•HJ 88 IH 
States. The Secretary of Treasury shall reconcile the fol-
lowing: 
‘‘ ‘(1) The export price declared by a United 
States importer pursuant to section 803(b)(1) with 
the export price reported to the United States by the 
country of export, if any. 
‘‘ ‘(2) The export price declared by a United 
States importer pursuant to section 803(b)(1) with 
the revised export price reported to the United 
States by the country of export, if any. 
‘‘ ‘SEC. 807. VERIFICATION. 
‘‘ ‘(a) IN GENERAL.—The Secretary of Treasury shall 
periodically verify the declarations made by a United 
States importer pursuant to section 803(c), including by 
determining whether— 
‘‘ ‘(1) the export price declared by a United 
States importer pursuant to section 803(b)(1) is the 
same as the export price provided on the export per-
mit, if any, issued by the country of export; and 
‘‘ ‘(2) the estimated export charge declared by a 
United 
States 
importer 
pursuant 
to 
section 
803(b)(2) is consistent with the determination pub-
lished by the Under Secretary for International 
Trade pursuant to section 805(b). 
‘‘ ‘(b) EXAMINATION OF BOOKS AND RECORDS.— 
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•HJ 88 IH 
‘‘ ‘(1) IN GENERAL.—Any record relating to the 
importer declaration program required under section 
803 shall be treated as a record required to be main-
tained and produced under title V of this Act. 
‘‘ ‘(2) EXAMINATION OF RECORDS.—The Sec-
retary of the Treasury is authorized to take such ac-
tion, and examine such records, under section 509 of 
this Act, as the Secretary determines necessary to 
verify the declarations made pursuant to section 
803(c) are true and accurate. 
‘‘ ‘SEC. 808. PENALTIES. 
‘‘ ‘(a) IN GENERAL.—It shall be unlawful for any per-
son to import into the United States softwood lumber or 
softwood lumber products in knowing violation of this title. 
‘‘ ‘(b) CIVIL PENALTIES.—Any person who commits 
an unlawful act as set forth in subsection (a) shall be lia-
ble for a civil penalty not to exceed $10,000 for each 
knowing violation. 
‘‘ ‘(c) OTHER PENALTIES.—In addition to the pen-
alties provided for in subsection (b), any violation of this 
title that violates any other customs law of the United 
States shall be subject to any applicable civil and criminal 
penalty, including seizure and forfeiture, that may be im-
posed under such custom law or title 18, United States 
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•HJ 88 IH 
Code, with respect to the importation of softwood lumber 
and softwood lumber products described in section 804(a). 
‘‘ ‘(d) FACTORS TO CONSIDER IN ASSESSING PEN-
ALTIES.—In determining the amount of civil penalties to 
be assessed under this section, consideration shall be given 
to any history of prior violations of this title by the person, 
the ability of the person to pay the penalty, the seriousness 
of the violation, and such other matters as fairness may 
require. 
‘‘ ‘(e) NOTICE.—No penalty may be assessed under 
this section against a person for violating a provision of 
this title unless the person is given notice and opportunity 
to make statements, both oral and written, with respect 
to such violation. 
‘‘ ‘(f) EXCEPTION.—Notwithstanding any other provi-
sion of this title, and without limitation, an importer shall 
not be found to have violated subsection 803(c) if— 
‘‘ ‘(1) the importer made an appropriate inquiry 
in accordance with section 803(c)(1) with respect to 
the declaration; 
‘‘ ‘(2) the importer produces records maintained 
pursuant to section 807(b) that substantiate the 
declaration; and 
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‘‘ ‘(3) there is not substantial evidence indi-
cating that the importer knew that the fact to which 
the importer made the declaration was false. 
‘‘ ‘SEC. 809. REPORTS. 
‘‘ ‘(a) SEMIANNUAL REPORTS.—Not later than 180 
days after the effective date of this title, and every 180 
days thereafter, the President shall submit to the appro-
priate congressional committees a report— 
‘‘ ‘(1) describing the reconciliations conducted 
under section 806, and the verifications conducted 
under section 807; 
‘‘ ‘(2) identifying the manner in which the 
United States importers subject to reconciliations 
conducted under section 806 and verifications con-
ducted under section 807 were chosen; 
‘‘ ‘(3) identifying any penalties imposed under 
section 808; 
‘‘ ‘(4) identifying any patterns of noncompliance 
with this title; and 
‘‘ ‘(5) identifying any problems or obstacles en-
countered in the implementation and enforcement of 
this title. 
‘‘ ‘(b) SUBSIDIES REPORTS.—Not later than 180 
days after the date of the enactment of this title, and every 
180 days thereafter, the Secretary of Commerce shall pro-
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•HJ 88 IH 
vide to the appropriate congressional committees a report 
on any subsidies on softwood lumber or softwood lumber 
products, including stumpage subsidies, provided by coun-
tries of export. 
‘‘ ‘(c) GAO REPORTS.—The Comptroller General of 
the United States shall submit the following reports to the 
appropriate congressional committees: 
‘‘ ‘(1) Not later than 18 months after the date 
of the enactment of this title, a report on the effec-
tiveness of the reconciliations conducted under sec-
tion 806, and verifications conducted under section 
807. 
‘‘ ‘(2) Not later than 12 months after the date 
of the enactment of this title, a report on whether 
countries that export softwood lumber or softwood 
lumber products to the United States are complying 
with any international agreements entered into by 
those countries and the United States.’ ’’. 
‘‘(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 60 days 
after the date of the enactment of this Act.’’. 
Æ 
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