Page:United States Statutes at Large Volume 102 Part 2.djvu/308

 102 STAT. 1312

PUBLIC LAW 100-418—AUG. 23, 1988

Subtitle H—Miscellaneous Customs, Trade, and Other Provisions PART 1—CUSTOMS PROVISIONS SEC. 1901. ENFORCEMENT OF THE RESTRICTIONS AGAINST IMPORTED PORNOGRAPHY.

Courts, U.S. 19 USC 1305 "<**«•

(a) IN GENERAL.—Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305) is amended as follows: (1) The second paragraph of subsection (a) is designated as subsection (b) and the following side heading, appropriately indented, is inserted before "Upon" at the be^ginning of the paragraph: "Ob) ENFORCEMENT PROCEDURES.—". (2) The second sentence of subsection Qji) (as redesignated by paragraph (1)) is amended to read as follows: "Upon the seizure of such book or matter, such customs officer shall transmit information thereof to the United States attorney of the district in which is situated either— "(1) the office at which such seizure took place; or "(2) the place to which such book or matter is addressed; and the United States attorney shall institute proceedings in the district court for the forfeiture, confiscation, and destruction of the book or matter seized.". (3) The following new subsections are added at the end thereof: "(c) Notwithstanding the provisions of subsections (a) and (b), whenever a customs officer discovers any obscene material after such material has been imported or brought into the United States, or attempted to be imported or brought into the United States, he may refer the matter to the United States attorney for the institution of forfeiture proceedings under this section. Such proceeding shall begin no more than 30 days after the time the material is seized; except that no seizure or forfeiture shall be invalidated for delay if the claimant is responsible for extending the action beyond the allowable time limits or if proceedings are postponed pending the consideration of constitutional issues. "(d) Upon motion of the United States, a court shall stay such civil forfeiture proceedings commenced under this section pending the completion of any related criminal matter.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 1902. TARE ON CRUDE OIL AND PETROLEUM PRODUCTS.

(a) IN GENERAL.—Section 507 of the Tariff Act of 1930 (19 U.S.C. 1507) is amended— (1) by striking out "The Secretary" and inserting in lieu thereof "(a) IN GENERAL.—The Secretary", (2) by striking out "in no case shall there be" and inserting in lieu thereof "(except as otherwise provided in this section) there shall not be", and (3) by adding at the end thereof the following new subsection: "(b) CRUDE OIL AND PETROLEUM PRODUCTS.—In ascertaining tare on imports of crude oil, and on imports of petroleum products.

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