Sec. 3. Private enforcement action for customs fraud
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/bill/118/hr/2667/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Tariff Act of 1930 is amended by inserting after section 592A ( 19 U.S.C. 1592a ) the following: An interested party the business, property, or other financial interest of which is injured by a fraudulent or grossly negligent violation of section 592(a) may bring a civil action against any person that causes such injury, or any person that aids or abets that person in violating section 592(a), in any United States District Court located in a district in which the interested party has suffered injury, without regard to the amount in controversy. Upon proof by an interested party in a civil action brought under subsection
(a)that the business, property, or other financial interest of the interested party has been injured by a fraudulent or grossly negligent violation of section 592(a), the interested party shall— recover compensatory damages equal to the amount of such injury plus an additional penalty equal to three times the amount of compensatory damages; and be granted such equitable relief as may be appropriate, which may include an injunction against further importation into the United States of the merchandise imported into the United States in violation of section 592(a); and recover the costs of bringing the civil action, including reasonable attorney’s fees. The court shall permit the United States to intervene in an civil action brought under subsection (a), as a matter of right. The United States shall have all the rights of a party. Upon a reasonable request by the United States Government, any interested party that brings a civil action under subsection
(a)shall provide to the United States Government— a copy of the complaint; any memoranda of law or briefing filed with a court in support of the complaint as of the date of the request; and if the United States Government agrees to reimburse the interested party for all reasonable costs and expenses associated with responding to the request, any information obtained by the interested party through discovery processes in the civil action as of the date of the request. An order by a court under this section is subject to nullification by the President under the authority provided by section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ). In this section, the term interested party means— a manufacturer, producer, or wholesaler in the United States of like merchandise or competing merchandise; a certified union or recognized union or group of workers that is representative of an industry engaged in the manufacture, production, or wholesale in the United States of like merchandise or competing merchandise; or a trade or business association a majority of the members of which manufacture, produce, or wholesale like merchandise or competing merchandise in the United States. For purposes of paragraph (1), the term competing merchandise means merchandise that competes with or is a substitute for merchandise being imported into the United States in violation of section 592(a). For purposes of paragraph (1), the term like merchandise means merchandise that is like, or in the absence of like, most similar in characteristics and uses with, merchandise being imported into the United States in violation of section 592(a). .
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