The bill improves customs' ability to share nonpublic importation data and broadens who can receive it—helping rights holders and importers detect counterfeits and speed dispute resolution—while increasing the risk that sensitive business information will be disclosed under broad discretion, raising costs and privacy concerns for small businesses and other importers.
Small businesses, rights holders, sellers, insurers, and financial institutions can obtain more detailed nonpublic importation and commercial data from marketplaces, freight forwarders, and consignment operators to investigate counterfeits and authenticity issues and resolve disputes faster.
Importers and small businesses gain stronger privacy and proprietary-sample protections because Customs must meet a 'reasonable suspicion' evidentiary threshold before permitting third‑party examination or testing.
Allowing disclosure to 'any other party with an interest' can speed administrative resolution by enabling broader stakeholder participation (e.g., insurers, sellers) in disputes over seized or inspected goods.
Small businesses, importers, and financial institutions risk exposure of sensitive commercial information (sales volumes, sourcing, pricing) to competitors or third parties, which can increase legal and compliance costs and prompt costly litigation or misuse of proprietary data.
Broad discretionary authority for the Commissioner to share information with 'any other party' could produce inconsistent or overbroad disclosures and weaken confidentiality protections for importers and sellers.
Based on analysis of 2 sections of legislative text.
Requires 'reasonable suspicion' before third-party inspections, allows CBP to share nonpublic commercial/import data, and broadens who may receive that information.
Raises the evidentiary threshold CBP must meet before allowing third parties to examine or test imported merchandise from "mere suspicion" to "reasonable suspicion." Expands the kinds of information Customs and Border Protection may share to include nonpublic commercial and importation data (for example, data from online marketplaces, express consignment operators, and freight forwarders). Also broadens who may receive shared information to include any private party with an interest in the merchandise if the Commissioner of CBP determines it appropriate.
Introduced August 8, 2025 by Blake D. Moore · Last progress April 28, 2026