Sec. 808. PENALTIES
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## SEC. 808 PENALTIES **[**[19 U.S.C. 1683f](/us/usc/t19/s1683f)**]** ###
(a)In General It shall be unlawful for any person to import into the United States softwood lumber or softwood lumber products in knowing violation of this title. ###
(b)Civil Penalties Any person who commits an unlawful act as set forth in subsection
(a)shall be liable for a civil penalty not to exceed $10,000 for each knowing violation. ###
(c)Other Penalties In addition to the penalties provided for in subsection (b), any violation of this title that violates any other customs law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such custom law or title 18, United States Code, with respect to the importation of softwood lumber and softwood lumber products described in section 804(a). ###
(d)Factors To Consider in Assessing Penalties In determining the amount of civil penalties to be assessed under this section, consideration shall be given to any history of prior violations of this title by the person, the ability of the person to pay the penalty, the seriousness of the violation, and such other matters as fairness may require. ###
(e)Notice No penalty may be assessed under this section against a person for violating a provision of this title unless the person is given notice and opportunity to make statements, both oral and written, with respect to such violation. ###
(f)Exception Notwithstanding any other provision of this title, and without limitation, an importer shall not be found to have violated subsection 803(c) if— ####
(1)the importer made an appropriate inquiry in accordance with section 803(c)(1) with respect to the declaration; ####
(2)the importer produces records maintained pursuant to section 807(b) that substantiate the declaration; and ####
(3)there is not substantial evidence indicating that the importer knew that the fact to which the importer made the declaration was false.
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U.S. Code