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H.R. 1453House118th Congress (2023-2025)In Committee

Customs Business Fairness Act of 2023

Sponsored by Andrew R. GarbarinoRep. Andrew R. Garbarino (R-NY)
Introduced March 8, 2023

AI-Generated Summary

Updated January 20, 2026 at 4:34 AM UTC

The Customs Business Fairness Act of 2023 changes bankruptcy law so that the United States can fully exercise subrogation rights, including priority claims, for unpaid customs duties. It amends Title 11, Section 507(d) to exclude a specific subparagraph, giving the government a stronger claim in bankruptcy cases. The change applies to new cases after the law’s enactment and affects businesses that owe customs duties and the federal government.

Key Provisions

  • Amends Section 507(d) of Title 11 by inserting the phrase “excluding subparagraph (F)” after “(a)(8)”, allowing full subrogation for customs duty claims.
  • Sets the amendment’s effective date as the date of enactment, but does not apply to bankruptcy cases that began before the law took effect.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 8, 2023

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HouseIntro Referral

Introduced in House

March 8, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 8, 2023

Bill Text

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Introduced in HouseIssued March 8, 2023

I

118th CONGRESS

1st Session

H. R. 1453

IN THE HOUSE OF REPRESENTATIVES

March 8, 2023

Mr. Garbarino (for himself, Mr. Meeks, Mr. Bacon, and Mrs. McBath) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 11 of the United States Code, to allow full subrogation, including subrogation to the priority rights of the United States, of claims for the payment of customs duties.

1.

Short title

This Act may be cited as the Customs Business Fairness Act of 2023.

2.

Amendment

Section 507(d) of title 11, United States Code, is amended by inserting excluding subparagraph (F) after (a)(8).

3.

Effective date; application of amendment

(a)

Effective date

Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act.

(b)

Application of amendment

The amendment made by this Act shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.