Collapse to view only § 4315. Consultations with respect to mutual recognition arrangements

§ 4311. Improving partnership programs
(a) In general
(b) ElementsIn developing and operating partnership programs under subsection (a), the Commissioner shall—
(1) consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;
(2) ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;
(3) consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade benefits provided to participants in such programs, and enhance the allocation of the resources of U.S. Customs and Border Protection;
(4) coordinate with the Director of U.S. Immigration and Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United States—
(A) to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System established under section 1411(d) of this title;
(B) to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;
(C) to develop criteria for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States; and
(D) to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States to receive immediate clearance absent information that a transaction may pose a national security or compliance threat; and
(5) ensure that trade benefits are provided to participants in partnership programs.
(c) Report requiredNot later than the date that is 180 days after February 24, 2016, and not later than December 31 of each calendar year thereafter, the Commissioner shall submit to the appropriate congressional committees a report that—
(1) identifies each partnership program referred to in subsection (a);
(2) for each such program, identifies—
(A) the requirements for participants in the program;
(B) the commercially significant and measurable trade benefits provided to participants in the program;
(C) the number of participants in the program; and
(D) in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;
(3) identifies the number of participants enrolled in more than one such partnership program;
(4) assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program;
(5) summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to detain and release merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border Protection;
(6) summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States;
(7) summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs;
(8) describes measures taken by U.S. Customs and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and
(9) summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report.
(Pub. L. 114–125, title I, § 101, Feb. 24, 2016, 130 Stat. 127.)
§ 4312. Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs
(a) Priorities and performance standards
(1) In general
(2) Minimum priorities and standards
(b) Functions and programs described
The functions and programs referred to in subsection (a) are the following:
(1) The Automated Commercial Environment.
(2) Each of the priority trade issues described in section 4322 of this title.
(3) The Centers of Excellence and Expertise described in section 4317 of this title.
(4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 906 of this Act.
(5) Transactions relating to imported merchandise in bond.
(6) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
(7) The expedited clearance of cargo.
(8) The issuance of regulations and rulings.
(9) The issuance of Regulatory Audit Reports.
(c) Consultations and notification
(1) Consultations
(2) Notification
(Pub. L. 114–125, title I, § 103, Feb. 24, 2016, 130 Stat. 129.)
§ 4313. Educational seminars to improve efforts to classify and appraise imported articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate international trade
(a) Establishment
The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to—
(1) improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States;
(2) improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and
(3) otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade.
(b) Content
(1) Classifying and appraising imported articles
In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following:
(A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation.
(B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate.
(C) Customs valuation.
(D) Industry supply chains and other related matters as determined to be appropriate by the Commissioner.
(2) Trade enforcement efforts
In carrying out subsection (a)(2), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement to identify opportunities to enhance enforcement of the following:
(A) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
(B) Addressing evasion of duties on imports of textiles.
(C) Protection of intellectual property rights.
(D) Enforcement of child labor laws.
(3) Approval of Commissioner and Director
(c) Selection process
(1) In general
(2) Criteria
The Commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph (1) based on—
(A) availability and usefulness;
(B) the volume, value, and incidence of mislabeling or misidentification of origin of imported articles; and
(C) other appropriate criteria established by the Commissioner.
(3) Public availability
(d) Special rule for antidumping and countervailing duty orders
(1) In general
(2) Interested party
(e) Performance standards
(f) Reporting
(g) Definitions
In this section:
(1) Director
(2) United States
(3) U.S. Customs and Border Protection personnel
(4) U.S. Immigration and Customs Enforcement personnel
(Pub. L. 114–125, title I, § 104, Feb. 24, 2016, 130 Stat. 130.)
§ 4314. Joint strategic plan
(a) In general
(b) ContentsThe joint strategic plan required under this section shall be comprised of a comprehensive multiyear plan for trade enforcement and trade facilitation, and shall include—
(1) a summary of actions taken during the 2-year period preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis of specific performance measures to evaluate the progress of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement in meeting each such responsibility;
(2) a statement of objectives and plans for further improving trade enforcement and trade facilitation;
(3) a specific identification of the priority trade issues described in section 4322 of this title that can be addressed in order to enhance trade enforcement and trade facilitation, and a description of strategies and plans for addressing each such issue, including—
(A) a description of the targeting methodologies used for enforcement activities with respect to each such issue;
(B) recommendations for improving such enforcement activities; and
(C) a description of the implementation of previous recommendations for improving such enforcement activities;
(4) a description of efforts made to improve consultation and coordination among and within Federal agencies, and in particular between U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, regarding trade enforcement and trade facilitation;
(5) a description of the training that has occurred to date within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve trade enforcement and trade facilitation, including training at educational seminars carried out under section 4313 of this title;
(6) a description of efforts to work with the World Customs Organization and other international organizations, in consultation with other Federal agencies as appropriate, with respect to enhancing trade enforcement and trade facilitation;
(7) a description of U.S. Custom 1
1 So in original. Probably should be “Customs”.
and Border Protection organizational benchmarks for optimizing staffing and wait times at ports of entry;
(8) a specific identification of any domestic or international best practices that may further improve trade enforcement and trade facilitation;
(9) any legislative recommendations to further improve trade enforcement and trade facilitation; and
(10) a description of efforts made to improve consultation and coordination with the private sector to enhance trade enforcement and trade facilitation.
(c) Consultations
(1) In generalIn developing the joint strategic plan required under this section, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall consult with—
(A) appropriate officials from relevant Federal agencies, including—
(i) the Department of the Treasury;
(ii) the Department of Agriculture;
(iii) the Department of Commerce;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Health and Human Services;
(vii) the Food and Drug Administration;
(viii) the Consumer Product Safety Commission; and
(ix) the Office of the United States Trade Representative; and
(B) the Commercial Customs Operations Advisory Committee established by section 4316 of this title.
(2) Other consultationsIn developing the joint strategic plan required under this section, the Commissioner and the Director shall seek to consult with—
(A) appropriate officials from relevant foreign law enforcement agencies and international organizations, including the World Customs Organization; and
(B) interested parties in the private sector.
(d) Form of plan
(Pub. L. 114–125, title I, § 105, Feb. 24, 2016, 130 Stat. 132.)
§ 4315. Consultations with respect to mutual recognition arrangements
(a) Consultations
The Secretary of Homeland Security, with respect to any proposed mutual recognition arrangement or similar agreement between the United States and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions, shall consult with the appropriate congressional committees—
(1) not later than 30 days before initiating negotiations to enter into any such arrangement or similar agreement; and
(2) not later than 30 days before entering into any such arrangement or similar agreement.
(b) Negotiating objective
(Pub. L. 114–125, title I, § 108, Feb. 24, 2016, 130 Stat. 135.)
§ 4316. Commercial Customs Operations Advisory Committee
(a) Establishment
(b) Membership
(1) In general
The Advisory Committee shall be comprised of—
(A) 20 individuals appointed under paragraph (2);
(B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and
(C) the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee.
(2) Appointment
(A) In general
(B) Requirements
In making appointments under subparagraph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members—
(i) to ensure that the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of U.S. Customs and Border Protection; and
(ii) without regard to political affiliation.
(C) Terms
(3) Transfer of membership
(c) Duties
The Advisory Committee established under subsection (a) shall—
(1) advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of U.S. Customs and Border Protection, including advising with respect to significant changes that are proposed with respect to regulations, policies, or practices of U.S. Customs and Border Protection;
(2) provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of U.S. Customs and Border Protection;
(3) collaborate in developing the agenda for Advisory Committee meetings; and
(4) perform such other functions relating to the commercial operations of U.S. Customs and Border Protection as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct.
(d) Meetings
(e) Annual report
Not later than December 31, 2016, and annually thereafter, the Advisory Committee shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that—
(1) describes the activities of the Advisory Committee during the preceding fiscal year; and
(2) sets forth any recommendations of the Advisory Committee regarding the commercial operations of U.S. Customs and Border Protection.
(f) Termination
(g) Conforming amendment
(1) Omitted
(2) Reference
(Pub. L. 114–125, title I, § 109, Feb. 24, 2016, 130 Stat. 136; Pub. L. 117–286, § 4(a)(143), Dec. 27, 2022, 136 Stat. 4321.)
§ 4317. Centers of Excellence and Expertise
(a) In general
The Commissioner shall, in consultation with the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established under section 4316 of this title, develop and implement Centers of Excellence and Expertise throughout U.S. Customs and Border Protection that—
(1) enhance the economic competitiveness of the United States by consistently enforcing the laws and regulations of the United States at all ports of entry of the United States and by facilitating the flow of legitimate trade through increasing industry-based knowledge;
(2) improve enforcement efforts, including enforcement of priority trade issues described in section 4322 of this title, in specific industry sectors through the application of targeting information from the National Targeting Center under section 4318 of this title and from other means of verification;
(3) build upon the expertise of U.S. Customs and Border Protection in particular industry operations, supply chains, and compliance requirements;
(4) promote the uniform implementation at each port of entry of the United States of policies and regulations relating to imports;
(5) centralize the trade enforcement and trade facilitation efforts of U.S. Customs and Border Protection;
(6) formalize an account-based approach to apply, as the Commissioner determines appropriate, to the importation of merchandise into the United States;
(7) foster partnerships though the expansion of trade programs and other trusted partner programs;
(8) develop applicable performance measurements to meet internal efficiency and effectiveness goals; and
(9) whenever feasible, facilitate a more efficient flow of information between Federal agencies.
(b) Report
Not later than December 31, 2016, the Commissioner shall submit to the appropriate congressional committees a report describing—
(1) the scope, functions, and structure of each Center of Excellence and Expertise developed and implemented under subsection (a);
(2) the effectiveness of each such Center of Excellence and Expertise in improving enforcement efforts, including enforcement of priority trade issues described in section 4322 of this title, and facilitating legitimate trade;
(3) the quantitative and qualitative benefits of each such Center of Excellence and Expertise to the trade community, including through fostering partnerships through the expansion of trade programs such as the Importer Self Assessment program and other trusted partner programs;
(4) all applicable performance measurements with respect to each such Center of Excellence and Expertise, including performance measures with respect to meeting internal efficiency and effectiveness goals;
(5) the performance of each such Center of Excellence and Expertise in increasing the accuracy and completeness of data with respect to international trade and facilitating a more efficient flow of information between Federal agencies; and
(6) any planned changes in the number, scope, functions, or any other aspect of the Centers of Excellence and Expertise developed and implemented under subsection (a).
(Pub. L. 114–125, title I, § 110, Feb. 24, 2016, 130 Stat. 138.)
§ 4318. Commercial risk assessment targeting and trade alerts
(a) Commercial risk assessment targetingIn carrying out its duties under section 211(g)(4) of title 6, the National Targeting Center, in coordination with the Office of Trade established under section 2084 of this title, as appropriate, shall—
(1) establish targeted risk assessment methodologies and standards—
(A) for evaluating the risk that cargo destined for the United States may violate the customs and trade laws of the United States, particularly those laws applicable to merchandise subject to the priority trade issues described in section 4322 of this title; and
(B) for issuing, as appropriate, Trade Alerts described in subsection (b);
(2) to the extent practicable and otherwise authorized by law, use, to administer the methodologies and standards established under paragraph (1)—
(A) publicly available information;
(B) information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under section 1411(d) of this title, the TECS (formerly known as the “Treasury Enforcement Communications System”), the case management system of U.S. Immigration and Customs Enforcement, and any successor systems; and
(C) information made available to the National Targeting Center, including information provided by private sector entities;
(3) provide for the receipt and transmission to the appropriate U.S. Customs and Border Protection offices of allegations from interested parties in the private sector of violations of customs and trade laws of the United States with respect to merchandise relating to the priority trade issues described in section 4322 of this title; and
(4) notify, on a timely basis, each interested party in the private sector that has submitted an allegation of any violation of the customs and trade laws of the United States of any civil or criminal actions taken by U.S. Customs and Border Protection or any other Federal agency resulting from the allegation.
(b) Trade Alerts
(1) Issuance
(2) Determinations not to implement Trade AlertsThe director of a United States port of entry may determine not to conduct further inspections, or physical examination or testing, pursuant to a Trade Alert issued under paragraph (1) if the director—
(A) finds that such a determination is justified by port security interests; and
(B) not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection of the determination and the reasons for the determination.
(3) Summary of determinations not to implementThe Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall—
(A) compile an annual summary of all determinations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations;
(B) conduct an evaluation of the utilization of Trade Alerts issued under paragraph (1); and
(C) not later than December 31 of each calendar year, submit the summary to the appropriate congressional committees.
(4) Inspection definedIn this subsection, the term “inspection” means the comprehensive evaluation process used by U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of—
(A) assessing duties;
(B) identifying restricted or prohibited items; and
(C) ensuring compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.
(Pub. L. 114–125, title I, § 111, Feb. 24, 2016, 130 Stat. 139.)
§ 4319. Report on oversight of revenue protection and enforcement measures
(a) In generalNot later than June 30, 2016, and not later than March 31 of each second year thereafter, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing, with respect to the period covered by the report, as specified in subsection (b), the following:
(1) The effectiveness of the measures taken by U.S. Customs and Border Protection with respect to protection of revenue, including—
(A) the collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.);
(B) the assessment, collection, and mitigation of commercial fines and penalties;
(C) the use of bonds, including continuous and single transaction bonds, to secure that revenue; and
(D) the adequacy of the policies of U.S. Customs and Border Protection with respect to the monitoring and tracking of merchandise transported in bond and collecting duties, as appropriate.
(2) The effectiveness of actions taken by U.S. Customs and Border Protection to measure accountability and performance with respect to protection of revenue.
(3) The number and outcome of investigations instituted by U.S. Customs and Border Protection with respect to the underpayment of duties.
(4) The effectiveness of training with respect to the collection of duties provided for personnel of U.S. Customs and Border Protection.
(b) Period covered by report
(Pub. L. 114–125, title I, § 112, Feb. 24, 2016, 130 Stat. 140.)
§ 4320. Importer of record program
(a) Establishment
(b) RequirementsThe Secretary shall ensure that, as part of the importer of record program, U.S. Customs and Border Protection—
(1) develops criteria that importers must meet in order to obtain an importer of record number, including—
(A) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to verify the existence of the importer requesting the importer of record number;
(B) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify linkages or other affiliations between importers that are requesting or have been assigned importer of record numbers; and
(C) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify changes in address and corporate structure of importers;
(2) provides a process by which importers are assigned importer of record numbers;
(3) maintains a centralized database of importer of record numbers, including a history of importer of record numbers associated with each importer, and the information described in subparagraphs (A), (B), and (C) of paragraph (1);
(4) evaluates and maintains the accuracy of the database if such information changes; and
(5) takes measures to ensure that duplicate importer of record numbers are not issued.
(c) Report
(d) Number defined
(Pub. L. 114–125, title I, § 114, Feb. 24, 2016, 130 Stat. 142.)
§ 4321. Establishment of importer risk assessment program
(a) In general
(b) RequirementsThe Commissioner shall ensure that, as part of the program established under subsection (a), U.S. Customs and Border Protection—
(1) develops risk assessment guidelines for importers, including new importers and nonresident importers, to determine if and to what extent—
(A) to adjust bond amounts of imported products of such importers; and
(B) to increase screening of imported products of such importers;
(2) develops procedures to ensure increased oversight of imported products of new importers, including nonresident importers, relating to the enforcement of the priority trade issues described in section 4322 of this title;
(3) develops procedures to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 4317 of this title; and
(4) establishes a centralized database of new importers, including new nonresident importers, to ensure accuracy of information that is required to be provided by such importers to U.S. Customs and Border Protection.
(c) Exclusion of certain importers
(d) ReportNot later than the date that is 2 years after February 24, 2016
(1) the risk assessment guidelines developed under subsection (b)(1);
(2) the procedures developed under subsection (b)(2) to ensure increased oversight of imported products of new importers, including new nonresident importers, relating to the enforcement of priority trade issues described in section 4322 of this title;
(3) the procedures developed under subsection (b)(3) to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 4317 of this title; and
(4) the number of bonds adjusted based on the risk assessment guidelines developed under subsection (b)(1).
(e) DefinitionsIn this section:
(1) Importer
(2) Nonresident importerThe term “nonresident importer” means an importer who is—
(A) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or
(B) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.
(Pub. L. 114–125, title I, § 115, Feb. 24, 2016, 130 Stat. 143.)
§ 4322. Priority trade issues
(a) In general
The Commissioner shall establish the following as priority trade issues:
(1) Agriculture programs.
(2) Antidumping and countervailing duties.
(3) Import safety.
(4) Intellectual property rights.
(5) Revenue.
(6) Textiles and wearing apparel.
(7) Trade agreements and preference programs.
(b) Modification
The Commissioner is authorized to establish new priority trade issues and eliminate, consolidate, or otherwise modify the priority trade issues described in subsection (a) if the Commissioner—
(1) determines it necessary and appropriate to do so; and
(2)
(A) in the case of new priority trade issues, submits to the appropriate congressional committees a summary of proposals to establish such new priority trade issues not later than 30 days after such new priority trade issues are to take effect; and
(B) in the case of existing priority trade issues, submits to the appropriate congressional committees a summary of proposals to eliminate, consolidate, or otherwise modify such existing priority trade issues not later than 60 days before such changes are to take effect.
(Pub. L. 114–125, title I, § 117, Feb. 24, 2016, 130 Stat. 145.)
§ 4323. Appropriate congressional committees defined
In this subchapter, the term “appropriate congressional committees” means—
(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives.
(Pub. L. 114–125, title I, § 118, Feb. 24, 2016, 130 Stat. 145.)