TITLE I AMENDMENTS TO THE TARIFF ACT OF 1930

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1 0 0 TITLE I AMENDMENTS TO THE TARIFF ACT OF 0 SEC. 0. LIMITATION ON LIQUIDATION Section 0 of the Tariff Act of 0 ( U.S.C. 0) is amended () in section (a)() by adding or section A(c)() after section (a)() ; and () in section (d), by adding at the end except for those entries covered by the prohibition in section A(c)() of this Act. SEC. 0. FINALITY OF CUSTOMS SERVICE DECISIONS. Section (a) of the Tariff Act of 0 ( U.S.C. (a)) is amended () in paragraph (), by striking or at the end; () by inserting after paragraph () the following new paragraphs: () the assessment or collection of duties, taxes, or fees, whether or not voluntarily tendered, under section (c) or (d) or section A (c) or (d) of this Act; or () a demand for payment or repayment of duties, taxes, and fees other than in accordance with sections 00 and 0 of this Act, including denials of requests for offsets pursuant to section 0(b)()(A) of this Act; ; and

2 0 0 () by inserting after within the time prescribed by section of that title. the following: Notwithstanding the previous sentence, if a protest is not filed with respect to a decision described in paragraph (), the existence and amount of liability for duties, taxes, or fees requested to be paid or repaid in the decision shall not be final and conclusive on any party for purposes of a civil action commenced by the United States in the United States Court of International Trade in accordance with section of title, United States Code. SEC. 0. FILING OF PROTESTS. (a) Section (c)() of the Tariff Act of 0 ( U.S.C. (c)()) is amended () by redesignating subparagraph (F) as subparagraph (G); () in subparagraph (G), as redesignated, by striking (E) and inserting (F) ; and () by striking or at the end of subparagraph (E) and inserting after subparagraph (E) the following new subparagraph: (F) with respect to a decision described in paragraph () or () of subsection (a) (i) any person against whom duties taxes, or fees are assessed, or from whom duties, taxes, or fees are collected; (ii) any person to whom a demand is made by U.S.

3 0 0 Customs and Border Protection for payment or repayment of duties, taxes, and fees; (iii) any person who tenders duties, taxes, or fees to the U.S. Customs and Border Protection, whether or not voluntarily; or (iv) any person whose request for an offset pursuant to section 0(b)()(A) is denied, in whole or in part; or. (b) Section (c)() of the Tariff Act of 0 ( U.S.C. (c)()) is amended by inserting at the end of clause (B) the following sentence: The date of a decision as to assessment or collection of duties, taxes, or fees under section (c) or A(c) of this Act is each of (i) the date on which U.S. Customs and Border Protection receives a tender of the duties, taxes, or fees, (ii) the date on which U.S. Customs and Border Protection informs the person making a prior disclosure of the amount of duties, taxes, or fees required to be tendered, and (iii) the date on which U.S. Customs and Border Protection informs the person making any such tender that the tender has been accepted and the matter is considered closed. SEC. 0. JUDICIAL REVIEW IN COUNTERVAILING DUTY AND ANTIDUMPING PROCEEDINGS. Section A of the Tariff Act of 0 ( U.S.C. a) is amended

4 0 0 () in subsection (c) (A) by inserting in paragraph () or suspended after enjoined by the court ; (B) in paragraph () (i) by adding Suspension of liquidation and before injunctive relief ; (ii) by designating the text in paragraph () as subparagraph (B); (iii) by inserting a new subparagraph (A) as follows: (A) In the case of a determination described in clause (iii) or (iv) of subsection (a)()(b) of this section for which judicial review is requested under this section, liquidation of the entry of merchandise that is covered by the action is suspended and the administering authority shall not issue instructions to U.S. Customs and Border Protection under section (a)()(b) of this Act for those entries pending the final disposition by the court, including all appeals. The court may order the

5 0 administering authority to lift the suspension of liquidation before the final decision by the court, upon a request by an interested party for such relief and a proper showing that the requested relief should be granted under the circumstances. ; and (iv) in new subparagraph (B), by inserting the liquidation of which was not suspended as provided in (A) of this subsection, after may enjoin the liquidation of some or all entries of merchandise covered by a determination of the Secretary, the administering authority, the Commission, ; and (C) by inserting a new paragraph () as 0 follows: () The provisions of section 0(d) of this title do not apply to any entries subject to appeal under subsection (a) of this section. ; and () in subsection (e) (A) by inserting or suspended after enjoined in subparagraph (); and

6 0 0 (B) by inserting at the end Any liquidation not in such accordance is void. SEC. 0. CUSTOMS BROKERS. Section (e)() of the Tariff Act of 0 ( U.S.C. (e)()) is amended () in the first sentence, by striking written petition and inserting summons and complaint ; () by striking the sentence A copy of the petition shall be transmitted promptly by the clerk of the court to the Secretary or his designee. ; and () in the last sentence, by striking petition and inserting summons and complaint. SEC. 0. LIQUIDATION IN ANTIDUMPING AND COUNTERVAILING DUTY CASES Section (a)() of the Tariff Act of 0 ( U.S.C. (a)()) is amended () in subsection (B) (A) by deleting such after paragraph () ; (B) by inserting after paragraph (), the following: the suspension of liquidation under section (d)() of this Act shall remain in

7 0 effect until time for appeal under section A of this Act has elapsed. ; (C) by inserting after that time after promptly ; (D) by inserting unless suspension of liquidation remains in effect pursuant to section A(c)()(A) after issued ; and (E) by inserting at the end, The administering authority must not issue instructions to Customs until the time for appeal under section A of this Act has elapsed. ; and () in subsection (C) (A) by striking under section A(c)() of this title after enjoined and under section A(g)()(c) of this title after suspended ; and (B) by inserting under that section after suspended. 0 TITLE II AMENDMENTS TO TITLE, UNITED STATES CODE SEC. 0. CIVIL ACTIONS AGAINST THE UNITED STATES.

8 0 Section of title, United States Code, is amended () in subsection (g) (A) by amending paragraph () to read as follows: () any decision of the Secretary of Treasury under section of the Tariff Act of 0 to suspend, revoke, or deny a customs broker s license or permit or impose a monetary penalty in lieu thereof; and ; (B) by striking paragraph (); and (C) by redesignating paragraph () as paragraph (). 0 () in subsection (i), (A) by striking exception and inserting exceptions in its place; (B) in paragraph () (i) by inserting taxes, or after duties, ; (ii) by striking, or other taxes ; and (iii) by striking for reasons other than the raising of revenue. (C) in paragraph (), by striking for reasons other than the protection of the public health or safety; or ; (D) by renumbering paragraph () as paragraph ();

9 0 (E) by inserting a new paragraph () as follows: () any prohibition or condition on the importation of merchandise; ; (F) by inserting a new paragraph () as follows: () importation without otherwise applicable duties, taxes, or fees on the importation of merchandise, or deferral of such duties, taxes, or fees; or ; (G) in paragraph () as renumbered by subparagraph (D), by striking () and inserting () in place thereof; and (H) in paragraph () as renumbered by subparagraph (D), by inserting, and section of this title at the end; () in subsection (j), by inserting before the period or any civil action arising under section of the Tariff Act of 0 ( U.S.C. ). 0 SEC. 0. CIVIL ACTIONS COMMENCED BY THE UNITED STATES. Section of title, United States Code is amended to read as follows:. Civil actions commenced by the United States

10 0 0 0 (a) The United States Court of International Trade shall have exclusive jurisdiction of any civil action which is commenced by the United States () to recover a civil penalty under any provision of the Tariff Act of 0; () to recover a civil penalty arising from any prohibition or condition on the importation of merchandise; () to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; () to recover customs duties; or () to enforce a summons under section 0 of the Tariff Act of 0 ( U.S.C. 0). (b) The United States Court of International Trade shall have exclusive jurisdiction of any seizure of merchandise that is imported or attempted to be imported, other than a seizure of narcotics or other controlled substances, under any provision of the Tariff Act of 0 or any provision setting forth a prohibition or condition on the importation of merchandise. SEC. 0. PERSONS ENTITLED TO COMMENCE A CIVIL ACTION Section (g) of title, United States Code, is amended

11 0 0 (A) by amending paragraph () to read as follows: () A civil action to review any decision of the Secretary of the Treasury under section of the Tariff Act of 0 to suspend, revoke, or deny a customs broker s license or permit or impose a monetary penalty in lieu thereof may be commenced in the United States Court of International Trade by the person whose license or permit was suspended, revoked, or denied, or by the person against whom the decision was issued. ; (B) by striking paragraph (); and (C) by redesignating paragraph () as paragraph (); SEC. 0. TIME FOR COMMENCEMENT OF ACTION. Section (g) of title, United States Code is amended to read as follows (g) A civil action contesting any decision of the Secretary of the Treasury under section of the Tariff Act of 0 to suspend, revoke, or deny a customs broker s license or permit or impose a monetary penalty in lieu thereof is barred unless commenced in accordance with the rules of the United States Court of International Trade within 0 days after the date of the entry of the final decision or order of such Secretary. SEC. 0. EXHAUSTION OF ADMINISTRATIVE REMEDIES.

12 0 Section (a) of title, United States Code, is amended () by inserting () after a civil action ; and () by adding at the end the following: () In this subsection, the term liquidated duties, charges, or exactions does not include duties, taxes, or fees that are the subject of a demand for payment or repayment other than in accordance with sections 00 and 0 of the Tariff Act of 0 ( U.S.C. 00 and 0), including denials of requests for offsets under section 0(b)()(A) of such Act ( U.S.C. 0(b)()(A)).. SEC. 0. RELIEF. Section (e) of title, United States Code, is amended by striking (b)() or (d)()(a) and inserting. 0 TITLE IIICREFERENCES AND EFFECTIVE DATE SEC. 0. REFERENCES. Except as otherwise expressly provided in this Act, any reference in this Act, including any amendment made by this Act, to the Bureau of Customs and Border Protection or the Customs Service shall be considered to be a reference to the U.S. Customs and Border Protection of the Department of Homeland Security. SEC. 0. EFFECTIVE DATE.

13 This Act and the amendments made by this Act shall take effect on the date that is 0 days after the date of enactment of this Act.

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