Import Security and Fairness Act

This bill excludes imported articles from nonmarket economy countries or countries on the Priority Watch List from receiving de minimis treatment. (Current law allows for imports under a de minimis threshold to enter the United States free of tariffs and taxes with minimal inspection. In 2016, Congress raised this threshold from $200 to $800.)

Under current law, a nonmarket economy country is any foreign country that the Department of Commerce determines does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise. There are currently 12 countries (e.g., China and Russia) that Commerce has designated as nonmarket economy countries. This bill prohibits imports from receiving de minimis treatment if those imports are from nonmarket economy countries.

Additionally, under current law, the Office of the U.S. Trade Representative must annually review and report on foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. There are currently seven counties (e.g., Argentina and Indonesia) on this list, known as the Priority Watch List. This bill prohibits imports from receiving de minimis treatment if those imports are from countries on the Priority Watch List.

The bill also directs U.S. Customs and Border Protection to collect additional information on merchandise that may qualify for de minimis treatment and establishes requirements related to detained merchandise.