19 U.S.C. § 1593 — Repealed. June 25, 1948, ch. 645, § 21, 62

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