Page:United States Statutes at Large Volume 107 Part 3.djvu/247

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2185 drawback compliance program or any negotiated alternative programs, and for taking corrective action when notified by the Customs Service for violations or problems regarding such program, "(f) ALTERNATIVES TO PENALTIES. — "(1) IN GENERAL. —When a party that^ "(A) has been certified as a participant in the drawback compliance program under subsection (e); and "(B) is generally in compliance with the appropriate procedures and requirements of the program; commits a violation of subsection (a), the Customs Service, shall, in the absence of fraud or repeated violations, and in lieu of a monetary penalty, issue a written notice of the violation to the party. Repeatisd violations by a party may result in the issuance of penalties and removal of certification under the program until corrective action, satisfactory to the Customs Service, is taken.

    • (2) CONTENTS OF NOTICE. — ^A notice of violation issued

under paragraph (1) shall— (A) state that the party has violated subsection (a); "(B) explain the nature of the violation; and

    • (C) warn the party that fixture violations of subsection

(a) may result in the imposition of monetary penalties. "(3) RESPONSE TO NOTICE. — Within a reasonable time aft«r receiving written notice under paragraph (1), the party shall notify the Customs Service of the steps it has taken to prevent a recurrence of the violation. "(g) REPETITIVE VIOLATIONS. — "(1) A party who has been issued a written notice under subsection (f)(l) and subsequently commits a repeat negligent violation involving the same issue is subject to the following monetary penalties: "(A) 2D VIOLATION.—An amount not to exceed 20 percent of the loss of revenue. "(B) 3RD VIOLATION.—An amount not to exceed 50 percent of the loss of revenue. "(C) 4TH AND SUBSEQUENT VIOLATIONS. —An amount not to exceed 100 percent of the loss of revenue. "(2) If a party that has been certified as a participant in the drawback compliance program under subsection (e) commits an alleged violation which was not repetitive, the party shall be issued a 'warning letter*, and, for any subsequent violation, shall be subject to the same maximum penalty amounts stated in paragraph (1). " (h) REGULATION.—The Secretary shall promulgate regulations and guidelines to implement this section. Such regulations shall specify that for piirposes of subsection (g), a repeat negligent violation involving the same issue shall be treated as a repetitive violation for a maximum period of 3 years. "(i) COURT OF INTERNATIONAL TRADE PROCEEDINGS. —Notwithstanding any other provision of law, in any proceeding commenced by the United States in the Court of International Trade for the recovery of any monetary penalty claimed under this section— "(1) all issues, including the amount of the penalty, shall be tried de novo;