Section 1 Short title
This Act may be cited as the “Closing the De Minimis Loophole Act”.
Closing the De Minimis Loophole Act
A BILL
To provide for phase-out of de minimis treatment under the Tariff Act of 1930, and for other purposes.
Sec. 2 Elimination of de minimis treatment under the Tariff Act of 1930
in subparagraph (B), by striking “, or” and inserting “; and”; and
by striking subparagraph (C) and all that follows through “subdivision (2); and”.
Delayed applicability date— The amendments made by this section shall take effect on the date of the enactment of this Act and apply—
with respect to articles originating in China, beginning on the date of the enactment of this Act, except with respect to such articles that were loaded onto a vessel at the port of loading, or in transit on the final mode of transport prior to entry into the United States, during the 3-day period ending on such date of enactment; and
with respect to articles originating in any other country, to such articles entered, or withdrawn from warehouse for consumption, on or after the date that is 120 days after the date of the enactment of this Act.
Rulemaking required— Pursuant to the authority under section 251 of the Revised Statutes (19 U.S.C. 66) and any other applicable provision of law, the Secretary of the Treasury shall, during the 120-day period beginning on the date of the enactment of this Act, carry out a rulemaking process to—
consistently implement the termination of privileges with respect to entry of articles that were authorized under section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) before the date of the enactment of this Act, including with respect to entry procedures;
ensure that data requirements and entry procedures for informal modes of entry are sufficient to ensure the effective enforcement of the laws of the United States and the efficient and accurate collection of duties, fees, and taxes, including by requiring entities making entry of an article under any of chapters 50 through 63 of the Harmonized Tariff Schedule of the United States (HTS) to provide an identification of the HTS heading number or subheading number, including at the 10-digit level if applicable; and
ensure that regulations and guidance establishing, implementing, and collecting penalties and liabilities associated with informal entry are sufficient to deter unlawful or fraudulent activity and to ensure the exercise of reasonable care in completing and providing accurate documentation.
International postal agreements— In the case of shipments, the entry or release of which would have been made under section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) before the date of the enactment of this Act, that are sent to the United States through the international postal network, the Secretary of the Treasury, in consultation with the Postmaster General, shall determine appropriate fees and procedures to ensure, to the extent feasible, consistency between the treatment of shipments by the U.S. Postal Service and other shipments, and may prescribe such changes through regulation.