Sec. 2. Increase in civil penalties for fraudulent and grossly negligent violations of United States customs laws
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Section 592 of the Tariff Act of 1930 ( 19 U.S.C. 1592 ) is amended— in subsection (a)— by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: For purposes of paragraph (1)(B), if a person purchases merchandise from two or more affiliated persons after such persons are determined by U.S. Customs and Border Protection or a court of competent jurisdiction to have violated subsection
(a)by means of fraud or gross negligence, there shall be a presumption that the purchaser had knowledge of such violation with respect to purchases from the second or subsequent such affiliated person. In subparagraph (A), the term affiliated person has the meaning given that term in section 771(33). ; and in subsection (c)— in paragraph (1)— by striking A fraudulent violation and inserting the following: A fraudulent violation ; in subparagraph
(A)(as so designated), by inserting before the domestic value the following: three times ; and by adding at the end the following: A person— that commits a fraudulent violation of subsection
(a)shall be prohibited from importing merchandise into the United States during a period of five years beginning on the date of entry of a final judgment with respect to such violation; and that is an affiliated person of a person described in clause
(i)shall be prohibited from importing merchandise into the United States during the period described in such clause. In subparagraph (B)(ii), the term affiliated person has the meaning given that term in section 771(33). ; and in paragraph (2)— by striking A grossly negligent violation and inserting the following: A grossly negligent violation ; by striking
(A)the lesser of— and inserting the following: the lesser of— ; by striking
(i)the domestic value and inserting the following: three times the domestic value ; by striking
(ii)four times and inserting the following: 10 times ; by striking
(B)if the violation and inserting the following: if the violation ; in clause
(ii)of subparagraph
(A)(as so redesignated), by striking 40 percent of and inserting three times ; and by adding at the end the following: A person— that commits a grossly negligent violation of subsection
(a)shall be prohibited from importing merchandise into the United States during a period of two years beginning on the date of entry of a final judgment with respect to such violation; and that is an affiliated person of a person described in clause
(i)shall be prohibited from importing merchandise into the United States during the period described in such clause. In subparagraph (B)(ii), the term affiliated person has the meaning given that term in section 771(33). .
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Sec. 2
Increase in civil penalties for fraudulent and grossly negligent violations of United States customs laws
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