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19 U.S.C. § 4322 — Establishment of importer risk assessment program

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4322 — Establishment of importer risk assessment program

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Source location: Title 19, Chapter 28, § 4322; chapter-028-trade-facilitation-and-trade-enforcement.md

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**(a) In general** Not later than the date that is 180 days after February 24, 2016, the Commissioner shall establish a program that directs U.S. Customs and Border Protection to adjust bond amounts for importers, including new importers and nonresident importers, based on risk assessments of such importers conducted by U.S. Customs and Border Protection, in order to protect the revenue of the Federal Government. **(b) Requirements** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4317&num=0&edition=prelim); 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** This section shall not apply to an importer that is a validated Tier 2 or Tier 3 participant in the Customs–Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 ([6 U.S.C. 961](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section961&num=0&edition=prelim) et seq.). **(d) Report** Not later than the date that is 2 years after February 24, 2016, 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 detailing— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4317&num=0&edition=prelim); and (4) the number of bonds adjusted based on the risk assessment guidelines developed under subsection (b)(1). **(e) Definitions** In this section: (1) **Importer** — The term “importer” means one of the parties qualifying as an importer of record under [section 1484(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/a/2/B&num=0&edition=prelim). (2) **Nonresident importer** — The 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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 901 — Research, development, test, and evaluation efforts in furtherance of maritime and cargo security

**(a) In general** The Secretary shall— (1) direct research, development, testing, and evaluation efforts in furtherance of maritime and cargo security; (2) coordinate with public and private sector entities to develop and test technologies, and process innovations in furtherance of these objectives; and (3) evaluate such technologies. **(b) Coordination** The Secretary, in coordination with the Under Secretary for Science and Technology, the Assistant Secretary for Policy, the Commandant of the Coast Guard, the Director for Domestic Nuclear Detection,11 See Change of Name note below. the Chief Financial Officer, and the heads of other appropriate offices or entities of the Department, shall ensure that— (1) research, development, testing, and evaluation efforts funded by the Department in furtherance of maritime and cargo security are coordinated within the Department and with other appropriate Federal agencies to avoid duplication of efforts; and (2) the results of such efforts are shared throughout the Department and with other Federal, State, and local agencies, as appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 961 — Container Security Initiative

**(a) Establishment** The Secretary, acting through the Commissioner, shall establish and implement a program (referred to in this section as the “Container Security Initiative” or “CSI”) to identify and examine or search maritime containers that pose a security risk before loading such containers in a foreign port for shipment to the United States, either directly or through a foreign port. **(b) Assessment** The Secretary, acting through the Commissioner, may designate foreign seaports to participate in the Container Security Initiative after the Secretary has assessed the costs, benefits, and other factors associated with such designation, including— (1) the level of risk for the potential compromise of containers by terrorists, or other threats as determined by the Secretary; (2) the volume of cargo being imported to the United States directly from, or being transshipped through, the foreign seaport; (3) the results of the Coast Guard assessments conducted pursuant to [section 70108 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70108&num=0&edition=prelim); (4) the commitment of the government of the country in which the foreign seaport is located to cooperating with the Department in sharing critical data and risk management information and to maintain programs to ensure employee integrity; and (5) the potential for validation of security practices at the foreign seaport by the Department. **(c) Notification** The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Initiative or the revocation of such a designation before notifying the public of such designation or revocation. **(d) Negotiations** The Secretary, in cooperation with the Sec

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1202 — Harmonized Tariff Schedule

### Statutory Notes #### Publication of Harmonized Tariff Schedule The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402. #### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4317 — Commercial Customs Operations Advisory Committee

**(a) Establishment** Not later than the date that is 60 days after February 24, 2016, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in this section referred to as the “Advisory Committee”). **(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* — The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee. (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* — Each individual appointed to the Advisory Committee under this paragraph shall be appointed for a term of not more than 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially. (3) **Transfer of membership** — The Secretary of the Treasury and the Secretary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Op

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4311 — Definitions

In this chapter: (1) **Automated Commercial Environment** — The term “Automated Commercial Environment” means the Automated Commercial Environment computer system authorized under [section 58c(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/f/4&num=0&edition=prelim). (2) **Commercial operations of U.S. Customs and Border Protection** — The term “commercial operations of U.S. Customs and Border Protection” includes— (A) administering any customs revenue function (as defined in [section 215 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section215&num=0&edition=prelim)); (B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement; (C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to— (i) investigations relating to trade enforcement; and (ii) the development and implementation of the joint strategic plan required by [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4314&num=0&edition=prelim); (D) coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including representing the Department of Homeland Security in interagency fora addressing such efforts; (E) coordinating with customs authorities of foreign countries to facilitate legitimate international trade and enforce the customs and trade laws of the United States and the customs and trade laws of foreign countries; (F) collecting, assessing, and disseminating information as appropriate and in accordance with any law r

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4313 — Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs

**(a) Priorities and performance standards** (1) **In general** — The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b). (2) **Minimum priorities and standards** — Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and other types of applicable measures. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim). (3) The Centers of Excellence and Expertise described in [section 4317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4317&num=0&edition=prelim). (4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 ([19 U.S.C. 1313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1313&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 ([19 U.S.C. 1673](https://uscode.ho

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4313

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4315 — Joint strategic plan

**(a) In general** Not later than one year after February 24, 2016, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan. **(b) Contents** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4318 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4316&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim), in specific industry sectors through the application of targeting information from the National Targeting Center under [section 4318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4318&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4319 — Commercial risk assessment targeting and trade alerts

**(a) Commercial risk assessment targeting** In carrying out its duties under [section 211(g)(4) of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/g/4&num=0&edition=prelim), the National Targeting Center, in coordination with the Office of Trade established under [section 2084 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2084&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1411/d&num=0&edition=prelim), 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 prov

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4322 — Priority trade issues

Page 1100 TITLE 19—CUSTOMS DUTIES § 4322 (B) to increase screening of imported prod- ucts of such importers; (2) develops procedures to ensure increased oversight of imported products of new import- ers, 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 import- ers, including new nonresident importers, by Centers of Excellence and Expertise estab- lished under section 4317 of this title; and (4) establishes a centralized database of new importers, including new nonresident import- ers, 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 This section shall not apply to an importer that is a validated Tier 2 or Tier 3 participant in the Customs–Trade Partnership Against Ter- rorism program established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.). (d) Report Not later than the date that is 2 years after February 24, 2016, 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 detailing— (1) the risk assessment guidelines developed under subsection (b)(1); (2) the procedures developed under sub- section (b)(2) to ensure increased oversight of imported products of new importers, including new nonresident importers, relating to the en- forcement of priority trade issues described in section 4322 of this title; (3) the procedures developed under sub- section (b)(3) to ensure increased o

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