This bill adds a new section (592B) to the Tariff Act of 1930. It makes it unlawful to bring an "unauthorized electronic nicotine delivery system" (ENDS) into U.S. customs territory. The bill sets per-unit civil penalties for violations: up to $5,000 per unit for fraud, $1,000 per unit for gross negligence, and $500 per unit for negligence. Certain actions increase penalties: transshipment to evade customs or falsify country of origin can double the penalty; a second or later violation within 3 years can triple the penalty; both together can increase the penalty up to five times the base amount. Penalties for a shipment cannot exceed 1,000 percent of the shipment's estimated retail value in the United States, as determined by U.S. Customs and Border Protection (CBP). Each entry or attempted entry counts as a single violation regardless of how many units it contains. The bill makes CBP procedures for assessment, mitigation, collection, and judicial review apply to these penalties. It also says other federal agencies (for example, FDA or DOJ) can still use any other civil, criminal, or administrative remedies available under law. Definitions in the bill include how CBP will determine "estimated retail value," who counts as a "person," what counts as an "unauthorized electronic nicotine delivery system" (one not authorized under section 910 of the Federal Food, Drug, and Cosmetic Act), and what a "unit" is (device, cartridge, pod, or other discrete article). The new section applies to entries after enactment.
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