PUBLIC LAW 103-182—DEC. 8, 1993
107 STAT. 2171
(1) by inserting "or transmitted" after "made" in paragraph
(I)(A); and
(2) by amending paragraph (2)(A) to read as follows:
(A) if the article is a controlled substance, either $500
or an amount equal to 1,000 percent of the value of the
article, whichever amount is greater; and".
SEC. 613. CUSTOMS TESTING LABORATORIES: DETENTION OF MEIU
CHANDISE.
(a) AMENDMENT. —- Section 499 (19 U.S.C. 1499) is amended
to read as follows:
«SEC. 499. EXAMINATION OF MERCHANDISE.
"(a) ENTRY EXAMINATION. —
"(1) IN GENERAL.—Imported merchandise that is required
by law or regulation to be inspected, examined, or appraised
shall not be delivered from customs custody (except under
such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs
Service is authonzed to enforce) until the merchandise has
been inspected, appraised, or examined and is reported by
the Customs Service to have been truly and correctly invoiced
and found to comply with the requirements of the laws of
the United States.
"(2) EXAMINATION. — The Customs Service—
"(A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to
be opened and examined for the purpose of appraisement
or otnerwise;
"(B) shall order such packages or quantities to be sent
to such place as is designated by the Secretary by regulation for such purpose;
"(C) may require such additional packages or quantities
as the Secrethry considers necessary for such purpose; and
"(D) shall inspect a svifdcient number of shipments,
and shall examine a sufficient number of entries, to ensure
compliance with the laws enforced by the Customs Service.
"(3) UNSPECIFIED ARTICLES. —If any package contains any
article not specified in the invoice or entry and, in the opinion
of the Customs Service, the article was omitted from the invoice
or entry—
"(A) with fraudulent intent on the part of the seller,
shipper, owner, agent, importer of record, or entry filer,
the contents of the entire package in which such article
is found shall be subject to seizure; or
"(B) without fraudulent intent, the value of the article
shall be added to the entry and the duties, fees, and taxes
thereon paid accordingly.
"(4) DEFICIENCY. — If a deficiency is found in quantity,
weight, or measure in the examination of any package, the
person finding the deficiency shall make a report thereof to
the Customs Ser/ice. The Customs Service shall make allowance for the deficiency in the liquidation of duties.
" (5) iNFORMA'noN REQUIRED FOR RELEASE. —If an examination is conducted, any information required for release shall
be provided, either electronically or in paper form, to the Customs Service at the port of examination. The absence of such
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