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John Spratt introduces TESA to help textile industry

27 May '10
5 min read

• Directs Customs to assign staff to three CAFTA-DR countries and to the People's Republic of China for purposes of customs services and preference verification.

Establishes a Nonresident Importer Program which mandates that nonresident importers:

-Identify a resident agent in the state which the port of entry is located and who is authorized to accept service of process.
-Certify that the resident agent has assets in the United States in sufficient amounts for ensuring payment of any loss of revenue not covered by the bond or for civil penalties.
-Provide a copy of the commercial invoice accompanying the shipment that includes name, address, and contact information for each person in the transaction such as trading house, freight forwarder, and the ultimate purchaser of goods.
-Declare a secured bond and established a power of attorney.

• Establishes an Office of Textile and Apparel Trade Enforcement within the Department of Justice to carry out all the functions relating to enforcement cases.

• Provides Customs with expanded authority to seize goods imported from Trade Preference Areas. Currently, these goods can only be penalized.

• Broadens scope of entities to hold all parties in the supply chain accountable for intentionally undervalued transactions (not just the importer of record) in order to collect revenue or assess penalties.

• Applies penalties to importer who provide false information, such that the articles are subject to seizure and forfeiture.

• Increases bond requirements to include amounts equal to any duties, fee, and estimated penalties. Bond amounts are based off a formula of taxes and fees paid annually, which does not take into account risk assessment. This provision provides CBP the authority to modify these amounts based on assessment.

• Requires additional information on affidavits to help decrease use of 'blanket' affidavits including 'date of sale or shipment' and 'container number and bill of lading'

• Mandates the government to publish names of companies that intentionally violate the rules of trade agreements.

• “This bill will help protect the American textile industry and the thousands of jobs it still provides,” Spratt said. “I am all for it.”

United States House of Representatives

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