19 U.S.C. § 1592a — Special provisions regarding certain vio-

Page 284 TITLE 19—CUSTOMS DUTIES § 1592a section (e) of section 592 of the Tariff Act of 1930 as added by subsection (a)) [subsecs. (a), (b), and (c), not including (e) of this section] shall be effective with re- spect to proceedings commenced after the 89th day after the date of enactment of this Act [Oct. 3, 1978]. ‘‘(B) Except as provided in subparagraph (C), section 592 of the Tariff Act of 1930 [this section] (as such sec- tion existed on the day before the date of enactment of this Act) [Oct. 3, 1978] shall apply to any alleged inten- tional violation thereof involving television receivers that are the product of Japan and that were or are the subject of antidumping proceedings if the alleged inten- tional violation— ‘‘(i) occurred before the date of enactment of this Act, and ‘‘(ii) was the subject of an investigation by the Cus- toms Service which was begun before the date of en- actment of this Act. ‘‘(C) Except as provided in the next sentence, sub- section (e) of section 592 of the Tariff Act of 1930 (as added by subsection (a)) [subsec. (e) of this section] shall be effective on the date of enactment of this Act [Oct. 3, 1978]. Notwithstanding any provision of law, in any proceeding in a United States district court com- menced by the United States pursuant to section 604 of the Tariff Act of 1930 [section 1604 of this title] for the recovery of any monetary penalty claimed under sec- tion 592 of such Act [this section] for an alleged inten- tional violation described in subparagraph (B)— ‘‘(i) all issues, including the amount of the penalty, shall be tried de novo; and ‘‘(ii) the United States shall have the burden of proof to establish such violation by a preponderance of the evidence. ‘‘(2)(A) The amendment made by subsection (e) [to section 1621 of this title] shall apply with respect to al- leged violations of section 592 of the Tariff Act of 1930 [this section] resulting from gross negligence or neg- ligence which are committed on or after the date of the enactment of this Act [Oct. 3, 1978]. ‘‘(B) In the case of any alleged violation of such sec- tion 592 [this section] resulting from gross negligence or negligence which was committed before the date of the enactment of this Act [Oct. 3, 1978] and for which no suit or action for recovery was commenced before such date of enactment, no suit or action for recovery with respect to such alleged violation shall be insti- tuted after— ‘‘(i) the closing date of the 5-year period beginning on the date on which the alleged violation was com- mitted, or ‘‘(ii) the closing date of the 2-year period beginning on such date of enactment, whichever date later occurs, except that no such suit or action may be instituted after the date on which such suit or action would have been barred under section 621 of the Tariff Act of 1930 [section 1621 of this title] (as in effect on the day before such date of enactment).’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1592a. Special provisions regarding certain vio- lations (a) Publication of names of certain violators (1) Publication The Secretary of the Treasury is authorized to publish in the Federal Register a list of the name of any producer, manufacturer, supplier, seller, exporter, or other person located out- side the customs territory of the United States— (A) against whom the Customs Service has issued a penalty claim under section 1592 of this title, and (B) if a petition with respect to that claim has been filed under section 1618 of this title, against whom a final decision has been issued under such section after exhaustion of administrative remedies, citing any of the violations of the customs laws referred to in paragraph (2). Such list shall be published not later than March 31 and September 30 of each year. (2) Violations The violations of the customs laws referred to in paragraph (1) are the following: (A) Using documentation, or providing documentation subsequently used by the im- porter of record, which indicates a false or fraudulent country of origin or source of tex- tile or apparel products. (B) Using counterfeit visas, licenses, per- mits, bills of lading, or similar documenta- tion, or providing counterfeit visas, licenses, permits, bills of lading, or similar docu- mentation that is subsequently used by the importer of record, with respect to the entry into the customs territory of the United States of textile or apparel products. (C) Manufacturing, producing, supplying, or selling textile or apparel products which are falsely or fraudulently labelled as to country of origin or source. (D) Engaging in practices which aid or abet the transshipment, through a country other than the country of origin, of textile or apparel products in a manner which con- ceals the true origin of the textile or apparel products or permits the evasion of quotas on, or voluntary restraint agreements with respect to, imports of textile or apparel products. (3) Removal from list Any person whose name has been included in a list published under paragraph (1) may peti- tion the Secretary to be removed from such list. If the Secretary finds that such person has not committed any violations described in paragraph (2) for a period of not less than 3 years after the date on which the person’s name was so published, the Secretary shall re- move such person from the list as of the next publication of the list under paragraph (1). (4) Reasonable care required for subsequent imports (A) Responsibility of importers and others After the name of a person has been pub- lished under paragraph (1), the Secretary of Page 285 TITLE 19—CUSTOMS DUTIES § 1593a the Treasury shall require any importer of record entering, introducing, or attempting to introduce into the commerce of the United States textile or apparel products that were either directly or indirectly pro- duced, manufactured, supplied, sold, ex- ported, or transported by such named person to show, to the satisfaction of the Secretary, that such importer has exercised reasonable care to ensure that the textile or apparel products are accompanied by documenta- tion, packaging, and labelling that are accu- rate as to its origin. Such reasonable care shall not include reliance solely on a source of information which is the named person. (B) Failure to exercise reasonable care If the Customs Service determines that merchandise is not from the country claimed on the documentation accom- panying the merchandise, the failure to ex- ercise reasonable care described in subpara- graph (A) shall be considered when the Cus- toms Service determines whether the im- porter of record is in violation of section 1484(a) of this title. (b) List of high risk countries (1) List The President or his designee, upon the ad- vice of the Secretaries of Commerce and Treasury, and the heads of other appropriate departments and agencies, is authorized to publish a list of countries in which illegal ac- tivities have occurred involving transshipped textile or apparel products or activities de- signed to evade quotas of the United States on textile or apparel products, if those countries fail to demonstrate a good faith effort to co- operate with United States authorities in ceasing such activities. Such list shall be pub- lished in the Federal Register not later than March 31 of each year. Any country that is on the list and that subsequently demonstrates a good faith effort to cooperate with United States authorities in ceasing illegal activities described in the first sentence shall be re- moved from the list, and such removal shall be published in the Federal Register as soon as practicable. (2) Reasonable care required for subsequent imports (A) Responsibility of importers of record The Secretary of the Treasury shall re- quire any importer of record entering, intro- ducing, or attempting to introduce into the commerce of the United States textile or ap- parel products indicated, on the documenta- tion, packaging, or labelling accompanying such products, to be from any country on the list published under paragraph (1) to show, to the satisfaction of the Secretary, that such importer, consignee, or purchaser has exercised reasonable care to ascertain the true country of origin of the textile or apparel products. (B) Failure to exercise reasonable care If the Customs Service determines that merchandise is not from the country claimed on the documentation accom- panying the merchandise, the failure to ex- ercise reasonable care described in subpara- graph (A) shall be considered when the Cus- toms Service determines whether the im- porter of record is in violation of section 1484(a) of this title. (3) ‘‘Country’’ defined For purposes of this subsection, the term ‘‘country’’ means a foreign country or terri- tory, including any overseas dependent terri- tory or possession of a foreign country. (June 17, 1930, ch. 497, title IV, § 592A, as added Pub. L. 103–465, title III, § 333, Dec. 8, 1994, 108 Stat. 4947; amended Pub. L. 104–295, § 20(c)(3), Oct. 11, 1996, 110 Stat. 3528.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(3). Pub. L. 104–295 substituted ‘‘list under paragraph (1)’’ for ‘‘list under paragraph (2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 335 of Pub. L. 103–465, set out as a note under section 3591 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1593. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section, act June 17, 1930, ch. 497, title IV, § 593, 46 Stat. 751, related to smuggling and clandestine impor- tations. See section 545 of Title 18, Crimes and Criminal Procedure. § 1593a. Penalties for false drawback claims (a) Prohibition (1) General rule No person, by fraud, or negligence— (A) may seek, induce or affect, or attempt to seek, induce, or affect, the payment or credit to that person or others of any draw- back claim by means of— (i) any document, written or oral state- ment, or electronically transmitted data or information, or act which is material and false, or (ii) any omission which is material; or (B) may aid or abet any other person to violate subparagraph (A). (2) Exception Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part