121 STAT. 1476
PUBLIC LAW 110–138—DEC. 14, 2007
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 PTPA 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 PTPA 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: ‘‘(i) DENIAL OF PREFERENTIAL TARIFF TREATMENT UNDER THE UNITED STATES-PERU TRADE PROMOTION 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 203 of the United StatesPeru Trade Promotion 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-Peru Trade Promotion Agreement 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 203.’’. SEC. 206. RELIQUIDATION OF ENTRIES.
Subsection (d) of section 520 of the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended in the matter preceding paragraph (1)— (1) by striking ‘‘or’’; and (2) by striking ‘‘for which’’ and inserting ‘‘, or section 203 of the United States-Peru Trade Promotion Agreement Implementation Act for which’’. SEC. 207. RECORDKEEPING REQUIREMENTS.
dkrause on GSDDPC44 with PUBLAW
Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended— (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following new subsection: ‘‘(h) CERTIFICATIONS OF ORIGIN FOR GOODS EXPORTED UNDER THE UNITED STATES-PERU TRADE PROMOTION AGREEMENT.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) RECORDS AND SUPPORTING DOCUMENTS.—The term ‘records and supporting documents’ means, with respect
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07:12 Jan 26, 2009