Page:United States Statutes at Large Volume 122.djvu/1875

 12 2 STA T . 1 85 2 PUBLIC LA W 11 0– 2 46—J U NE 18, 2008 reco r ds,un der sec ti on 509 o f t h is A ct, a s the S ecretar y deter -m ines necessary to v erify the dec l arations made p ursuant to section 8 0 3( c ) are true and accurate .‘ ‘ SEC.80 8. P E NALTI ES. ‘ ‘(a) INGE NE RAL . — It shall b e unla w ful for any person to import into the U nited States softwood lumber or softwood lumber products in k nowin g violation of this title. ‘‘(b) CIV IL P ENAL T IE S .—Any person who commits an unlawful act as set forth in subsection (a) shall be liable for a civil penalty nottoe x ceed $1 0,000 for each knowing violation. ‘‘(c) O T H ER PENALTIES.—In addition to the penalties provided for in subsection (b), any violation of this title that violates any other customs law of the United States shall be sub j ect to any applicable civil and criminal penalty, including sei z ure and for- feiture, that may be imposed under such custom law or title 18, United States Code, with respect to the importation of softwood lumber and softwood lumber products described in section 80 4 (a). ‘‘(d) F A C T O RS T O CONSI D ER IN ASSESSIN G PENALTIES.—In deter- mining the amount of civil penalties to be assessed under this section, consideration shall be given to any history of prior violations of this title by the person, the ability of the person to pay the penalty, the seriousness of the violation, and such other matters as fairness may re q uire. ‘‘(e) N OTICE.—No penalty may be assessed under this section against a person for violating a provision of this title unless the person is given notice and opportunity to make statements, both oral and written, with respect to such violation. ‘‘(f) EX CE P TION.—Notwithstanding any other provision of this title, and without limitation, an importer shall not be found to have violated subsection 803(c) if— ‘‘(1) the importer made an appropriate inquiry in accord- ance with section 803(c)(1) with respect to the declaration ‘‘( 2 ) the importer produces records maintained pursuant to section 80 7 (b) that substantiate the declaration; and ‘‘(3) there is not substantial evidence indicating that the importer knew that the fact to which the importer made the declaration was false. ‘‘SEC. 80 9 . R EP O RTS. ‘‘(a) SE M IANN U AL R EPORTS.—Not later than 180 days after the effective date of this title, and every 180 days thereafter, the Presi- dent shall submit to the appropriate congressional committees a report— ‘‘(1) describing the reconciliations conducted under section 80 6, and the verifications conducted under section 807; ‘‘(2) identifying the manner in which the United States importers subject to reconciliations conducted under section 806 and verifications conducted under section 807 were chosen; ‘‘(3) identifying any penalties imposed under section 808; ‘‘(4) identifying any patterns of noncompliance with this title; and ‘‘(5) identifying any problems or obstacles encountered in the implementation and enforcement of this title. ‘‘(b) SU B SIDIES REPORTS.—Not later than 180 days after the date of the enactment of this title, and every 180 days thereafter, the Secretary of Commerce shall provide to the appropriate congres- sional committees a report on any subsidies on softwood lumber Presid e nt.19USC 1 683g . 19 USC 1683 f .

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