19 U.S.C. § 1683f — Penalties

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. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.) Editorial Notes REFERENCES IN TEXT Section 1683a, referred to in text, was in the original section ‘‘803’’, and was translated as meaning the sec- tion 803 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to reflect the probable intent of Con- gress. This Act, referred to in subsec. (b)(1), is act June 17, 1930, ch. 497, 46 Stat. 590, known as the Tariff Act of 1930, which is classified generally to this chapter. The Act does not contain a title V. For complete classifica- tion of this Act to the Code, see section 1654 of this title and Tables. 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. § 1683f. Penalties (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 cus- tom law or title 18, with respect to the importa- tion of softwood lumber and softwood lumber products described in section 1683b(a) of this title. (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 op- portunity 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 1 1683a(c) of this title if— (1) the importer made an appropriate inquiry in accordance with section 1683a(c)(1) of this title with respect to the declaration; (2) the importer produces records main- tained pursuant to section 1683e(b) of this title that substantiate the declaration; and (3) there is not substantial evidence indi- cating that the importer knew that the fact to which the importer made the declaration was false. (June 17, 1930, ch. 497, title VIII, § 808, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.) Editorial Notes REFERENCES IN TEXT Section 1683a of this title, referred to in subsec. (f), was in the original section ‘‘803’’, and was translated 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. Page 433 TITLE 19—CUSTOMS DUTIES § 1701 1 So in original. Comma probably should not appear. 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. § 1683g. Reports (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,1 and the verifications conducted under section 1683e of this title; (2) identifying the manner in which the United States importers subject to reconcili- ations conducted under section 1683d of this title and verifications conducted under section 1683e of this title were chosen; (3) identifying any penalties imposed under section 1683f of this title; (4) identifying any patterns of noncompli- ance with this subtitle; and (5) identifying any problems or obstacles en- countered in the implementation and enforce- ment of this subtitle. (b) Subsidies reports Not later than 180 days after June 18, 2008, and every 180 days thereafter, the Secretary of Com- merce shall provide to the appropriate congres- sional committees a report on any subsidies on softwood lumber or softwood lumber products, including stumpage subsidies, provided by coun- tries of export. (c) GAO reports The Comptroller General of the United States shall submit the following reports to the appro- priate congressional committees: (1) Not later than 18 months after June 18, 2008, a report on the effectiveness of the rec- onciliations conducted under section 1683d of this title,1 and verifications conducted under section 1683e of this title. (2) Not later than 12 months after June 18, 2008, a report on whether countries that export softwood lumber or softwood lumber products to the United States are complying with any international agreements entered into by those countries and the United States. (June 17, 1930, ch. 497, title VIII, § 809, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.) Editorial Notes REFERENCES IN TEXT For the effective date of this subtitle, referred to in subsec. (a), see section 3301(b) of Pub. L. 110–246, set out as an Effective Date note under section 1683 of this title. 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. CHAPTER 5—SMUGGLING Sec. 1701. Customs-enforcement area. 1702. Repealed. 1703. Seizure and forfeiture of vessels. 1704. Refusal or revocation of registry, enrollment, license or number on evidence that vessel engaging in smuggling; appeal; immunity from liability. 1705. Destruction of forfeited vessel or vehicle. 1706. Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evi- dence of foreign origin of merchandise. 1706a. Civil penalties for trading without required certificate of documentation. 1707, 1708. Repealed. 1709. Definitions 1710. Separability. 1711. Citation of chapter. § 1701. Customs-enforcement area (a) Establishment; extent and duration; enforce- ment of laws applicable to waters adjacent to customs waters Whenever the President finds and declares that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that, by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful in- troduction or removal into or from the United States of any merchandise or person is being or may be occasioned, promoted, or threatened, the place or area so found and declared shall con- stitute a customs-enforcement area for the pur- poses of this Act. Only such waters on the high seas shall be within a customs-enforcement area as the President finds and declares are in such proximity to such vessel or vessels that such un- lawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels. No customs-enforcement area shall include any waters more than one hundred nautical miles from the place or imme- diate area where the President declares such vessel or vessels are hovering or are being kept and, notwithstanding the foregoing provision, shall not include any waters more than fifty nautical miles outwards from the outer limit of customs waters. Whenever the President finds that, within any customs-enforcement area, the circumstances no longer exist which gave rise to the declaration of such area as a customs-en- forcement area, he shall so declare, and there- after, and until a further finding and declaration is made under this subsection with respect to waters within such area, no waters within such area shall constitute a part of such customs-en- forcement area. The provisions of law applying to the high seas adjacent to customs waters of the United States shall be enforced in a cus- toms-enforcement area upon any vessel, mer- chandise, or person found therein. (b) Boarding vessels; arrest and seizure; compli- ance with treaty provisions; authority of Sec- retary of Commerce unaffected At any place within a customs-enforcement area the several officers of the customs may go on board of any vessel and examine the vessel and any merchandise or person on board, and