On December 7, 2023, a bill titled the “Customs Modernization Act of 2023” was introduced in the U.S. Senate. The bill proposes several amendments to the Tariff Act of 1930 to improve data collection by and strengthen enforcement activities of U.S. Customs and Border Protection (CBP).
The proposed legislation would increase CBP’s visibility into supply chains to increase accountability, expand the legal use of trade data, resolve data collection restrictions, improve enforcement, and allow federal agencies to share trade data.
Proposals in the bill include:
- Authorization for CBP to access data prior to the entry of goods and receive that data from parties other than the importer;
- An expansion of recordkeeping requirements and an increase of authority of CBP to obtain information by issuing summons for importation records;
- Increased CBP authority to seize goods that infringe on intellectual property rights (IPR);
- Further definition of the standards of fraud and negligence and a removal of the standard and maximum penalty for gross negligence;
- Increased liability and civil penalties for knowingly aiding unlawful importation and exportation;
- Collection of data of “de minimis” shipments that are valued under $800;
- The public disclosure of aircraft and vehicle (i.e., truck and rail) manifests.
The “Customs Modernization Act of 2023” can be read in full here:
https://www.cassidy.senate.gov/wp-content/uploads/2023/12/ROS23F60.pdf
