19 CFR 162.73 - Penalties under section 592, Tariff Act of 1930, as amended.

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§ 162.73 Penalties under section 592, Tariff Act of 1930, as amended.
(a) Maximum penalty without prior disclosure. If the person concerned has not made a prior disclosure as provided in § 162.74, the monetary penalty under section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592), shall not exceed:
(1) For fraudulent violations, the domestic value of the merchandise;
(2) For grossly negligent violations,
(i) The lesser of the domestic value of the merchandise or four times the loss of duties, taxes and fees or
(ii) If there is no loss of duties, taxes and fees 40 percent of the dutiable value of the merchandise; and
(3) For negligent violations,
(i) The lesser of the domestic value of the merchandise or two times the loss of duties, taxes and fees or
(ii) If there is no loss of duties, taxes and fees 20 percent of the dutiable value of the merchandise.
(b) Maximum penalty with prior disclosure. If the person concerned has made a prior disclosure, the monetary penalty shall not exceed:
(1) For fraudulent violations,
(i) One times the loss of duties, taxes and fees or
(ii) If there is no loss of duties, taxes and fees 10 percent of the dutiable value of the merchandise; and
(2) For grossly negligent and negligent violations, the interest on any loss of duties, taxes and fees. The interest shall be computed from the date of liquidation at the prevailing rate of interest applied under section 6621, Internal Revenue Code of 1954, as amended (26 U.S.C. 6621).
(c) Exception; clerical error or mistake of fact. There is no violation and, consequently, no penalty incurred, if the falsity or omission is due solely to clerical error or mistake of fact, unless the error or mistake is part of the pattern of negligent conduct.
[T.D. 79-160, 44 FR 31958, June 4, 1979, as amended by T.D. 99-64, 64 FR 43267, Aug. 10, 1999]

Title 19 published on 2013-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-10-23; vol. 78 # 205 - Wednesday, October 23, 2013
    1. 78 FR 63052 - United States-Panama Trade Promotion Agreement
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Interim regulations; solicitation of comments.
      Interim rule effective October 23, 2013; comments must be received by December 23, 2013.
      19 CFR Parts 10, 24, 162, 163, and 178

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 9 - ARBITRATION
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 19 - CUSTOMS DUTIES
U.S. Code: Title 21 - FOOD AND DRUGS
USC: Title 26a

§ 5688

U.S. Code: Title 39 - POSTAL SERVICE
U.S. Code: Title 49 - TRANSPORTATION

Title 19 published on 2013-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 162 after this date.

  • 2013-10-23; vol. 78 # 205 - Wednesday, October 23, 2013
    1. 78 FR 63052 - United States-Panama Trade Promotion Agreement
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Interim regulations; solicitation of comments.
      Interim rule effective October 23, 2013; comments must be received by December 23, 2013.
      19 CFR Parts 10, 24, 162, 163, and 178