Page:United States Statutes at Large Volume 102 Part 2.djvu/860

 102 STAT. 1864

PUBLIC LAW 100-449—SEPT. 28, 1988

SEC. 205. ENFORCEMENT. Records.

Fraud.

(a) CERTIFICATIONS OF ORIGIN.—

(1) Any person that certifies in writing that goods exported to Canada meet the rules of origin under section 202 of the United States-Canada Free-Trade Agreement Implementation Act of 1988 shall provide, upon request by any customs official, a copy of that certification. (2) Any person that fails to provide a copy of a certification requested under paragraph (1) shall be liable to the United States for a civil penalty not to exceed $10,000. (3) Any person that certifies falsely that goods exported to Canada meet the rules of origin under such section 202 shall be liable to the United States for the same civil penalties provided under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) for a violation of section 592(a) of such Act by fraud, gross negligence, or negligence, as the case may be. The procedures and provisions of section 592 of such Act that are applicable to a violation under section 592(a) of such Act shall apply with respect to such false certification. (b) RECORDKEEPING REQUIREMENTS.—Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (2) by inserting "and (b)" after "(a)" in subsection (c), as so redesignated; (3) by adding after subsection (a) the following new subsection: "(b) Any person who exports, or who knowingly causes to be exported, any merchandise to Canada shall make, keep, and render for examination and inspection such records (including certifications of origin or copies thereof) which pertain to such exportations."; and (4) by adding at the end thereof the following new subsection: "(e) Any person who fails to retain records required by subsection (b) or the regulations issued to implement that subsection shall be liable to a civil penalty not to exceed $10,000.". SEC. 206. EXEMPTION FROM LOTTERY TICKET EMBARGO.

Effective date.

Section 305(a) of the Tariff Act of 1930 (19 U.S.C. 1305(a)) is amended by striking out the period at the end of the first paragraph and inserting the folloMring: ": Provided further. That effective January 1, 1993, this section shall not apply to any lottery ticket, printed paper that may be used as a lottery ticket, or advertisement of any lottery, that is printed in Canada for use in connection with a lottery conducted in the United States.". SEC. 207. PRODUCTION-BASED DUTY REMISSION RESPECT TO AUTOMOTIVE PRODUCTS.

PROGRAMS

WITH

(a) USTR STUDY.—The United States Trade Representative shall— (1) undertake a study to determine whether any of the production-based duty remission programs of Canada with respect to automotive products is either— (A) inconsistent with the provisions of, or otherwise denies the benefits to the United States under, the General Agreement on Tariffs and Trade, or (B) being implemented inconsistently with the obligations under article 1002 of the Agreement not— (i) to expand the extent or the application, or

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