US Codex
Bill
Notes

S. 2677 — what changed

To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.

From Introduced in Senate to Engrossed in Senate. 1 section amended between Introduced in Senate and Engrossed in Senate.

Section 1 Sharing of information with respect to suspected violations of intellectual property rights

Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is amended—

(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “suspects” and inserting “has a reasonable suspicion”;
(B)
in paragraph (1)—
(i)
changed by inserting “, packing materials, shipping containers,” after “its packaging” each the first place it appears; andappears;
(ii)
added by striking “and its packaging and labels” after “images of the merchandise” and inserting “, its packaging, packing materials, containers, and labels”; and
(iii)
renumbered was (3)(3)(3) by striking “; and” and inserting a semicolon;
(C)
changed in paragraph (2), by striking the period and inserting “; and”; a semicolon; and
(D)
by adding at the end the following:

changed “(3) may provide to the person nonpublic information about the merchandise that was—was generated by an online marketplace or other similar market platform, express consignment operator, freight forwarder, or any other entity that plays a role in the sale or importation of merchandise, or the facilitation thereof, into the United States that has been provided to, shared with, or obtained by U.S. Customs and Border Protection; and

changed “(A) generated by an online marketplace or other similar market platform, an express consignment operator, a freight forwarder, or any other entity that plays a role “(4) in the sale or importation case of merchandise into the United States or provision of nonpublic information described in paragraph (3), shall provide to the facilitation person notification of the information transmitted, in accordance with such sale or importation; andregulations as the Secretary may prescribe.”

removed “(B) provided to, shared with, or obtained by, U.S. Customs and Border Protection.”

(2)
in subsection (b)—
(A)
in paragraph (3), by striking “; and” and inserting a semicolon;
(B)
changed in paragraph (4), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(5) any other party with an interest in the merchandise, as determined appropriate by the Commissioner.”