H.R. 805

119 HR 805 IH: End China’s De Minimis Abuse Act
 U.S. House of Representatives
 2025-01-28
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 805  IN THE HOUSE OF REPRESENTATIVES   January 28, 2025   Mr. Murphy  introduced the following bill; which was referred to the  Committee on Ways and Means    A BILL
To amend section 321 of the Tariff Act of 1930 to modify the administrative exemptions under that Act.
1.
Short title
This Act may be cited as the   End China’s De Minimis Abuse Act  .
2.
Modification of administrative exemptions under the Tariff Act of 1930
(a)
In general
Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) is amended—
(1)
in subsection (a)(2)—
(A)
in the matter preceding subparagraph (A), by striking  admit articles  and inserting  subject to subsection (b)(1), admit articles ;
(B)
in subparagraph (C)—
(i)
by striking  $800  and inserting  subject to subsection (b)(2), $800 ; and
(ii)
by striking the period at the end and inserting  ; and ;
(C)
in the matter following subparagraph (C), by striking  The privilege  and all that follows through  ; and ;
(2)
by redesignating subsection (b) as subsection (d); and
(3)
by inserting after subsection (a) the following:
(b)
(1)
The privilege of subparagraph (A), (B), or (C) of subsection (a)(2) shall not be granted in any case in which merchandise covered by a single order or contract is forwarded in separate lots to secure the benefit of such subsection.
(2)
The privilege of subparagraph (C) of subsection (a)(2) shall not be granted with respect to any article that is subject to duties or other import restrictions under any of the following provisions of law:
(A)
Subtitle A or B of title VII of this Act.
(B)
Section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251 ).
(C)
Section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ).
(D)
Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ).
(3)
(A)
No covered article may receive the privilege of subparagraph (C) of subsection (a)(2) unless the 10-digit classification of the article under the Harmonized Tariff Schedule of the United States is provided to U.S. Customs and Border Protection, pursuant to an authorized electronic data interchange system, as part of the entry filing in accordance with section 498 of this Act, in addition to any other information required by law.
(B)
In this paragraph, the term  covered article  means an article the origin of which is a country with any goods subject to duties or other import restrictions under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ).
(c)
Any person who enters, introduces, or attempts to introduce an article in violation of this section is liable for a civil penalty of $5,000 for the first violation; and $10,000 for each subsequent violation. A penalty imposed under this subsection is in addition to any other penalty authorized by law.
 .
(b)
Effective date
The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 30th day after the date of the enactment of this Act.