1.Short title; table of
contents
(a)This Act may be cited
as the Textile Enforcement and
Security Act of 2011
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Textile or apparel article defined.
Sec. 3. Definitions.
Sec. 4. Findings.
Sec. 5. Sense of Congress.
Title I—Additional authorities for U.S. Customs and Border
Protection
Sec. 101. Seizure and forfeiture of certain textile or apparel
articles and use of amounts from fines, penalties, and forfeitures.
Sec. 102. Increase in certain TAPP positions and import
specialist positions and biennial review of staff levels.
Title II—Amendments to the Tariff Act of 1930
Sec. 201. Special provisions regarding certain violations
relating to import documentation.
Sec. 202. Electronic preference verification system for origin
of textile or apparel articles under CAFTA-DR, NAFTA, and other free trade
agreements.
Sec. 203. Establishment of textile and apparel new importer
program.
Sec. 204. Nonresident importer declaration program for textile
or apparel articles.
Title III—Establishment of textile and apparel manufacturing and
supplier registry
Sec. 301. Establishment of textile and apparel manufacturing
and supplier registry.
Title IV—Implementation report
Sec. 401. Implementation report.
2.Textile or
apparel article defined
(a)In this Act, the term textile or apparel
article means any of the following:
(1)Any good
classifiable in chapters 50 through 63 of the HTS.
(2)Any good
classifiable under one of the following HTS headings or subheadings:
(A)3005.90.
(B)3921.12.15.
(C)3921.13.15.
(D)3921.90.25.
(E)6601.10 through
6601.99.
(F)7019.19.15.
(G)7019.19.28.
(H)7019.40 through
7019.59.
(I)8708.21.
(J)9404.30.40.
(K)9404.30.80.
(L)9404.90.
(b)In subsection (a), the term HTS means the
Harmonized Tariff Schedule of the United States.
3.In this Act:
(1)The
term Commissioner means the Commissioner responsible for U.S.
Customs and Border Protection.
(2)The terms enter and entry refer
to the entry, or withdrawal from warehouse for consumption, of a textile or
apparel article in the customs territory of the United States.
(3)The
term importer means one of the parties qualifying as an importer
of record under section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)).
(4)The term special operations means an
initiative that is—
(A)implemented to
address specific instances of transactions that do not comply with United
States trade laws with respect to textile or apparel articles;
(B)used to address
any import violations involving textile or apparel articles, including fraud,
quota requirements, revenue collection, trade preferences or requirements under
free trade agreements, product safety, anti-dumping and countervailing duties,
or intellectual property rights; or
(C)initiated to
address a singular instance or a pattern of high-risk behavior, involving a
particular commodity or other trade issue, including valuation, origin fraud,
or trade preference violation, on the part of a country, importer, or
manufacturer.
(5)The
term TAPP means the Textile and Apparel Policy and Programs
division of the Office of International Trade within U.S. Customs and Border
Protection.
(6)The
term TPVTs means Textile Product Verification Teams.
(7)The
term dedicated means, with respect to an import specialist, that
such import specialist who focus solely on the import of textile or apparel
articles.
(8)The
term trained means, with respect to an import specialist, that
such import specialist has received, at least every last three years, education
or training related to the import of textile or apparel articles.
(9)The term nonresident importer means an
importer who is—
(A)an individual who is not a citizen of the
United States or an alien lawfully admitted for permanent residence in the
United States; or
(B)a partnership, corporation, or other
commercial entity that is not organized under the laws of a jurisdiction within
the customs territory of the United States (as such term is defined in General
Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin
Islands of the United States.
(10)The term new importer means an importer
with fewer than three years of import history into the United States of textile
or apparel articles. For purposes of this paragraph, a new importer that merges
with or is purchased by another importer, or is otherwise altered, shall be
considered to remain a new importer until such time as such new importer
presents proof to the Commissioner of such merger, purchase, or other
alteration for a determination regarding whether such new importer may be
treated as an importer.
(11)The term CAFTA-DR country has the meaning
given such term in section 3(2) of the Dominican Republic-Central
America-United States-Free Trade Agreement Implementation Act (19 U.S.C.
4002(2); Public Law 109–53).
4.Congress finds the following:
(1)The fraudulent or
illegal imports of textile and apparel articles into the United States results
in significant revenue loss to the Department of the Treasury.
(2)The Textile and
Apparel Policy and Programs division of the Office of International Trade
within U.S. Customs and Border Protection or any subsequent division has, with
respect to textile or apparel articles, the primary responsibility to ensure
the proper enforcement of all trade laws, rules, and regulations affecting
textile and apparel articles.
(3)The TAPP has the
authority to direct the implementation and enforcement of free trade
agreements, multilateral agreements, bilateral textile agreements, trade
preference programs, and all other trade laws affecting textiles and apparel
articles.
(4)The primary focus
of the TAPP is to ensure the effective implementation of all trade enforcement
activities involving textile or apparel articles with its principle focus to
prevent circumvention of the requirements to obtain preferential trade
treatment under free trade agreements and trade preference programs in order to
avoid quotas or duties.
5.It is the sense of
Congress that—
(1)U.S. Customs and
Border Protection and the TAPP should be involved in supporting the negotiation
of enforcement provisions of trade preference programs and free trade
agreements affecting textiles and apparel articles;
(2)the TAPP should
conduct outreach to other Federal departments and agencies involved in overall
trade policy, such as Department of Commerce and the Office of the United
States Trade Representative;
(3)the TAPP should be
involved in the development of policies and procedures that provide guidance to
the port of entry of the textile and apparel articles, including training of
TAPP officials;
(4)the TAPP
headquarters office is currently below its optimal staffing levels and the TAPP
personnel efforts should be targeted at retaining senior staff and hiring new
qualified personnel so that the division is brought up to optimal staffing
levels, and these positions should be designated as not only policy positions,
but enforcement positions as well;
(5)the TAPP should
implement special operations, Textile Product Verification Teams, and other
actions under U.S. Customs and Border Protection authority to ensure
enforcement of trade laws relating to imports of textile or apparel articles in
a timely manner as concerns arise, particularly as such concerns relate to
enforcement of the North American Free Trade Agreement, the Dominican
Republic-Central America-United States Free Trade Agreement, and all other free
trade agreements and trade preference programs, in order to prevent
transshipments and origin fraud;
(6)the TAPP officials
should coordinate and collaborate with foreign government counterparts to
ensure effective enforcement of textile and apparel articles; and
(7)U.S. Customs and
Border Protection should ensure that seizures, detentions, special operations,
and TPVTs remain the primary focus of its enforcement efforts relating to
textile and apparel articles.
<enum>I</enum><header>Additional
authorities for U.S. Customs and Border Protection</header>
<section id="HFD5E1B829A1A47509B67617928C095F0"><enum>101.</enum><header>Seizure and
forfeiture of certain textile or apparel articles and use of amounts from
fines, penalties, and forfeitures</header>
<subsection id="H9EB73970DFE041ECB7663759F01DD990"><enum>(a)</enum><header>Seizure and
forfeiture</header>
<paragraph id="H46092B160B0544EFA425CB3F77D08B9C"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">The following
penalties shall apply with respect to an importation of a textile or apparel
article:</text>
<subparagraph id="H9379B9C67D304CD09EA5EFD79C78BC19"><enum>(A)</enum><text>In the case of
importation for which a trade preference has been claimed and with respect to
which the textile or apparel article has been either misdescribed on entry as
to country of origin or for which the importer does not verify actual country
of origin, for purposes of avoiding a duty or other obligation to the United
States Government, including any merchandise accompanied by documentation which
indicates a false or fraudulent country of origin or source of textile or
apparel articles, and any merchandise accompanied by a counterfeit visa,
license, permit, bill of lading, or similar documentation that is subsequently
used by the importer for entry of textile or apparel articles, the textile or
apparel article shall be subject to seizure and forfeiture in accordance with
United States trade laws and title 18, United States Code.</text>
</subparagraph><subparagraph id="HDF179168295A45A894B09640344EE147"><enum>(B)</enum><text>In the case of
importation by an importer who provides false information with respect to the
physical address of the importer or who does not meet the requirements of
section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484 (a)(2)(B)), the
textile or apparel article shall be subject to seizure and forfeiture in
accordance with United States trade laws and title 18, United States
Code.</text>
</subparagraph></paragraph><paragraph id="HB52EF259D6694246AE5D48C158403FDD"><enum>(2)</enum><header>Exception</header><text>A
clerical error shall not be considered a violation of paragraph (1) unless such
error is part of a pattern of negligent conduct.</text>
</paragraph></subsection><subsection id="HD3543803F61C4357BD5E81F524A06DB1"><enum>(b)</enum><header>Use of amounts
from fines, penalties, and forfeitures</header>
<paragraph id="HA207A67F46F04241BA23C4AD7153D8A2"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Notwithstanding any
other provision of law, the Secretary of Homeland Security, the Commissioner,
or the Secretary of the Treasury—</text>
<subparagraph id="H40CAE0559A244948BC90DA2E07B0BBFE"><enum>(A)</enum><text display-inline="yes-display-inline">shall use amounts from fines, penalties,
and forfeitures of property for violations of any law regarding the import of
textile or apparel articles enforced by the Secretary of Homeland Security or
the Secretary of the Treasury to pay for—</text>
<clause id="H56032D987DE74D3B82D4FC899B3D8DE4"><enum>(i)</enum><text display-inline="yes-display-inline">expenses directly related to investigations
of, and civil or criminal enforcement proceedings on, violations of any law
regarding the import of textile or apparel articles, including any necessary
expenses for equipment, training, travel, witnesses, and contracting services
directly related to such investigations or proceedings; and</text>
</clause><clause id="HBCFA6405F92F44E0A7BDD2A7C4072AB2"><enum>(ii)</enum><text display-inline="yes-display-inline">expenses related to training and education
for applicable revenue positions, including import specialists, international
trade specialists, and auditors who participate in the enforcement of the
export or import of textile or apparel articles through United States trade
laws; and</text>
</clause></subparagraph><subparagraph id="H1F4BF8CC3A9347FDA4DA7A79BDD95AC5"><enum>(B)</enum><text display-inline="yes-display-inline">may use amounts from fines, penalties, and
forfeitures of property for violations of any law regarding the import of
textile or apparel articles enforced by the Secretary of Homeland Security, the
Commissioner, or the Secretary of the Treasury to pay for a reward of not less
than 20 percent of the amount of the fine, penalty, or forfeiture of property
collected or $20,000, whichever is the lesser amount, to any person who
furnishes information that leads to an arrest, conviction, civil penalty
assessment, or forfeiture of property for any violation of any law regarding
the import of textile or apparel articles enforced by the Secretary of Homeland
Security, the Commissioner, or the Secretary of the Treasury.</text>
</subparagraph></paragraph><paragraph id="H0978891E39954E589D792AEFDF713D1F"><enum>(2)</enum><header>Rule of
construction</header><text display-inline="yes-display-inline">Amounts
collected from fines, penalties, and forfeitures of property for violations of
any law regarding the import of textile or apparel articles enforced by the
Secretary of Homeland Security, the Commissioner, or the Secretary of the
Treasury to pay for expenses described in paragraph (1)(A) or a reward
described in paragraph (1)(B) are in addition to amounts otherwise available
for such purposes.</text>
</paragraph></subsection></section><section id="HA90C11CCC9F243BCB365C801B5F973D2"><enum>102.</enum><header>Increase in
certain TAPP positions and import specialist positions and biennial review of
staff levels</header>
<subsection id="H35977953FBBE4D9396D67597EDBE4F40"><enum>(a)</enum><header>Increase in
certain TAPP positions</header><text display-inline="yes-display-inline">Not
later than 180 days of the date of the enactment of this Act, the Commissioner
shall ensure that—</text>
<paragraph id="H186BB6C62A0046368AD5BDB2FF150CE8"><enum>(1)</enum><text display-inline="yes-display-inline">the Textile Operations Branch (or any
successor or related Branch) of the TAPP shall consist of, at a minimum, one
Branch Chief and six Operations Staff, of whom three Operations Staff shall be
assigned to one of the CAFTA-DR countries for purposes of assisting U.S.
Customs and Border Protection with verification of textile and apparel
preferences claimed under the Dominican Republic-Central America-United States
Free Trade Agreement;</text>
</paragraph><paragraph id="H4E44BDBC88CA4D16B30356B898FE8B31"><enum>(2)</enum><text display-inline="yes-display-inline">the Textile/Apparel Policy & Programs
Division (or any successor or related Branch) of the TAPP shall consist of, at
a minimum, one Branch Chief and three Operations Staff and two textile trade
analysts; and</text>
</paragraph><paragraph id="H3F1D420831B0491C9221822BE3B5986F"><enum>(3)</enum><text display-inline="yes-display-inline">the Quota Branch (or any successor or
related Branch) of the TAPP shall consist of, at a minimum, one Branch Chief
and four Operations Staff.</text>
</paragraph></subsection><subsection id="H91DF71E720FB4902A07ECB10B186EA33"><enum>(b)</enum><header>Increase in
textile and apparel trained import specialists</header><text display-inline="yes-display-inline">As soon as practicable after the date of
the enactment of this Act, the Commissioner shall certify, with respect to the
15 largest (by value of entries) United States ports of entry for textile or
apparel articles, that Import Specialists who are assigned to such ports of
entry are trained in fraud, trade preference verification, undervaluation, or
other issues relating to imports of textile or apparel articles so that the
number of such trained Import Specialist positions is not less than 150 percent
of the number of trained Import Specialist positions in existence as of the
date of the enactment of this Act.</text>
</subsection><subsection id="H06122F604EDB467285C35A873BCF2784"><enum>(c)</enum><header>Increase in
dedicated textile and apparel import specialists</header><text display-inline="yes-display-inline">As soon as practicable after the date of
the enactment of this Act, the Commissioner shall increase dedicated textile
and import specialists by 25 percent at the 15 largest (by value of entries)
United States ports of entry for textile or apparel articles over the number of
such specialists in existence as of the date of the enactment of this
Act.</text>
</subsection><subsection id="H35C1FF0C6936449AB4CC5BE49480A32D"><enum>(d)</enum><header>Biennial review
of staff levels</header><text display-inline="yes-display-inline">Not later
than one year after the date of the enactment of this Act and every two years
thereafter, the Commissioner shall submit to the Committee on Ways and Means
and the Committee on Homeland Security of the House of Representatives, the
Committee on Finance and the Committee on Homeland Security and Governmental
Affairs of the Senate, and the co-chairs of the Congressional Textile Caucus a
report on the staffing levels specified in this section, including a
determination of whether or not there is need for additional staff to carry out
the duties of the TAPP.</text>
</subsection></section><enum>II</enum><header>Amendments to the
Tariff Act of 1930</header>
<section id="H071C0FFAAA0E41FBA63C9454ACCDE23E"><enum>201.</enum><header>Special
provisions regarding certain violations relating to import
documentation</header>
<subsection id="H2020C608B17D4EC8B45EB134ECC05ED1"><enum>(a)</enum><header>Publication of
names of certain violators</header><text display-inline="yes-display-inline">Section 592A(a)(1) of the Tariff Act of
1930 (19 U.S.C. 1592a(a)(1)) is amended—</text>
<paragraph id="H0C976C8DF4184C86878EBBA7E07948CA"><enum>(1)</enum><text>in the matter
preceding subparagraph (A), by striking <quote>is authorized to</quote> and
inserting <quote>shall</quote>; and</text>
</paragraph><paragraph id="H7AF12236A8D447299D5C3BC9053F5CD2"><enum>(2)</enum><text>in subparagraph
(A), by inserting before the comma at the end the following: <quote>, including
for violations of quotas, duties, or trade preference programs</quote>.</text>
</paragraph></subsection><subsection id="H513AB64D638D42219B9A6F34EB15195B"><enum>(b)</enum><header>List of
high-Risk countries</header><text>Section 592A(b)(1) of the Tariff Act of 1930
(1592(a)(b)(1)) is amended, in the first sentence—</text>
<paragraph id="HBC196755F44A41A4AC040B27C6FB44B0"><enum>(1)</enum><text>by striking
<quote>is authorized to</quote> and inserting <quote>shall</quote>; and</text>
</paragraph><paragraph id="H70BE8263FDE0490CAC4313319096D80A"><enum>(2)</enum><text>by inserting
<quote>or duties or violate trade preference programs</quote> after
<quote>quotas</quote>.</text>
</paragraph></subsection></section><section id="HF9DDEE238C944C2ABC216754EDAB1131"><enum>202.</enum><header>Electronic
preference verification system for origin of textile or apparel articles under
CAFTA-DR, NAFTA, and other free trade agreements</header>
<subsection id="H8FA0A03752AB46B499A5B2664339DF22"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">Not later than 180 days after the date of
the enactment of this Act, the President, acting through the Commissioner and
in coordination with the head of the Office of Textiles and Apparel of the
Department of Commerce, shall establish an electronic verification system for
tracking textile or apparel articles imported or exported under the Dominican
Republic-Central America-United States Free Trade Agreement, the North American
Free Trade Agreement, or any other free trade agreement to which the United
States is a party, to ensure compliance with the respective requirements of
such agreements.</text>
</subsection><subsection id="HF30C7614F01D4A1BBC1B290BFE2AAACA"><enum>(b)</enum><header>Implementation</header><text display-inline="yes-display-inline">The President shall seek to enter into
consultations and agreements, as appropriate, with the government of each
foreign country that is a party to an agreement referred to in subsection (a)
for purposes of implementing the electronic verification system established
under such subsection.</text>
</subsection><subsection id="HD9F9FA4FB0124428BE1E3DAD5360E87B"><enum>(c)</enum><header>Confidentiality</header><text display-inline="yes-display-inline">The electronic verification system
established under subsection (a) shall ensure that proprietary information,
such as information about supply chain participants, are coded so that only
U.S. Customs and Border Protection and Office of Textiles and Apparel personnel
can access such information.</text>
</subsection><subsection id="H7E5CD03FAA5C4915B1C2C08CFE3842B5"><enum>(d)</enum><header>Sense of
Congress</header><text display-inline="yes-display-inline">It is the sense of
Congress that the President should seek to make the integration of the
electronic verification system established under subsection (a) in future free
trade agreements a priority in negotiations for such agreements.</text>
</subsection></section><section id="H76B72917981442048643000026B54F7B"><enum>203.</enum><header>Establishment
of textile and apparel new importer program</header>
<subsection id="HBA5C56C6A23E403DAB3975F6AFE4B73B"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Not later than 180
days after the date of the enactment of this Act, the Commissioner shall
establish a new importer program that directs U.S. Customs and Border
Protection to adjust bond amounts for new importers of textile and apparel
goods based on the level of risk assessed by U.S. Customs and Border Protection
for protection of revenue of the Federal Government.</text>
</subsection><subsection id="HD6E265B9387A43C58A4F4539CCD1EF61"><enum>(b)</enum><header>Requirements</header><text display-inline="yes-display-inline">The Commissioner shall ensure that, as part
of the new importer program established under subsection (a), U.S. Customs and
Border Protection—</text>
<paragraph id="H08119C4ACC644F169B6D474AD9B9922A"><enum>(1)</enum><text>develops risk
assessment guidelines for new importers of textile and apparel imports;</text>
</paragraph><paragraph id="H71F054D09159469BBE9CD4EFFCB8330C"><enum>(2)</enum><text>adjusts bond
amounts for new importers in accordance with the risk assessment guidelines
developed under paragraph (1);</text>
</paragraph><paragraph id="HA3311CF327BC4876A5AB70DFE8B637D4"><enum>(3)</enum><text>maintains a
centralized database of new importers; and</text>
</paragraph><paragraph id="H5C45A82394F94473B9ED1117B1542F6E"><enum>(4)</enum><text>ensures accuracy
of required information provided to U.S. Customs and Border Protection by new
importers.</text>
</paragraph></subsection><subsection id="H083CFE01940440EFBA79942CDB1AA73D"><enum>(c)</enum><header>Bonding
authority</header><text display-inline="yes-display-inline">Section 623(b) of
the Tariff Act of 1930 (19 U.S.C. 1623(b)) is amended by adding at the end the
following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HF2A687A8828A4D97AE664927FBE54D77" style="traditional">
<paragraph id="H772073B2359C48A1B6C672761FDA9138"><enum>(5)</enum><text display-inline="yes-display-inline">In the case of importation of textile or
apparel articles, by regulation or specific instruction require, or authorize
U.S. Customs and Border Protection officers to require, the amount of the bond
to include amounts equal to any duties, fees, or penalties estimated to be
payable on such articles. For purposes of this paragraph, amounts equal to any
penalties estimated to be payable on such articles shall be based on a risk
assessment of the new importer carried out in accordance with section 203 of
the Textile Security and Enforcement Act of 2011. Any person who violates this
paragraph shall be liable for a civil penalty of $50,000 for each such
violation.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HD73B2C2329BA4787836F894BF3B0B26C"><enum>(d)</enum><header>Other
penalties</header><text display-inline="yes-display-inline">In addition to the
penalties specified in paragraph (5) of section 623(b) of the Tariff Act of
1930 (19 U.S.C. 1623(b)), as added by subsection (c) of this section, for a
violation of such paragraph, any person who violates any other customs law of
the United States with respect to the importation of textile or apparel
articles shall be subject to any applicable civil or criminal penalty,
including seizure and forfeiture that may be imposed under such customs law,
including section 592 of the Tariff Act of 1930 (19 U.S.C. 1592).</text>
</subsection></section><section id="H8DEDD69ECC604D49861013C9365934CA"><enum>204.</enum><header>Nonresident
importer declaration program for textile or apparel articles</header>
<subsection id="HD1CC0F3E52444D11A0F97BFF393AAF4D"><enum>(a)</enum><header>Establishment of
program</header><text display-inline="yes-display-inline">Not later than 180
days after the date of the enactment of this Act, the Commissioner shall
establish and maintain a nonresident importer declaration program with respect
to the importation of textile or apparel articles. The program shall require
nonresident importers of textile or apparel articles to provide the information
required under subsection (b) and declare the information required under
subsection (c), and require that such information accompany the entry summary
documentation for such textile or apparel articles.</text>
</subsection><subsection id="H3BF7DF01A36544BAB75CCC7CF7D8CB9B"><enum>(b)</enum><header>Information
required</header><text>The Commissioner shall require the following information
to be submitted by any nonresident importer seeking to import textile or
apparel articles:</text>
<paragraph id="HC5768E71C1204F8FBD0D2687914D3DF0"><enum>(1)</enum><text>An identification
of a resident agent in the State in which the port of entry is located who is
authorized to accept service of process against the nonresident importer in
connection with the importation of the textile or apparel articles.</text>
</paragraph><paragraph id="HED245E763509451A955FE226C0002DCD"><enum>(2)</enum><text>A
certification that the resident agent described in paragraph (1) has assets in
the United States in sufficient amounts for the purpose of ensuring the payment
of any additional loss of revenue not covered by any surety bond or for any
civil penalties levied by the Federal Government in connection with the
importation of the textile or apparel articles.</text>
</paragraph><paragraph id="H13D1587B781C4AAB967A08C9B9977FF7"><enum>(3)</enum><text>A
copy of the commercial invoice accompanying the shipment of the textile or
apparel articles, including the name, address, and contact information for each
person in the transaction, such as the trading house, the freight forwarder,
and the ultimate purchaser of the goods.</text>
</paragraph></subsection><subsection id="H0960420FFE6343D0B86E32E773E2662A"><enum>(c)</enum><header>Declarations
required</header><text>Pursuant to procedures prescribed by the Commissioner,
any nonresident importer seeking to import textile or apparel articles shall
declare the following:</text>
<paragraph commented="no" id="HCCC9A2FCAF414AD3A79EA427F065D391"><enum>(1)</enum><text>The nonresident
importer has secured a bond in connection with the importation of the textile
or apparel articles as required by paragraph (5) of section 623(b) of the
Tariff Act of 1930 (19 U.S.C. 1623(b)) (as added by section 203(c) of this
Act).</text>
</paragraph><paragraph id="H90DB2D1DA0CB4C0992A5F8E6D1173B3C"><enum>(2)</enum><text>The nonresident
importer has established a power of attorney in connection with the importation
of the textile or apparel articles.</text>
</paragraph></subsection><subsection commented="no" id="HE54D8F09F61D446ABA184287AC1C6C67"><enum>(d)</enum><header>Authority</header><text>A
resident agent under this section shall accept service of process on behalf of
the nonresident importer of such agent for the purpose of duties, penalties, or
other fines issued by the Secretary of Homeland Security or the Commissioner if
the Secretary or the Commissioner is unable to collect duties, penalties, or
other fines from such nonresident importer.</text>
</subsection><subsection id="H844018CA6DB54D808079AE903BB42884"><enum>(e)</enum><header>Penalties</header>
<paragraph id="H9F5B4A38507145CEAD35A42002B47D0E"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">It shall be unlawful
for any person to import into the United States any textile or apparel article
in violation of this section.</text>
</paragraph><paragraph id="H76D1A24951244A95923B305697A2E4AF"><enum>(2)</enum><header>Civil
penalties</header><text>Any person who violates paragraph (1) shall be liable
for a civil penalty of $50,000 for each such violation.</text>
</paragraph><paragraph id="H6A67B5667CF04DBAA8A6ED3A7DEB892D"><enum>(3)</enum><header>Other
penalties</header><text display-inline="yes-display-inline">In addition to the
penalties specified in paragraph (2), any violation of this section that
violates any other customs or trade law of the United States shall be subject
to any applicable civil and criminal penalty, including seizure and forfeiture,
that may be imposed under such customs or trade law or title 18, United States
Code, with respect to the importation of textile or apparel articles.</text>
</paragraph></subsection></section><enum>III</enum><header>Establishment of
textile and apparel manufacturing and supplier registry</header>
<section id="HB6F435516E59475C9F68E6F17BB7608E"><enum>301.</enum><header>Establishment
of textile and apparel manufacturing and supplier registry</header><text display-inline="no-display-inline">Not later than 180 days after the date of
enactment of this Act, the President, acting through the Commissioner and in
coordination with the head of the Office of Textiles and Apparel of the
Department of Commerce, shall establish an electronic Textile and Apparel
Manufacturing Supplier Registry pilot program to serve as a centralized
database of United States producers and manufacturers of thread, yarn, fabric,
and apparel that supply products to companies in the United States, countries
that are parties to the North American Free Trade Agreement, the Central
American Free Trade Agreement, and other free trade or preference regions in
the Western Hemisphere.</text>
</section><enum>IV</enum><header>Implementation
report</header>
<section id="H3E714EDABDAE4B3C891A7BBF73B988FF"><enum>401.</enum><header>Implementation
report</header><text display-inline="no-display-inline">Not later than one year
after the date of the enactment of this Act, the Commissioner shall submit to
the Committee on Ways and Means and the Committee on Homeland Security of the
House of Representatives, the Committee on Finance and the Committee on
Homeland Security and Governmental Affairs of the Senate, and the co-chairs of
the Congressional Textile Caucus a report on the implementation of this
Act.</text>
</section>