Customs Modernization 2023: Stronger import enforcement and anti-counterfeiting measures.
This Act significantly strengthens the authority of U.S. Customs and Border Protection (CBP) to enforce customs and trade laws, particularly against illegal imports and counterfeit goods. It mandates electronic filing of entry documentation, expands liability for customs violations (including for e-commerce platforms), and accelerates the forfeiture of merchandise infringing intellectual property rights. For citizens, this means potentially safer products and faster customs procedures, but also stricter penalties for entities involved in import irregularities.
Key points
Mandatory Electronic Filing: Requires electronic submission of most customs documentation, aiming to streamline and expedite import processes.
Expanded Liability for Violations: E-commerce platforms and other entities facilitating importation (e.g., freight forwarders) are explicitly included in recordkeeping requirements and can be held liable for customs violations.
Stricter Anti-Counterfeiting Measures: Allows for immediate forfeiture (summary forfeiture) of small shipments (up to $800 value) containing counterfeit or copyright-infringing goods, targeting illicit e-commerce trade.
New Standards for Fraud and Negligence Penalties: Eliminates the 'gross negligence' category and clarifies the definitions of 'fraud' and 'negligence' in customs violations, potentially leading to higher penalties.
Electronic Communication Authority: CBP is authorized to provide any required notice or communication electronically, replacing other means and speeding up administrative procedures.
Expired
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