Sec. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT
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## SEC. 204 DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT ###
(a)Disclosure of Incorrect Information Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) is amended— ####
(1)in subsection (c)— #####
(A)by redesignating paragraph
(11)as paragraph (12); and #####
(B)by inserting after paragraph
(10)the following new paragraph: > > #### “(11) Prior disclosure regarding claims under the united states-korea free trade agreement > > An importer shall not be subject to penalties under subsection
(a)for making an incorrect claim that a good qualifies as an originating good under section 202 of the United States-Korea Free Trade Agreement Implementation Act if the importer, in accordance with regulations issued by the Secretary of the Treasury, promptly and voluntarily makes a corrected declaration and pays any duties owing with respect to that good.” > ; and ####
(2)by adding at the end the following new subsection: > > ### “(j) False Certifications of Origin Under the United States-Korea Free Trade Agreement > > > #### “(1) In general > > Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a KFTA certification of origin (as defined in section 508 of this Act) that a good exported from the United States qualifies as an originating good under the rules of origin provided for in section 202 of the United States-Korea Free Trade Agreement Implementation Act. The procedures and penalties of this section that apply to a violation of subsection
(a)also apply to a violation of this subsection. > > > #### “(2) Prompt and voluntary disclosure of incorrect information > > No penalty shall be imposed under this subsection if, promptly after an exporter or producer that issued a KFTA certification of origin has reason to believe that such certification contains or is based on incorrect information, the exporter or producer voluntarily provides written notice of such incorrect information to every person to whom the certification was issued. > > > #### “(3) Exception > > A person shall not be considered to have violated paragraph
(1)if— > > > ##### “(A) > > the information was correct at the time it was provided in a KFTA certification of origin but was later rendered incorrect due to a change in circumstances; and > > > ##### “(B) > > the person promptly and voluntarily provides written notice of the change in circumstances to all persons to whom the person provided the certification.” > . ###
(b)Denial of Preferential Tariff Treatment Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding at the end the following new subsection: > > ### “(j) Denial of Preferential Tariff Treatment Under the United States-Korea Free Trade Agreement > > If U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement of the Department of Homeland Security finds indications of a pattern of conduct by an importer, exporter, or producer of false or unsupported representations that goods qualify under the rules of origin provided for in section 202 of the United States-Korea Free Trade Agreement Implementation Act, U.S. Customs and Border Protection, in accordance with regulations issued by the Secretary of the Treasury, may suspend preferential tariff treatment under the United States-Korea Free Trade Agreement Implementation Act to entries of identical goods covered by subsequent representations by that importer, exporter, or producer until U.S. Customs and Border Protection determines that representations of that person are in conformity with such section 202.” > .
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Sec. 204
DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT
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