Bipartisan Cassidy bill would modernize America’s customs law

A bipartisan bill proposed on Dec. 7 by U.S. Sen. Bill Cassidy (R-LA) aims to update the nation’s customs laws and fight the influx of counterfeit goods into the United States. 

“U.S. laws should reflect modern trade and make sure that law enforcement has every tool necessary in a global economy,” Sen. Cassidy said. “Greater visibility in our international supply chains will lower prices for American families, help halt the flow of fentanyl, and weed out products produced with slave labor.”

Sen. Cassidy sponsored the Customs Modernization Act of 2023, S. 3431, with lead original cosponsor U.S. Sen. Sheldon Whitehouse (D-RI) to increase U.S. Customs and Border Protection’s (CBP’s) visibility into international supply chains, according to a bill summary provided by the senators.

In turn, CBP would be able to resolve data collection constraints, expand the legal use of trade data, increase supply chain accountability, improve enforcement effectiveness, and bolster information sharing among government agencies, the summary says.

Specifically, S. 3431 would expand CBP’s access to data by allowing access prior to the entry of goods and from parties throughout the supply chain, states the summary.

The bill also would clarify CBP’s authority to provide information to relevant supply chain parties when the agency has a reasonable suspicion that goods are counterfeit or otherwise illicit; and reduce uncertainty for law-abiding importers while giving CBP the tools to hold bad actors accountable.

Additionally, S. 3431 would enable CBP to collect more information on duty-free shipments under $800 to better counter illicit trade and would create an appeals process for CBP decisions on imports, among other provisions. 

“It’s been 30 years since Congress last overhauled our customs laws,” said Sen. Whitehouse. “Given the explosion of e-commerce and increasingly complex global supply chains, we’re in need of comprehensive customs modernization to better stop kleptocrats, cartels, and international criminals from moving illicit products into the United States.”

According to his staff, Sen. Cassidy also has committed to introducing a bipartisan trade facilitation framework during 2024 to improve the flow of goods across U.S. borders.