Page:United States Statutes at Large Volume 107 Part 3.djvu/241

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2179 "(i) has been certified as a participant in the recordkeeping compliance program under subsection (f);and "(ii) is generally in compliance with the appropriate proc(3dures and reouirements of the program; does not produise a demanded record or information for a specific release or provide the information by acceptable alternative means, the Customs Service, in the absence of willfulness or repeated violations, shall issue a written notice of the violation to the recordkeeper in lieu of a monetary penalty. Repeated violations by the recordkeeper may result in the issuance of penalties and removal of certification under the program until corrective action, satisfactory to the Customs Service, is taken. "(B) CONTEfJTS OF NOTICE.—^A notice of violation issued under subparagraph (A) shall— " (i) state that the recordkeeper has violated the recordkeeping requirements; " (ii) indicate the record or information which was demanded; and "(iii) warn the recordkeeper that future failures to produce demanded records or information may result in the imposition of monetary penalties. "(C) RESPONSE TO NOTICE. — ^within a resisonable time after receiving ¥nritten notice vmder subparagraph (A), the recordkeeper shall notify the Customs Service of the steps it has taken to prevent a recurrence of the violation. "(D) REGULATIONS.—The Secretary shall promulgate regulations to implement this paragraph. Such regulations may specify the time periods for compliance with a demand for information and provide guidelines which define repeated violations for purposes of this paragraph. Any penalty issued for a recordkeeping violation shall take into account the degree of compliance compared to the total number of importations, the nature of the demanded records and the recordkeeper's cooperation.". SEC. 616. JUDICIAL ENFORCEMENT. The second sentence of section 510(a) (19 U.S.C. 151(Ka)) is amended by inserting "and such court may assess a monetary penalt3r** after "as a contempt thereoP. SEC. 617. REVIEW OF PROI^STS. Section 515 (19 U.S.C. 1515) is amended by inserting at the end the following new sulssections: "(c) If a protesting party believes that an application for further review was erroneously or improperly denied or was denied without authority for such action, it may nle with the Commissioner of Customs a written request that the denial of the application for further review be set aside. Such request must be filed within 60 days after the date of the notice of the denial. The Commissioner of Customs may review such request and, based solely on the information before the Customs Service at the time the application for further review was denied, may set aside the denial of the application for further review and void the denial of protest, if appropriate. If the Commissioner of Customs fails to act within 60 days after the date of the request, the request shall be considered denied. All denials of protests are effective irom the date of original