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19 U.S.C. § 1683f — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** It shall be unlawful for any person to import into the United States softwood lumber or softwood lumber products in knowing violation of this subtitle.
**(b) Civil penalties** Any person who commits an unlawful act as set forth in subsection (a) shall be liable for a civil penalty not to exceed $10,000 for each knowing violation.
**(c) Other penalties** In addition to the penalties provided for in subsection (b), any violation of this subtitle that violates any other customs law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such custom law or title 18, with respect to the importation of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim).
**(d) Factors to consider in assessing penalties** In determining the amount of civil penalties to be assessed under this section, consideration shall be given to any history of prior violations of this subtitle by the person, the ability of the person to pay the penalty, the seriousness of the violation, and such other matters as fairness may require.
**(e) Notice** No penalty may be assessed under this section against a person for violating a provision of this subtitle unless the person is given notice and opportunity to make statements, both oral and written, with respect to such violation.
**(f) Exception** Notwithstanding any other provision of this subtitle, and without limitation, an importer shall not be found to have violated subsection 11 So in original. Probably should be “section”. 1683a(c) of this title if—
(1) the importer made an appropriate inquiry in accor
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Stable record: federal_law:legal_authorities:record_usc_3d9274254835c351ace320e8
Source file: Laws/federal/codes/united-states-code/title-19/section-1683f-penalties--1531b02fcd.md
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Source location: Title 19, Chapter 4, § 1683f; chapter-004-tariff-act-of-1930.md
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**(a) In general** It shall be unlawful for any person to import into the United States softwood lumber or softwood lumber products in knowing violation of this subtitle.
**(b) Civil penalties** Any person who commits an unlawful act as set forth in subsection (a) shall be liable for a civil penalty not to exceed $10,000 for each knowing violation.
**(c) Other penalties** In addition to the penalties provided for in subsection (b), any violation of this subtitle that violates any other customs law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such custom law or title 18, with respect to the importation of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim).
**(d) Factors to consider in assessing penalties** In determining the amount of civil penalties to be assessed under this section, consideration shall be given to any history of prior violations of this subtitle by the person, the ability of the person to pay the penalty, the seriousness of the violation, and such other matters as fairness may require.
**(e) Notice** No penalty may be assessed under this section against a person for violating a provision of this subtitle unless the person is given notice and opportunity to make statements, both oral and written, with respect to such violation.
**(f) Exception** Notwithstanding any other provision of this subtitle, and without limitation, an importer shall not be found to have violated subsection 11 So in original. Probably should be “section”. 1683a(c) of this title if—
(1) the importer made an appropriate inquiry in accordance with [section 1683a(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a/c/1&num=0&edition=prelim) with respect to the declaration;
(2) the importer produces records maintained pursuant to [section 1683e(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683e/b&num=0&edition=prelim) that substantiate the declaration; and
(3) there is not substantial evidence indicating that the importer knew that the fact to which the importer made the declaration was false.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
(2) **Country of export** — The term “country of export” means the country (including any political subdivision of the country) from which softwood lumber or a softwood lumber product is exported before entering the United States.
(3) **Customs laws of the United States** — The term “customs laws of the United States” means any law or regulation enforced or administered by U.S. Customs and Border Protection.
(4) **Export charges** — The term “export charges” means any tax, charge, or other fee collected by the country from which softwood lumber or a softwood lumber product, described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim), is exported pursuant to an international agreement entered into by that country and the United States.
(5) **Export price**
(A) *In general* — The term “export price” means one of the following:
(i) In the case of softwood lumber or a softwood lumber product that has undergone only primary processing, the value that would be determined F.O.B. at the facility where the product underwent the last primary processing before export.
(ii)
(I) In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the lumber or product underwent the last primary processing.
(II) Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that underwent the last remanufacturing before expo
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of program**
(1) **In general** — The President shall establish and maintain an importer declaration program with respect to the importation of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim). The importer declaration program shall require importers of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim) to provide the information required under subsection (b) and declare the information required by subsection (c), and require that such information accompany the entry summary documentation.
(2) **Electronic record** — The President shall establish an electronic record that includes the importer information required under subsection (b) and the declarations required under subsection (c).
**(b) Required information** The President shall require the following information to be submitted by any person seeking to import softwood lumber or softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim):
(1) The export price for each shipment of softwood lumber or softwood lumber products.
(2) The estimated export charge, if any, applicable to each shipment of softwood lumber or softwood lumber products as calculated by applying the percentage determined and published by the Under Secretary for International Trade of the Department of Commerce pursuant to [section 1683c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Semiannual reports** Not later than 180 days after the effective date of this subtitle, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report—
(1) describing the reconciliations conducted under [section 1683d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683d&num=0&edition=prelim),11 So in original. Comma probably should not appear. and the verifications conducted under [section 1683e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683e&num=0&edition=prelim);
(2) identifying the manner in which the United States importers subject to reconciliations conducted under [section 1683d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683d&num=0&edition=prelim) and verifications conducted under [section 1683e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683e&num=0&edition=prelim) were chosen;
(3) identifying any penalties imposed under [section 1683f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683f&num=0&edition=prelim);
(4) identifying any patterns of noncompliance with this subtitle; and
(5) identifying any problems or obstacles encountered in the implementation and enforcement of this subtitle.
**(b) Subsidies reports** Not later than 180 days after June 18, 2008, and every 180 days thereafter, the Secretary of Commerce shall provide to the appropriate congressional committees a report on any subsidies on softwood lumber or softwood lumber products, including stumpage subsidies, provided by countries of export.
**(c) GAO reports** The Comptroller General of the United States shall s
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Federal law — U.S. Code and appendices · legal_authorities
Page 432
TITLE 19—CUSTOMS DUTIES
§ 1683e
1 See References in Text note below.
1 So in original. Probably should be ‘‘section’’.
lated as meaning the section 803 of act June 17, 1930, as
added by section 3301(a) of Pub. L. 110–246, to reflect the
probable intent of Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 60 days after June 18, 2008, see sec-
tion 3301(b) of Pub. L. 110–246, set out as a note under
section 1683 of this title.
§ 1683e. Verification
(a) In general
The Secretary of Treasury shall periodically
verify the declarations made by a United States
importer pursuant to section 1683a(c) of this
title, including by determining whether—
(1) the export price declared by a United
States importer pursuant to section 1683a(b)(1)
of this title is the same as the export price
provided on the export permit, if any, issued
by the country of export; and
(2) the estimated export charge declared by
a United States importer pursuant to section
1683a(b)(2) of this title is consistent with the
determination published by the Under Sec-
retary for International Trade pursuant to
section 1683c(b) of this title.
(b) Examination of books and records
(1) In general
Any record relating to the importer declara-
tion program required under section 1683a of
this title shall be treated as a record required
to be maintained and produced under title V of
this Act.1
(2) Examination of records
The Secretary of the Treasury is authorized
to take such action, and examine such records,
under section 1509 of this title, as the Sec-
retary determines necessary to verify the dec-
larations made pursuant to section 1683a(c) of
this title are true and accurate.
(June 17, 1930, ch. 497, title VIII, § 807, as added
Pub. L. 110–24
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1683f
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