Page:United States Statutes at Large Volume 110 Part 2.djvu/597

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PUBLIC LAW 104-153-JULY 2, 1996 110 STAT. 1389 "(2) For the first such seizure, the fine shall be not more than the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, determined under regulations promulgated by the Secretary. "(3) For the second seizure and thereafter, the fine shall be not more than twice the value that the merchandise would have had if it were genuine, as determined under regulations promulgated by the Secretary. "(4) The imposition of a fine under this subsection shall be within the discretion of the Customs Service, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law.". SEC. 11. PUBLIC DISCLOSURE OF AIRCRAFT MANIFESTS. Section 431(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)) is amended— (1) in the matter preceding subparagraph (A), by inserting "vessel or aircraft" before "manifest"; (2) by amending subparagraph (D) to read as follows: "(D) The name of the vessel, aircraft, or carrier."; (3) by amending subparagraph (E) to read as follows: "(E) The seaport or airport of loading."; (4) by amending subparagraph (F) to read as follows: "(F) The seaport or airport of discharge."; and (5) by adding after subparagraph (G) the following new subparagraph: "(H) The trademarks appearing on the goods or packages.". SEC. 12. CUSTOMS ENTRY DOCUMENTATION. Section 484(d) of the Tariff Act of 1930 (19 U.S.C. 1484(d)) is amended— (1) by striking "Entries" and inserting "(1) Entries"; and (2) by adding at the end the following new paragraph: "(2) The Secretary, in prescribing regulations governing the content of entry documentation, shall require that entry documentation contain such information as may be necessary to determine whether the imported merchandise bears an infringing trademark in violation of section 42 of the Act of July 5, 1946 (commonly referred to as the 'Trademark Act of 1946'; 15 U.S.C. 1124), or any other applicable law, including a trademark appearing on the goods or packaging. ". SEC. 13. UNLAWFUL USE OF VESSELS, VEfflCLES, AND AIRCRAFT IN AID OF COMMERCIAL COUNTERFEITING. Section 80302(a) of title 49, United States Code, is amended— (1) by striking "or" at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting "; or"; and (3) by adding at the end the following new paragraph: "(6)(A) a counterfeit label for a phonorecord, copy of a computer program or computer program documentation or packaging, or copy of a motion picture or other audiovisual work (as defined in section 2318 of title 18); "(B) a phonorecord or copy in violation of section 2319 of title 18; "(C) a fixation of a sound recording or music video of a live musical performance in violation of section 2319A of title 18; or