2012 US Code
Title 19 - Customs Duties
Chapter 12 - TRADE ACT OF 1974 (§§ 2101 - 2497b)
Subchapter II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION (§§ 2251 - 2401g)
Part 3 - Adjustment Assistance for Firms (§§ 2341 - 2356)
Section 2349 - Penalties

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Metadata
Publication TitleUnited States Code, 2012 Edition, Title 19 - CUSTOMS DUTIES
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 19 - CUSTOMS DUTIES
CHAPTER 12 - TRADE ACT OF 1974
SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
Part 3 - Adjustment Assistance for Firms
Sec. 2349 - Penalties
Containssection 2349
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawNo
Dispositionstandard
Source CreditPub. L. 93-618, title II, §257, formerly §259, Jan. 3, 1975, 88 Stat. 2034; renumbered §257 and amended Pub. L. 111-5, div. B, title I, §§1864(a)(2), 1865, Feb. 17, 2009, 123 Stat. 397, 399; Pub. L. 112-40, title II, §201(b), (c), Oct. 21, 2011, 125 Stat. 403.
Statutes at Large References88 Stat. 2034
123 Stat. 397
125 Stat. 403
Public Law ReferencesPublic Law 93-618, Public Law 111-5, Public Law 112-40

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Adjustment Assistance for Firms - 19 U.S.C. § 2349 (2012)
§2349. Penalties

Any person who—

(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or willfully overvalues any security, for the purpose of influencing in any way a determination under this part, or for the purpose of obtaining money, property, or anything of value under this part, or

(2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under this part,


shall be imprisoned for not more than 2 years, or fined under title 18, or both.

(Pub. L. 93–618, title II, §257, formerly §259, Jan. 3, 1975, 88 Stat. 2034; renumbered §257 and amended Pub. L. 111–5, div. B, title I, §§1864(a)(2), 1865, Feb. 17, 2009, 123 Stat. 397, 399; Pub. L. 112–40, title II, §201(b), (c), Oct. 21, 2011, 125 Stat. 403.)

Reversion to Provisions in Effect on February 13, 2011

For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes below.

Codification

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival note below.

Prior Provisions

A prior section 257 of Pub. L. 93–618 was classified to section 2347 of this title, prior to being temporarily repealed by Pub. L. 111–5 and Pub. L. 112–40.

Amendments

2011—Pub. L. 112–40, §§201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

2009—Pub. L. 111–5, §§1865, 1893, temporarily amended section generally. Prior to amendment, text read as follows: “Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way a determination under this part, or for the purpose of obtaining money, property, or anything of value under this part, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Effective and Termination Dates of 2011 Revival

For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Effective and Termination Dates of 2009 Amendment

Amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of Pub. L. 111–5, set out as an Effective and Termination Dates note under section 2344 of this title.

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above.

Termination Date

Except as otherwise provided, technical assistance and grants may not be provided under this section after Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.

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