Page:United States Statutes at Large Volume 92 Part 1.djvu/946

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 892

PUBLIC LAW 95-410—OCT. 3, 1978 the United States for any district in which such person is found or resides or is doing business, upon application and after notice to any such person and hearing, shall have jurisdiction to issue an order requiring such person to comply with the summons. F a i l u r e to obey such order of the court may be punished by such court as a contempt thereof. " (b) SANCTIONS.— (1) For so long as any person, after being adjudged guilty of contempt for neglecting or refusing to obey a lawful summons issued under section 509 of this Act and for refusing to obey the order of the court, remains in contempt, the Secretary may— " (A) prohibit that person from i m p o r t i n g merchandise into the customs territory of the United States directly or indirectly or for his account, and " (B) instruct the appropriate customs officers to withhold delivery of merchandise imported directly or indirectly by that person or for his account. " (2) I f any person remains in contempt for more than one year after the date on which the Secretary issues instructions under paragraph (1)(B) with respect to that person, the appropriate customs officers shall cause all merchandise held in customs custody pursuant to such instructions to be sold a t public auction or otherwise disposed of under the customs laws. " (3) The sanctions which may be imposed under paragraph s (1) and (2) are in addition to any punishment which may be imposed by the court for contempt.". SEC. 107. Section 511 of the Tariff Act of 1930 (19 U.S.C. 1511) is

^

Ante, p. 889.

Repeal.

SEC. 108. (a) Section 557 of the Tariff Act of 1930 (19 U.S.C. 1557) is amended by a d d i n g at the end thereof the following new subsection: "(d)

WITHDRAWAL BEFORE P A Y M E N T. — M e r c h and i s e may be with-

drawn for consumption without the payment of the duty thereon if the consignee or transferee is permitted to p a y duty at a later time pursuant to regulations prescribed by the Secretary under section 505 of this Act.". (b)(1) Sections 557 and 559 of the Tariff Act of 1930 (19 U.S.C. 1557 and 1559) are amended by striking out "three years" each place it appears and inserting in lieu thereof "5 years" in each such place. (2) For purposes of applying the amendments made by paragraph (1) to merchandise remaining in a bonded warehouse on the date of enactment of this Act, any period of time the merchandise was in the bonded warehouse before that date shall be disregarded. SEC. 109. Section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is amended— (1) by striking out the first word of each paragraph and inserting in lieu thereof—

19 USC 1505.

19 USC 1557 note.

(A) " (a) GENERAL RULE. — (1) Any " in the first paragraph,

,

(B) " (2) If" in the second paragraph, and

(C) " (3) If" in the last paragraph; (2) by inserting "lesser of $10,000 or the domestic" immediately after "penalty equal to the " in the first sentence of the first paragraph; (3) by inserting "or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest" immediately after "or the owner of such vessel or vehicle" each place it appears in the first sentence of the first paragraph;