Page:United States Statutes at Large Volume 92 Part 1.djvu/948

 92 STAT. 894

PUBLIC LAW 95-410—OCT. 3, 1978 "(A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of— "(i) any document, written or oral statement, or act which is material and false, or "(ii) any omission which is material, or "(B) may aid or abet any other person to violate subparagraph (A). "(2) EXCEPTION.—Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. " (b) PROCEDURES.— "(1) PRE-PEXALTT NOTICE.—

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19 USC 1618.

"(A) IN GENERAL.—If the appropriate customs officer has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, he shall issue to the person concerned a written notice of his intention to issue a claim for a monetary penalty. Such notice shall— "(i) describe the merchandise; "(ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction; "(iii) specify all laws and regulations allegedly violated; "(iv) disclose all the material facts which establish the alleged violation; "(v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence; "(vi) state the estimated loss of lawful duties, if any, and, taking into account all circumstances, the amount of the proposed monetary penalty; and "(vii) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why a claim for a monetary penalty should not be issued in the amount stated. "(B) EXCEPTIONS.—The preceding subparagraph shall not apply if-"(i) the importation with respect to which the violation of subsection (a) occurs is noncommercial in nature, or "(ii) the amount of the penalty in the penalty claim issued under paragraph (2) is $1,000 or less. "(2) PENALTY CLAIM.—After considering representations, if any, made by the person concerned pursuant to the notice issued under paragraph (1), the appropriate customs officer shall determine whether any violation of subsection (a), as alleged in the notice, has occurred. If such officer determines that there was no violation, he shall promptly issue a written statement of the determination to the person to whom the notice was sent. If such officer determines that there was a violation, he shall issue a written penalty claim to such person. The written penalty claim shall specify all changes in the information provided under clauses (i) through (vi) of paragraph (1)(A). Such person shall have a reasonable opportunity under section 618 of this Act to make representations, both oral and written, seeking remission or miti-

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