What does Preamble of S 1185 do?

This bill proposes to amend section 321 of the Tariff Act of 1930. The stated purpose is to enhance transparency regarding shipments seeking an administrative exemption from duties for low-value entries. The bill was introduced in the Senate on March 27, 2025, by Mr. Wyden and referred to the Committee on Finance.

What does SHORT TITLE. of S 1185 do?

This bill is formally titled the ``Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains for America Act of 2025'' or the ``FIGHTING for America Act of 2025''.

What does SENSE OF CONGRESS. of S 1185 do?

This section expresses the sense of Congress regarding the volume of low-value imports eligible for the de minimis exemption under section 321 of the Tariff Act of 1930. Congress believes it is necessary to periodically review customs procedures to protect U.S. revenue, interdict illicit goods, and facilitate legitimate trade. The growth of direct-to-consumer business models has reportedly led to increased attempts to ship illicit goods through low-value shipments. Congress intends to reevaluate the powers delegated to the Secretary of the Treasury under section 321 to protect U.S. revenue and scrutinize shipments with administrative exemptions.

What does DESIGNATION OF PRIORITY TRADE ISSUE. of S 1185 do?

This section amends Section 117(a) of the Trade Facilitation and Trade Enforcement Act of 2015. The amendment adds a new subsection (8) to address the smuggling of fentanyl, other illicit drugs, and related material. This smuggling is specifically related to the abuse of entry procedures for merchandise qualifying for an administrative exemption under section 321 of the Tariff Act of 1930.

What does ENHANCED TRANSPARENCY FOR SHIPMENTS. of S 1185 do?

This section amends Section 321 of the Tariff Act of 1930 to require additional documentation and information for articles seeking administrative exemptions. The Secretary of the Treasury, in consultation with the Postmaster General, must prescribe regulations within 180 days of enactment. Required documentation may include information about the offer for sale, identity of parties involved, fair retail value, and other information to protect revenue. The Secretary also requires the submission of the 10-digit Harmonized Tariff Schedule classification, a description of the article, and the country of origin. Parties other than those making entry may provide the required documentation. Individuals providing documentation must ensure its accuracy and are subject to penalties for false statements. U.S. Customs and Border Protection may use the provided information for lawful purposes. Civil penalties of up to $1,000 for the first violation and $5,000 for subsequent violations apply for violating regulations. Fraudulent statements leading to incorrect duty rates or improper exemptions can result in civil penalties of up to $5,000 for the first instance and $10,000 for subsequent instances. Penalties may be remitted or mitigated except for fourth or subsequent violations by the same person.

What does LIMITATIONS ON EXEMPTION FROM DUTIES. of S 1185 do?

This section amends Section 321 of the Tariff Act of 1930 to limit the Secretary of the Treasury's ability to exempt goods from duties and taxes. The Secretary may not exempt articles subject to antidumping or countervailing duties, tariff-rate quotas, certain taxes, or actions under specific sections of the Trade Act of 1974 and the Trade Expansion Act of 1962. Goods not designated as eligible for the Generalized System of Preferences as of January 1, 2025, are also ineligible for exemption. The Secretary may also restrict exemptions for goods experiencing a significant increase in imports or demonstrating evidence of fraud or illicit activities. The Secretary must maintain a publicly accessible list of articles deemed unable to be exempted and review it at least annually.

What does DISPOSITION OF DETAINED MERCHANDISE. of S 1185 do?

This section amends Section 499 of the Tariff Act of 1930. It modifies procedures for the disposition of detained merchandise, particularly regarding claims of administrative exemptions under section 321(a)(2)(C). U.S. Customs and Border Protection (CBP) is now responsible for providing notice to interested parties regarding detained merchandise. Interested parties can choose to abandon merchandise instead of providing information. If no response is received within 15 days of the notice, the merchandise is deemed abandoned and title vests in the United States. Certain provisions do not apply to merchandise for which entry under an administrative exemption under section 321(a)(2)(C) is claimed.

What does REPORT ON REVIEW OF MERCHANDISE BY PARTNER GOVERNMENT AGENCIES. of S 1185 do?

This section requires the Secretary of the Treasury to submit a report to Congress. The report must address the engagement of partner government agencies with U.S. Customs and Border Protection in reviewing and detaining merchandise. The review concerns merchandise where an administrative exemption under section 321 of the Tariff Act of 1930 is claimed. The report should include recommendations for improving engagement and the interdiction of merchandise inconsistent with agency requirements.

What does SUMMARY FORFEITURE OF CERTAIN MERCHANDISE IMPORTED CONTRARY TO of S 1185 do?

This section amends the Tariff Act of 1930 to allow for summary forfeiture of certain imported merchandise. Merchandise may be summarily forfeited to the United States if an administrative exemption under section 321(a)(2)(C) is claimed and the merchandise is described in section 596(c) paragraphs (1), (2), or (3). Following summary forfeiture, title to the merchandise vests immediately in the United States. U.S. Customs and Border Protection must notify the carrier of the merchandise, and may notify a customs broker, of the forfeiture.

What does MODIFICATION OF PENALTY FOR AIDING UNLAWFUL IMPORTATION. of S 1185 do?

This section modifies Section 596(b) of the Tariff Act of 1930. The amendment removes the existing language of the subsection and replaces it with new provisions. Individuals violating Section 596(a) are subject to a penalty. The penalty is the greater of the domestic value of the article or $5,000.

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FIGHTING for America Act of 2025 — S. 1185

Last updated: 3/27/2025 · Introduced: 3/27/2025

Author: Ron Wyden (D-OR)

TL;DR (AI)

This bill amends the Tariff Act of 1930 to require more documentation and information for shipments seeking duty exemptions, including details about the offer for sale, parties involved, and country of origin.
The bill limits the Secretary of the Treasury’s ability to exempt goods from duties and taxes, excluding items subject to antidumping duties, tariff-rate quotas, or ineligible for the Generalized System of Preferences.
It establishes civil penalties for inaccurate documentation, ranging up to $1,000 for the first violation and $5,000 for subsequent violations, with higher penalties for fraudulent statements.
The bill allows for summary forfeiture of merchandise if it is imported contrary to law and an administrative exemption is claimed.
It imposes a $2 fee on each shipment entered or released under the administrative exemption process, with potential for similar fees on postal shipments.

119th Congressin committeeOfficial page

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