View all text of Subchapter I [§ 4311 - § 4323]
§ 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.)