Page:United States Statutes at Large Volume 108 Part 6.djvu/380

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108 STAT. 4948 PUBLIC LAW 103-465—DEC. 8, 1994 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 592, and "(B) if a petition with respect to that claim has been filed under section 618, 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 docimientation, or providing documentation subsequently used by the importer of record, which indicates a false or fi^udulent country of origin or source of textile or apparel products. "(B) Using counterfeit visas, Ucenses, permits, bilis 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 appsirel products which are falsely or fraudulently labelled as to country of origin or soiuxe. "(D) Engaging in practices which aid or abet the transshipment, tiirough 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.— Any person whose name has been included in a Ust published under paragraph (1) may petition the Secretary to be removed fix)m such Ust If the Secretary finds that such person has not committed any violations described in paragraph (2) for a period of not less than 3 years after the date on which the person's name was so published, the Secretary shall remove such person fix)m the list as of the next publication of the Ust under paragraph (2). "(4) REASONABLE CARE REQUIRED FOR SUBSEQUENT IMPORTS. — " (A) RESPONSIBILITY OF IMPORTERS AND OTHERS.— After the name of a person has been published under paragraph (1), the Secretary of the Treasury shall require any importer of record entering, introducing, or attempting to introduce into the commerce of the United States textile or apparel products that were either directly or indirectly produced, manufactured, supplied, sold, exported, or transported by such named person to show, to the satisfaction of the Secretary, that such importer has exercised reasonable care to ensure that the textile or apparel products are accompanied by documentation, packaging, and label- Ung that are accurate as to its origin. Such reasonable