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 oversight of imported products of new importers, including new nonresident importers, by Centers of Ex- cellence and Expertise established under sec- tion 4317 of this title; 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 par- ties qualifying as an importer of record under section 1484(a)(2)(B) of this title. (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 ad- mitted 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.) Editorial Notes REFERENCES IN TEXT The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified gen- erally to part B (§ 961 et seq.) of subchapter II of chap- ter 3 of Title 6, Domestic Security. For complete classi- fication of this Act to the Code, see Short Title note set out under section 901 of Title 6 and Tables. The Harmonized Tariff Schedule of the United States, referred to in subsec. (e)(2)(B), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. § 4322. Priority trade issues (a) In general The Commissioner shall establish the fol- lowing 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 pro- grams. (b) Modification The Commissioner is authorized to establish new priority trade issues and eliminate, consoli- date, or otherwise modify the priority trade issues described in subsection (a) if the Commis- sioner— (1) determines it necessary and appropriate to do so; and (2)(A) in the case of new priority trade issues, submits to the appropriate congres- sional 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 congres- sional 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 de- fined In this subchapter, the term ‘‘appropriate con- gressional committees’’ means— (1) the Committee on Finance and the Com- mittee on Homeland Security and Govern- mental 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.)