A bill to amend section 592 of the Tariff Act of 1930.

Summary

Revises the enforcement provisions of the Tariff Act. Specifies penalties to be imposed where the United States is deprived of lawful duties on merchandise; five percent of the underpayment where there is no fraudulent intent (fifty percent where there is fraudulent intent). Specifies penalties to be assessed where there is no resulting loss of revenue; five percent ad valorem on the dutiable value of the merchandise where there is no fraudulent intent (ten percent where there is fraudulent intent). Permits, if the amount of duties payable has become final (by liquidation of the entry or entries of merchandise) without full assessment of duties deemed payable by the appropriate customs official, an imposition of duties equal to the underpayment in additon to the penalty. Allows the Secretary of the Treasury to remit or mitigate such penalties and duties in whole or in part pursuant to a petition for remission or mitigation. Grants to the United States Customs Court jurisdiction to review the Secretary's determination on the petition if a civil action is brought within 180 days of the notice of said determination. Defers payment of penalties and duties until the final judicial determination has been reached. Stays any collection proceedings theretofore or thereafter instituted by the United States in a Federal District Court (Amends 28 U.S.C. 2632(a)) Makes the provisions of this Act applicable in all cases where there has been no final determination as of the date of enactment.

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1 official file

• Introduced in House

  summary · EN · 10 December 1975

  Open at official source

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