View all text of Part V [§ 1581 - § 1631]
§ 1592a. Special provisions regarding certain violations
(a) Publication of names of certain violators
(1) Publication
The Secretary of the Treasury is authorized to publish in the Federal Register a list of the name of any producer, manufacturer, supplier, seller, exporter, or other person located outside the customs territory of the United States—
(A) against whom the Customs Service has issued a penalty claim under section 1592 of this title, and
(B) if a petition with respect to that claim has been filed under section 1618 of this title, against whom a final decision has been issued under such section after exhaustion of administrative remedies,
citing any of the violations of the customs laws referred to in paragraph (2). Such list shall be published not later than March 31 and September 30 of each year.
(2) Violations
The violations of the customs laws referred to in paragraph (1) are the following:
(A) Using documentation, or providing documentation subsequently used by the importer of record, which indicates a false or fraudulent country of origin or source of textile or apparel products.
(B) Using counterfeit visas, licenses, permits, bills of lading, or similar documentation, or providing counterfeit visas, licenses, permits, bills of lading, or similar documentation that is subsequently used by the importer of record, with respect to the entry into the customs territory of the United States of textile or apparel products.
(C) Manufacturing, producing, supplying, or selling textile or apparel products which are falsely or fraudulently labelled as to country of origin or source.
(D) Engaging in practices which aid or abet the transshipment, through a country other than the country of origin, of textile or apparel products in a manner which conceals the true origin of the textile or apparel products or permits the evasion of quotas on, or voluntary restraint agreements with respect to, imports of textile or apparel products.
(3) Removal from list
(4) Reasonable care required for subsequent imports
(A) Responsibility of importers and others
(B) Failure to exercise reasonable care
(b) List of high risk countries
(1) List
(2) Reasonable care required for subsequent imports
(A) Responsibility of importers of record
(B) Failure to exercise reasonable care
(3) “Country” defined
(June 17, 1930, ch. 497, title IV, § 592A, as added Pub. L. 103–465, title III, § 333, Dec. 8, 1994, 108 Stat. 4947; amended Pub. L. 104–295, § 20(c)(3), Oct. 11, 1996, 110 Stat. 3528.)