19 U.S.C. § 1683f — Penalties

submitted 96 years ago by Pub. L. 110-246 to r/title-19-CUSTOMS-DUTIES · 319 words · no verdicts yet

in plain englishAI-generated · not legal advice

Knowingly importing covered lumber in violation of the subtitle is unlawful. A person who commits such an unlawful act is liable for a civil penalty of up to $10,000 for each knowing violation. Other customs penalties may also apply, subject to the listed fairness factors and notice requirements.

(a) It is unlawful to knowingly import covered softwood lumber in violation of this subtitle. (b) Any person who commits an unlawful act under subsection (a) is liable for a civil penalty of up to $10,000 for each knowing violation. (c) If the violation also violates another U.S. customs law, all applicable civil and criminal penalties under that law or title 18 may apply, including seizure and forfeiture. (d) The penalty amount must take account of prior violations, ability to pay, seriousness, and other matters fairness requires. (e) No penalty may be assessed unless the person receives notice and an opportunity to make oral and written statements. (f) An importer is not found to have violated the declaration requirement if the importer made the required inquiry, produces records substantiating the declaration, and substantial evidence does not show the importer knew the declared fact was false.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

(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 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 maintained pursuant to section 1683e(b) of this title 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.

Source credit: (June 17, 1930, ch. 497, title VIII, § 808, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.)

history & why it existsrecord from the source credit

1930Enacted · Pub. L. 110-246 · 122 Stat. 1852

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-246 on 1930-06-17.

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