2019 US Code
Title 19 - Customs Duties
Chapter 4 - Tariff Act of 1930
Subtitle VI - Softwood Lumber
Sec. 1683f - Penalties

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Citation 19 U.S.C. § 1683f (2019)
Section Name §1683f. Penalties
Section Text (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 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.)

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.

EFFECTIVE DATE

Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.

Footnotes

1 So in original. Probably should be "section".

Publication Title United States Code, 2018 Edition, Supplement 1, Title 19 - CUSTOMS DUTIES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 19 - CUSTOMS DUTIES
CHAPTER 4 - TARIFF ACT OF 1930
SUBTITLE VI - SOFTWOOD LUMBER
Sec. 1683f - Penalties
Contains section 1683f
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law No
Disposition standard
Statutes at Large References 122 Stat. 1852
Public Law References Public Law 110-246
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