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# Summary of S. 3431, Customs Modernization Act of 2023 This bill modernizes U.S. customs enforcement by expanding U.S. Customs and Border Protection (CBP) authorities to collect information, enforce trade laws, and streamline import and export processes. The legislation affects importers, exporters, freight companies, online marketplaces, and customs brokers involved in international trade. The bill requires importers to provide advance electronic filing and documentation before goods arrive, allows CBP to demand records from a broader range of parties including e-commerce platforms and freight forwarders, and strengthens enforcement against counterfeit goods and copyright infringement. It imposes civil penalties ranging from $5,000 to $10,000 for filing violations and expands CBP's authority to seize and forfeit merchandise without lengthy legal proceedings for items valued under $800 or claimed under certain exemptions. The legislation revises penalties for customs violations by replacing "gross negligence" standards with clearer fraud and negligence definitions, expands liability for those who facilitate illegal imports or exports, and creates new penalties for obstructing CBP investigations. It also modifies bonding requirements, allows CBP to deny entry to goods from suspended or debarred persons, and streamlines procedures for handling detained merchandise subject to duty exemptions. Additionally, the bill makes administrative improvements such as allowing electronic communications between CBP and traders, clarifying what vessel and aircraft manifest information is public, and protecting personal identifying information. The changes take effect 30 days after enactment, with no new funding explicitly authorized in the bill.

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