Page:United States Statutes at Large Volume 96 Part 2.djvu/997

 PUBLIC LAW 97-446—JAN. 12, 1983 unable to present to the customs officer concerned at the time of making entry of such material— (1) the certificate or other documentation of the State Party required under subsection (a); or (2) satisfactory evidence that such material was exported from the State Party— (A) not less than ten years before the date of such entry and that neither the person for whose account the material is imported (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before that date of entry, or (B) on or before the date on which such material was designated under section 305, the customs officer concerned shall refuse to relesise the material from customs custody and send it to a bonded warehouse or store to be held at the risk and expense of the consignee, notwithstanding any other provision of law, until such documentation or evidence is filed with such officer. If such documentation or evidence is not presented within ninety days after the date on which such material is refused release from customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the material shall be subject to seizure and forfeiture. The presentation of such documentation or evidence shall not bar subsequent action under section 310. (c) DEFINITION OF SATISFACTORY EVIDENCE.—The term "satisfactory evidence" means— (1) for purposes of subsection (b)(2)(A)— (A) one or more declarations under oath by the importer, or the person for whose account the material is imported, stating that, to the best of his knowledge— (i) the material was exported from the State Party not less than ten years before the date of entry into the United States, and (ii) neither such importer or person (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before the date of entry of the material; and (B) a statement provided by the consignor, or person who sold the material to the importer, which states the date, or, if not known, his belief, that the material was exported from the State Party not less than ten years before the date of entry into the United States, and the reasons on which the statement is based; and (2) for purposes of subsection (b)(2)(B)— (A) one or more declarations under oath by the importer or the person for whose account the material is to be imported, stating that, to the best of his knowledge, the material was exported from the State Party on or before the date such material was designated under section 305, and (B) a statement by the consignor or person who sold the material to the importer which states the date, or if not known, his belief, that the material was exported from the State Party on or before the date such material was designated under section 305, and the reasons on which the statement is based.

96 STAT. 2359

Seizure and forfeiture.

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