DENIED Act

This bill prohibits certain entities from using the de minimis duty-free exemption for low-value shipments entering the United States, and requires enhanced data collection and regulations to identify prohibited articles. It amends the Tariff Act of 1930 and related laws.

Sec. 2, Prohibition on certain entities using the de minimis exemption: The Commissioner of U.S. Customs and Border Protection cannot admit an article duty-free under the de minimis exemption if a 'covered entity' is on the shipment's manifest or shipper declaration. Within 270 days, and every 90 days thereafter, the Secretary must publish a list of covered entities with descriptions of their law violations. Covered entities can petition for removal from the list after one year, with administrative and judicial review. The Commissioner must refer entities involved in forced labor to the Forced Labor Enforcement Task Force. Civil penalties are up to $1,000 for the first violation and $5,000 for subsequent violations. A 'covered entity' is one listed on a shipment's manifest that has been assessed a penalty more than twice in a year for violations related to forced labor, counterfeit marks, or controlled substances.

Sec. 3, Regulations on enhanced data collection: Within 180 days, the Secretary of the Treasury must issue regulations requiring documentation to help Customs determine if articles seeking the de minimis exemption are prohibited. The regulations must protect proprietary information and follow certain parameters. The Postmaster General must provide requested information for international mail shipments. Civil penalties for violating these regulations are up to $2,000 for the first violation and $5,000 for subsequent violations.

Sec. 4, Modification to the jurisdiction of the Court of International Trade: The Court of International Trade gets exclusive jurisdiction over civil actions related to petitions for removal from the covered entities list. Conforming amendments update cross-references in the law.