§4301. 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.
(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);
(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;
(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 regarding cargo destined for the United States-
(i) to ensure that such cargo complies with the customs and trade laws of the United States; and
(ii) to facilitate the legitimate international trade of such cargo;
(G) soliciting and considering on a regular basis input from private sector entities, including the Commercial Customs Operations Advisory Committee established by section 4316 of this title and the Trade Support Network, with respect to, as appropriate-
(i) the implementation of changes to the customs and trade laws of the United States; and
(ii) the development, implementation, or revision of policies or regulations administered by U.S. Customs and Border Protection; and
(H) otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with facilitating legitimate trade and enforcing the customs and trade laws of the United States.
(3) Commissioner
The term "Commissioner" means the Commissioner of U.S. Customs and Border Protection, as described in section 211(b) of title 6.
(4) Customs and trade laws of the United States
The term "customs and trade laws of the United States" includes the following:
(A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
(B) Section 3 of this title.
(C) Section 6 of this title.
(D) The Act of March 3, 1927 (
(E) Section 58c of this title.
(F) Section 66 of this title.
(G) Section 68 of this title.
(H) The Act of June 18, 1934 (
(I) Section 198 of this title.
(J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
(K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.).
(L) The North American Free Trade Agreement Implementation Act (19 U.S.C. 3301 et seq.).1
(M) The Uruguay Round Agreements Act (19 U.S.C. 3501 et seq.).
(N) The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.).
(O) The Andean Trade Preference Act (19 U.S.C. 3201 et seq.).
(P) The African Growth and Opportunity Act (19 U.S.C. 3701 et seq.).
(Q) The Customs Enforcement Act of 1986 (
(R) The Customs and Trade Act of 1990 (
(S) The Customs Procedural Reform and Simplification Act of 1978 (
(T) The Trade Act of 2002 (
(U) The Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.).
(V) The Act of March 28, 1928 (
(W) The Act of August 7, 1939 (
(X) The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (
(Y) The Trade Preferences Extension Act of 2015 (
(Z) Any other provision of law implementing a trade agreement.
(AA) Any other provision of law vesting customs revenue functions in the Secretary of the Treasury.
(BB) Any other provision of law relating to trade facilitation or trade enforcement that is administered by U.S. Customs and Border Protection on behalf of any Federal agency that is required to participate in the International Trade Data System established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)).
(CC) Any other provision of customs or trade law administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(5) Private sector entity
The term "private sector entity" means-
(A) an importer;
(B) an exporter;
(C) a forwarder;
(D) an air, sea, or land carrier or shipper;
(E) a contract logistics provider;
(F) a customs broker; or
(G) any other person (other than an employee of a government) affected by the implementation of the customs and trade laws of the United States.
(6) Trade enforcement
The term "trade enforcement" means the enforcement of the customs and trade laws of the United States.
(7) Trade facilitation
The term "trade facilitation" refers to policies and activities of U.S. Customs and Border Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that complies with the customs and trade laws of the United States.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Tariff Act of 1930, referred to in par. (4)(A), is act June 17, 1930, ch. 497,
Act of March 3, 1927, referred to in par. (4)(D), is act Mar. 3, 1927, ch. 348,
Act of June 18, 1934, referred to in par. (4)(H), is act June 18, 1934, ch. 590,
The Trade Act of 1974, referred to in par. (4)(J), is
The Trade Agreements Act of 1979, referred to in par. (4)(K), is
The North American Free Trade Agreement Implementation Act, referred to in par. (4)(L), is
The Uruguay Round Agreements Act, referred to in par. (4)(M), is
The Caribbean Basin Economic Recovery Act, referred to in par. (4)(N), is title II of
The Andean Trade Preference Act, referred to in par. (4)(O), is title II of
The African Growth and Opportunity Act, referred to in par. (4)(P), is title I of
The Customs Enforcement Act of 1986, referred to in par. (4)(Q), is subtitle B of title III of
The Customs and Trade Act of 1990, referred to in par. (4)(R), is
The Customs Procedural Reform and Simplification Act of 1978, referred to in par. (4)(S), is
The Trade Act of 2002, referred to in par. (4)(T), is
The Convention on Cultural Property Implementation Act, referred to in par. (4)(U), is title III of
Act of March 28, 1928, referred to in par. (4)(V), is act Mar. 28, 1928, ch. 266,
Act of August 7, 1939, referred to in par. (4)(W), is act Aug. 7, 1939, ch. 566,
The Bipartisan Congressional Trade Priorities and Accountability Act of 2015, referred to in par. (4)(X), is title I of
The Trade Preferences Extension Act of 2015, referred to in par. (4)(Y), is
Statutory Notes and Related Subsidiaries
Short Title
Executive Documents
Ex. Ord. No. 13785. Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws
Ex. Ord. No. 13785, Mar. 31, 2017, 82 F.R. 16719, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the efficient and effective administration of United States trade laws, it is hereby ordered as follows:
(a) the term "importer" has the meaning given in section 4321 of title 19, United States Code; and
(b) the term "covered importer" means any importer of articles subject to antidumping or countervailing duties for which one of the following is true: U.S. Customs and Border Protection (CBP) has no record of previous imports by the importer; CBP has a record of the importer's failure to fully pay antidumping or countervailing duties; or CBP has a record of the importer's failure to pay antidumping or countervailing duties in a timely manner.
(b) To ensure the timely and efficient enforcement of laws protecting Intellectual Property Rights (IPR) holders from the importation of counterfeit goods, the Secretary of the Treasury and the Secretary of Homeland Security shall take all appropriate steps, including rulemaking if necessary, to ensure that CBP can, consistent with law, share with rights holders:
(i) any information necessary to determine whether there has been an IPR infringement or violation; and
(ii) any information regarding merchandise voluntarily abandoned, as defined in section 127.12 of title 19, Code of Federal Regulations, before seizure, if the Commissioner of CBP reasonably believes that the successful importation of the merchandise would have violated United States trade laws.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 13796. Addressing Trade Agreement Violations and Abuses
Ex. Ord. No. 13796, Apr. 29, 2017, 82 F.R. 20819, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) all bilateral, plurilateral, and multilateral trade agreements and investment agreements to which the United States is a party; and
(b) all trade relations with countries governed by the rules of the World Trade Organization (WTO) with which the United States does not have free trade agreements but with which the United States runs significant trade deficits in goods.
(i) those violations or abuses of any United States trade agreement, investment agreement, WTO rule governing any trade relation under the WTO, or trade preference program that are harming American workers or domestic manufacturers, farmers, or ranchers; harming our intellectual property rights; reducing our rate of innovation; or impairing domestic research and development;
(ii) unfair treatment by trade and investment partners that is harming American workers or domestic manufacturers, farmers, or ranchers; harming our intellectual property rights; reducing our rate of innovation; or impairing domestic research and development;
(iii) instances where a trade agreement, investment agreement, trade relation, or trade preference program has failed with regard to such factors as predicted new jobs created, favorable effects on the trade balance, expanded market access, lowered trade barriers, or increased United States exports; and
(iv) lawful and appropriate actions to remedy or correct deficiencies identified pursuant to subsections (a)(i) through (a)(iii) of this section.
(b) The findings of the performance reviews required by this order shall help guide United States trade policy and trade negotiations.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 13904. Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders
Ex. Ord. No. 13904, Jan. 31, 2020, 85 F.R. 6725, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
It is the policy of the United States Government to protect consumers, intellectual property rights holders, businesses, and workers from counterfeit goods, narcotics (including synthetic opioids such as fentanyl), and other contraband now being introduced into the United States as a result of the recent growth in e-commerce. The United States Government must also protect the revenue of the United States from individuals and entities who evade customs duties, taxes, and fees.
It is the policy of the United States Government that any person who knowingly, or with gross negligence, imports, or facilitates the importation of, merchandise into the United States in material violation of Federal law evidences conduct of so serious and compelling a nature that it should be referred to U.S. Customs and Border Protection (CBP) of the Department of Homeland Security for a determination whether such conduct affects that person's present responsibility to participate in transactions with the Federal Government.
It is the policy of the United States Government, as reflected in Executive Order 12549 of February 18, 1986 (Debarment and Suspension) [31 U.S.C. 6101 note], and elsewhere, to protect the public interest and ensure the integrity of Federal programs by transacting only with presently responsible persons. In furtherance of this policy, the nonprocurement debarment and suspension system enables executive departments and agencies to exclude from Federal programs persons who are not presently responsible. CBP implements this system by suspending and debarring persons who flout the customs laws, among other persons who lack present responsibility. To achieve the policy goals stated herein, the United States Government shall consider all appropriate actions that it can take to ensure that persons that CBP suspends or debars are excluded from participating in the importation of merchandise into the United States.
It is the policy of the United States Government that express consignment operators, carriers, hub facilities, international posts, customs brokers, and other entities, including e-commerce platform operators, should not facilitate importation involving persons who are suspended or debarred by CBP.
It is the policy of the United States Government to ensure that parcels containing contraband be kept outside of the United States to the greatest extent possible and that all parties who participate in the introduction or attempted introduction of such parcels into the United States be held accountable under the laws of the United States.
(b) Such criteria shall include a criterion providing that any person debarred or suspended by CBP for lack of present responsibility for reasons related to importation or trade shall be ineligible to obtain an importer of record number for the duration of such person's suspension or debarment by CBP.
(b) The Secretary of Homeland Security, through the Commissioner of CBP, shall consider appropriate measures, consistent with applicable law, to ensure that express consignment operators, carriers, hub facilities, and licensed customs brokers cease to facilitate business activity that requires an importer of record number by any person who may not obtain an importer of record number, as provided by any criteria established by the Secretary under section 2 of this order. Depending on the criteria established, such consideration shall include whether CBP may take any of the following measures: limiting an express consignment operator's, carrier's, or hub facility's participation in any CBP trusted trader programs; taking appropriate action with regard to an express consignment operator's, carrier's, or hub facility's operating privileges; or suspending or revoking a customs broker's license.
(b) Within 90 days from the date of this order [Jan. 31, 2020], the Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall submit to the President a report on any appropriate measures the Federal Government could take, including negotiating with international posts, to prevent the importation or attempted importation into the United States through the international postal network of shipments containing goods, when such importation or attempted importation is known to have been facilitated by any person who may not obtain an importer of record number under any criteria established by the Secretary under section 2 of this order.
(b) The Secretary of Homeland Security shall prioritize targeted inspection of imports into the United States from any international post that for two or more consecutive quarters is deemed a non-compliant international post.
(c) Consistent with applicable law, the Secretary of Homeland Security, through the Commissioner of CBP, in consultation with USPS, may require additional information for any shipment from any international post that for six or more consecutive quarters is deemed a non-compliant international post. The Secretary of Homeland Security, through the Commissioner of CBP, shall, to the extent consistent with applicable law and international agreements, implement all appropriate measures to prevent importation into the United States of any shipments dispatched from any international post that is deemed a non-compliant international post for six or more consecutive quarters and for which the additional information required consistent with this subsection is not promptly provided. USPS should collaborate with CBP in implementing these measures.
(d) The Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall, to the maximum extent permitted by applicable law, take measures to protect the United States from shipments from any international post that for eight or more consecutive quarters is deemed a non-compliant international post. To the extent consistent with applicable law and as appropriate, such measures might include preventing the importation into the United States of shipments dispatched from such posts, regardless of whether additional information required by CBP is provided. Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall submit a report to the President analyzing what measures CBP may take consistent with its existing authorities.
(e) Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, shall publish and regularly update appropriate guidance related to CBP's implementation of this section, including the process by which an international post is deemed a non-compliant international post and the process by which an international post is removed from the list of non-compliant international posts.
(b) Within 60 days of the date of this order, the Attorney General shall assign appropriate resources to ensure that Federal prosecutors accord a high priority to prosecuting offenses related to import violations as described in this order, including, as appropriate and within existing appropriations, increasing the number of Department of Justice officials who will enforce criminal or civil laws, as appropriate, related to the importation of merchandise.
(a) analyzing whether the fees collected by CBP are currently set at a sufficient level to reimburse the Federal Government's costs associated with processing, inspecting, and collecting duties, taxes, and fees for parcels; and
(b) providing recommendations, consistent with applicable law, regarding any fee adjustments that are necessary to reimburse the Federal Government's costs associated with processing, inspecting, and collecting duties, taxes, and fees for parcels.
(a) "Customs broker" has the meaning given to that term in 19 U.S.C. 1641(a)(1).
(b) "Express consignment operator, carrier, or hub facility" has the meaning given to those terms in 19 CFR 128.1.
(c) "International post" means any foreign public or private entity providing various types of postal services, including mailing and delivery services.
(d) "Contraband" has the meaning given to that term in 49 U.S.C. 80302(a), and also means any goods or merchandise otherwise prohibited from importation or entry under the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], as amended.
(e) "E-commerce platform" means any web-based platform that includes features primarily designed for arranging the sale, purchase, payment, or shipping of goods, or that enables sellers not directly affiliated with an operator of a web-based platform to sell physical goods through the web to consumers located in the United States.
(f) "Person" means any individual, corporation, partnership, association, or legal entity, however organized.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.