Page:United States Statutes at Large Volume 102 Part 2.djvu/210

 102 STAT. 1214

PUBLIC LAW 100-418—AUG. 23, 1988

the United States, and United States consumers, the Commission finds that such exclusion or order should not be issued. "(2) In addition to the authority of the Commission to issue a general exclusion from entry of articles when a respondent appears to contest an investigation concerning a violation of the provisions of this section, a general exclusion from entry of articles, regardless of the source or importer of the articles, may be issued if— "(A) no person appears to contest an investigation concerning a violation of the provisions of this section, and "(B) such a violation is established by substantial, reliable, and probative evidence. "(h) The Commission may by rule prescribe sanctions for abuse of discovery and abuse of process to the extent authorized by Rule 11 and Rule 37 of the Federal Rules of Civil Procedure, "(i) FORFEITURE.—

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"(1) In addition to taking action under subsection (d), the Commission may issue an order providing that any article imported in violation of the provisions of this section be seized and forfeited to the United States if— "(A) the owner, importer, or consignee of the article previously attempted to import the article into the United States; "(B) the article was previously denied entry into the United States by reason of an order issued under subsection (d); and "(C) upon such previous denial of entry, the Secretary of the Treasury provided the owner, importer, or consignee of the article written notice of^ "(i) such order, and "(ii) the seizure and forfeiture that would result from any further attempt to import the article into the United States. "(2) The Commission shall notify the Secretary of the Treasury of any order issued under this subsection and, upon receipt of such notice, the Secretary of the Treasury shall enforce such order in accordance with the provisions of this section. "(3) Upon the attempted entry of articles subject to an order issued under this subsection, the Secretary of the Treasury shall immediately notify all ports of entry of the attempted importation and shall identify the persons notified under paragraph (I)(C). "(4) The Secretary of the Treasury shall provide— "(A) the written notice described in paragraph (1)(C) to the owner, importer, or consignee of any article that is denied entry into the United States by reason of an order issued under subsection (d); and "(B) a copy of such written notice to the Commission.". (6) Subsection (k) (as redesignated by paragraph (5)(B) of this section) is amended— (A) by inserting "(1)" before the first sentence; and (B) by adding at the end the following: "(2) If any person who has previously been found by the Commission to be in violation of this section petitions the Commission for a determination that the petitioner is no longer in violation of this section or for a modification or rescission of an exclusion from entry or order under subsection (d), (e), (f), (g), or (i)—

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