Page:United States Statutes at Large Volume 92 Part 1.djvu/955

 PUBLIC LAW 95-410—OCT. 3, 1978

92 STAT. 901

neglects or fails to report, make entry, and pay duties as herein required, or if he makes any false statement in respect of such purchases or repairs without reasonable cause to believe the truth of such statements, or aids or procures the making of any false statement as to any matter material thereto without reasonable I cause to believe the truth of such statement, such vessel, or a monetary amount up to the value thereof as determined by the Secretary, to be recovered from the owner, shall be subject to seizure and forfeiture; and (2) by redesignating subsections (b) and (c) as (d) and (e), 19 USC 1466. respectively, and by inserting after subsection (a) the following new subsections: "(b) NOTICE.—If the appropriate customs officer has reasonable cause to believe a violation has occurred and determines that further ' procedings are warranted, he shall issue to the person concerned a written notice of his intention to issue a penalty claim. Such notice shall— "(1) describe the circumstances of the alleged violation; "(2) specify all laws and regulations allegedly violated; "(3) disclose all the material facts which establish the alleged violation; "(4) state the estimated loss of lawful duties, if any, and taking into account all of the circumstances, the amount of the i proposed penalty; and "(5) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why such penalty claim should not be issued. "(c) VIOLATION.—After considering representations, if any, made by the person concerned pursuant to the notice issued under subsection (b), 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 notify, in writing, 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 paragraphs (1) through (4) of subsection (b).". SEC. 207. Section 483(1) of the Tariff Act of 1930 (19 U.S.C. 1483 (1)) is amended— (1) by inserting "or the holder of an air waybill" immediately after "bill of lading"; (2) by adding "in the case of a bill of lading" immediately before "if consigned to order, by the consignor"; and (3) by striking out the period at the end of the first sentence and inserting in lieu thereof the following: "; except that this section shall not limit in any way the rights of the consignor, as prescribed by article 12 of the Warsaw Convention (49 Stat. 3017)." SEC. 208. Section 491 of the Tariff Act of 1930 (19 U.S.C. 1491) is amended— (1) by amending the section heading to read as follows: "SEC. 491. UNCLAIMED MERCHANDISE; DISPOSITION OF FORFEITED DISTILLED SPIRITS, WINES AND MALT LIQUOR"; (2) by inserting " (a) " at the beginning of such section; and

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