Page:United States Statutes at Large Volume 117.djvu/951

 117 STAT. 932

PUBLIC LAW 108–77—SEPT. 3, 2003

Free Trade Agreement, that a good qualifies as an originating good under such Agreement. ‘‘(2) EXPORTS TO CHILE.—Any person who completes and issues a Chile FTA Certificate of Origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the Certificate or copies thereof). ‘‘(3) RETENTION PERIOD.—Records and supporting documents shall be kept by the person who issued a Chile FTA Certificate of Origin for at least 5 years after the date on which the certificate was issued. ‘‘(g) PENALTIES.—Any person who fails to retain records and supporting documents required by subsection (f) or the regulations issued to implement that subsection shall be liable for the greater of— ‘‘(1) a civil penalty not to exceed $10,000; or ‘‘(2) the general record keeping penalty that applies under the customs laws of the United States.’’. 19 USC 3805 note.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

SEC. 208. ENFORCEMENT OF TEXTILE AND APPAREL RULES OF ORIGIN.

(a) ACTION DURING VERIFICATION.—If the Secretary of the Treasury requests the Government of Chile to conduct a verification pursuant to article 3.21 of the Agreement for purposes of determining that— (1) an exporter or producer in Chile is complying with applicable customs laws, regulations, and procedures regarding trade in textile and apparel goods, or (2) claims that textile or apparel goods exported or produced by such exporter or producer— (A) qualify as originating goods under section 202 of this Act, or (B) are goods of Chile, are accurate, the President may direct the Secretary to take appropriate action described in subsection (b) while the verification is being conducted. (b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under subsection (a) includes— (1) suspension of liquidation of entries of textile and apparel goods exported or produced by the person that is the subject of the verification, in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such goods; and (2) publication of the name of the person that is the subject of the verification. (c) ACTION WHEN INFORMATION IS INSUFFICIENT.—If the Secretary of the Treasury determines that the information obtained within 12 months after making a request for a verification under subsection (a) is insufficient to make a determination under subsection (a), the President may direct the Secretary to take appropriate action described in subsection (d) until such time as the Secretary receives information sufficient to make a determination under subsection (a) or until such earlier date as the President may direct. (d) APPROPRIATE ACTION DESCRIBED.—Appropriate action under subsection (c) includes—

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