To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Sharing of information with respect to suspected violations of intellectual property rights
Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking suspects
and inserting has a reasonable suspicion
;
(B)
in paragraph (1)—
(i)
by inserting , packing materials, containers,
after its packaging
the first place it appears;
(ii)
by striking and its packaging and labels
after images of the merchandise
and inserting , its packaging, packing materials, containers, and labels
; and
(iii)
by striking ; and
and inserting a semicolon;
(C)
in paragraph (2), by striking the period and inserting a semicolon; and
(D)
by adding at the end the following:
(3)
may provide to the person nonpublic information about the merchandise that was generated by an online marketplace or other similar market platform, express consignment operator, freight forwarder, or any other entity that plays a role in the sale or importation of merchandise, or the facilitation thereof, into the United States that has been provided to, shared with, or obtained by U.S. Customs and Border Protection; and
(4)
in the case of the provision of nonpublic information described in paragraph (3), shall provide to the person notification of the information transmitted, in accordance with such regulations as the Secretary may prescribe.; and
(2)
in subsection (b)—
(A)
in paragraph (3), by striking ; and
and inserting a semicolon;
(B)
in paragraph (4), by striking the period and inserting ; and
; and
(C)
by adding at the end the following:
(5)
any other party with an interest in the merchandise, as determined appropriate by the Commissioner.