Page:United States Statutes at Large Volume 114 Part 4.djvu/103

 PUBLIC LAW 106-476—NOV. 9, 2000 114 STAT. 2165 (or the President's designee), with respect to the prohibitions under subsection (b)(1)(B). "(5) DOG FUR. —The term 'dog fiir' means the pelt or skin of any animal of the species Canis familiaris. "(6) DOG OR CAT FUR PRODUCT.—The term 'dog or cat fur product' means any item of merchandise which consists, or is composed in whole or in part, of any dog fur, cat fur, or both. "(7) PERSON. — The term 'person' includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States. "(8) UNITED STATES.— The term 'United States' means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. " (b) PROHIBITIONS. — "(1) IN GENERAL.—It shall be unlawful for any person to— "(A) import into, or export from, the United States any dog or cat fur product; or "(B) introduce into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product. "(2) EXCEPTION. —T h is subsection shall not apply to the importation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy, (c) PENALTIES AND ENFORCEMENT. — " (1) CIVIL PENALTIES.— "(A) IN GENERAL.—Any person who violates any provision of this section or any regulation issued under this section may, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, or any other provision of law, be assessed a civil penalty by the designated authority of not more than— "(i) $10,000 for each separate knowing and intentional violation; "(ii) $5,000 for each separate grossly negligent violation; or "(iii) $3,000 for each separate negligent violation. "(B) DEBARMENT. —The designated authority may prohibit a person from importing, exporting, transporting, distributing, manufacturing, or selling any fur product in the United States, if the designated authority finds that the person has engaged in a pattern or practice of actions that has resulted in a final administrative determination with respect to the assessment of civil penalties for knowing and intentional or grossly negligent violations of any provii sion of this section or any regulation issued under this section. "(C) FACTORS IN ASSESSING PENALTIES.—In determining the amount of civil penalties under this paragraph, the designated authority shall take into account the degree of culpability, any history of prior violations under this section, ability to pay, the seriousness of the violation, and such other matters as fairness may require.

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