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49 U.S.C. § 32309 — Civil penalty for labeling violations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** The definitions in [section 32304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32304&num=0&edition=prelim) apply to this section.
**(b) Penalties.—** A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under [section 32304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32304&num=0&edition=prelim) to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.
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Source file: Laws/federal/codes/united-states-code/title-49/section-32309-civil-penalty-for-labeling-violations--2869aa3f7b.md
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Source location: Title 49, Chapter 323, § 32309; chapter-323-consumer-information.md
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**(a) Definitions.—** The definitions in [section 32304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32304&num=0&edition=prelim) apply to this section.
**(b) Penalties.—** A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under [section 32304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32304&num=0&edition=prelim) to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) “allied supplier” means a supplier of passenger motor vehicle equipment that is wholly owned by the manufacturer, or if a joint venture vehicle assembly arrangement, a supplier that is wholly owned by one member of the joint venture arrangement.
(2)
(A) “carline”—
(i) means a name given a group of passenger motor vehicles that has a degree of commonality in construction such as body and chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished by characteristics such as roof line, number of doors, seats, or windows; and
(B) light duty trucks are different carlines than passenger motor vehicles.
(3) “country of origin”, when referring to the origin of an engine or transmission, means the country from which the largest share of the dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate countries; and
(B) the estimate of the percentage of the dollar value shall be based on the purchase price of direct materials, as received at individual engine or transmission plants, of engines of the same displacement and transmissions of the same transmission type, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions.
(4) “dealer” means a person residing or located in the United States, including the District of Columbia or a territory or possession of the United States, and engaged in selling or distributing new passenger motor vehicles to the ultimate purchaser.
(5) “final assembly place” means the plant, factory, or other place at which a new passenger motor vehicle is produced or assembled by a manufacturer, and from which
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32304
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 937
TITLE 49—TRANSPORTATION
§ 32310
(4) The Government may deduct the amount of
a civil penalty imposed or compromised under
this section from amounts it owes the person
liable for the penalty.
(c) SECTION 32304A.—Any person who fails to
comply with the national tire fuel efficiency in-
formation program under section 32304A is liable
to the United States Government for a civil pen-
alty of not more than $50,000 for each violation.
(d) CIVIL ACTIONS TO ENFORCE.—(1) The Attor-
ney General may bring a civil action in a United
States district court to enjoin a violation of
subsection (a) of this section.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action
under this subsection is planned;
(B) give the person an opportunity to
present that person’s views; and
(C) give the person a reasonable opportunity
to comply.
(3) The failure of the Secretary to comply with
paragraph (2) of this subsection does not prevent
a court from granting appropriate relief.
(e) VENUE AND SERVICE.—A civil action under
this section may be brought in the judicial dis-
trict in which the violation occurred or the de-
fendant is found, resides, or does business. Proc-
ess in the action may be served in any other ju-
dicial district in which the defendant resides or
is found. A subpena for a witness in the action
may be served in any judicial district.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1041;
Pub. L. 110–140, title I, § 111(b), Dec. 19, 2007, 121
Stat. 1507.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32308(a) ......
15:1946.
Oct. 20, 1972, Pub. L. 92–513,
§§ 206–208, 86 Stat. 959.
32308(b)(1) ..
15:1948(a).
32308(b)
(2)–(4).
15:1948(b).
32308(c) ......
15:1947 (1st–3
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 32309
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.