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19 U.S.C. § 4321 — Establishment of importer risk assess-

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19 U.S.C. § 4321 — Establishment of importer risk assess-

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Page 1099 TITLE 19—CUSTOMS DUTIES § 4321 ury 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 fol- lowing: (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 mitiga- tion 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 merchan- dise transported in bond and collecting du- ties, as appropriate. (2) The effectiveness of actions taken by U.S. Customs and Border Protection to measure ac- countability and performance with respect to protection of revenue. (3) The number and outcome of investiga- tions 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 per- sonnel of U.S. Customs and Border Protection. (b) Period covered by report Each report required by subsection (a) shall cover the period of 2 fiscal years ending on Sep- tember 30 of the calendar year preceding the submission of the report. (Pub. L. 114–125, title I, § 112, Feb. 24, 2016, 130 Stat. 140.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsec. (a)(1)(A), is act June 17, 1930, ch. 497, 46 Stat. 590. Subtitles A and B of title VII of the Act are classified generally to parts I (§ 1671 et seq.) and II (§ 1673 et seq.), respectively, of subtitle IV of chapter 4 of this title. For complete clas- sification of this Act to the Code, see section 1654 of this title and Tables. § 4320. Importer of record program (a) Establishment Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Se- curity shall establish an importer of record pro- gram to assign and maintain importer of record numbers. (b) Requirements The 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 informa- tion 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 informa- tion 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 informa- tion is collected to allow U.S. Customs and Border Protection to identify changes in ad- dress and corporate structure of importers; (2) provides a process by which importers are assigned importer of record numbers; (3) maintains a centralized database of im- porter 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 Not later than one year after February 24, 2016, the Secretary shall submit to the Com- mittee on Finance of the Senate and the Com- mittee on Ways and Means of the House of Rep- resentatives a report on the importer of record program established under subsection (a). (d) Number defined In this section, the term ‘‘number’’, with re- spect to an importer of record, means a filing identification number described in section 24.5 of title 19, Code of Federal Regulations (or any corresponding similar regulation) that fully sup- ports the requirements of subsection (b) with re- spect to the collection and maintenance of infor- mation. (Pub. L. 114–125, title I, § 114, Feb. 24, 2016, 130 Stat. 142.) § 4321. Establishment of importer risk assess- ment program (a) In general Not later than the date that is 180 days after February 24, 2016, the Commissioner shall estab- lish a program that directs U.S. Customs and Border Protection to adjust bond amounts for importers, including new importers and non- resident importers, based on risk assessments of such importers conducted by U.S. Customs and Border Protection, in order to protect the rev- enue 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 non- resident importers, to determine if and to what extent— (A) to adjust bond amounts of imported products of such importers; and 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.)

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

19 U.S.C. § 1671 — Countervailing duties imposed

**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement i

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

19 U.S.C. § 1671 — Countervailing duties imposed

Page 329 TITLE 19—CUSTOMS DUTIES § 1671 1 So in original. Probably should be section ‘‘1677–1(a)’’. 2 So in original. Probably should be section ‘‘1677–1(c)’’. SUBTITLE IV—COUNTERVAILING AND ANTIDUMPING DUTIES PART I—IMPOSITION OF COUNTERVAILING DUTIES Editorial Notes CODIFICATION The designations ‘‘SUBTITLE IV’’ and ‘‘PART I’’ were in the original ‘‘TITLE VII’’ and ‘‘Subtitle A’’ respec- tively, and were editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1671. Countervailing duties imposed (a) General rule If— (1) the administering authority determines that the government of a country or any pub- lic entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commis- sion determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchan- dise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and section 1671d(b)(1) of this title, a reference to the sale of merchandise includes the entering i

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

19 U.S.C. § 1673 — Antidumping duties imposed

If— (1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and (2) the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and [section 1673d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b/1&num=0&edition=prelim), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.

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

19 U.S.C. § 1673 — Antidumping duties imposed

Page 350 TITLE 19—CUSTOMS DUTIES § 1673 (3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this part on that mer- chandise. (June 17, 1930, ch. 497, title VII, § 709, as added Pub. L. 98–573, title VI, § 608, Oct. 30, 1984, 98 Stat. 3029.) Editorial Notes Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART II—IMPOSITION OF ANTIDUMPING DUTIES Editorial Notes CODIFICATION The designation ‘‘PART II’’ was in the original ‘‘Sub- title B’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1673. Antidumping duties imposed If— (1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and (2) the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchan- dise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and section 1673d(b)(1) of this title, a reference to the

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

19 U.S.C. § 4321 — Importer of record program

**(a) Establishment** Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers. **(b) Requirements** The 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** Not later than one year after February 24, 2016, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the importer of record p

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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

6 U.S.C. § 961 — Establishment

Page 429 TITLE 6—DOMESTIC SECURITY § 961 (2) $146,000,000 for fiscal year 2009; and (3) $153,300,000 for fiscal year 2010. (Pub. L. 109–347, title II, § 205, Oct. 13, 2006, 120 Stat. 1906; Pub. L. 115–254, div. J, § 1812, Oct. 5, 2018, 132 Stat. 3539.) Editorial Notes AMENDMENTS 2018—Subsec. (l). Pub. L. 115–254 struck out par. (1) designation and heading, substituted ‘‘Not later than 270 days after October 5, 2018,’’ for ‘‘Not later than Sep- tember 30, 2007,’’ in introductory provisions, redesig- nated subpars. (A) to (H) of former par. (1) as pars. (1) to (8), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘Not later than September 30, 2010, the Secretary, act- ing through the Commissioner, shall, in consultation with other appropriate government officials and the Commercial Operations Advisory Committee, submit an updated report to the appropriate congressional committees on the effectiveness of, and the need for any improvements to, the Container Security Initia- tive. The updated report shall address each of the ele- ments required to be included in the report provided for under paragraph (1).’’ Statutory Notes and Related Subsidiaries INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION Pub. L. 111–281, title VIII, § 825, Oct. 15, 2010, 124 Stat. 3004, as amended by Pub. L. 114–120, title III, § 320, Feb. 8, 2016, 130 Stat. 66, provided that: ‘‘(a) COORDINATION.—The Secretary of Homeland Se- curity shall, to the extent practicable, conduct the as- sessments required by the following provisions of law concurrently, or develop a process by which the assess- ments are coordinated between the Coast Guard and Customs and Border Protection: ‘‘(1) Section 205 of the SAFE Port Act (6 U.S.C

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