(2) QUARTERLY REPORTS.—A consignee of any
imported foreign commodity shall submit to the Sec-
retary a quarterly report that certifies—
(A) what quantity of the foreign commod-
ity covered by an end-use certificate was used
by the consignee during the quarter; and
(B) that the commodity referred to in
paragraph (1) was used by the consignee for
the purpose stated in the end-use certificate.
(c) END-USE CERTIFICATE AND QUARTERLY RE-
PORT CONTENT.—The end-use certificates and quarterly
reports required under subsection (b) shall be in such
form, and require such information, as the Secretary con-
siders necessary or appropriate to carry out the purposes
of this section, including—
(1) in the case of the end-use certificate—
(A) the name and address of the importer
of record of the foreign commodity;
(B) the name and address of the consignee
of the commodity;
(C) the identification of the country of ori-
gin of the commodity;
(D) a description by class and quantity of
the commodity covered by the certificate;
(E) the sales price of the commodity in the
country of origin, if the Secretary considers
such datum necessary to facilitate the enforce-
ment of the trade laws and international agree-
ments of the United States;
(F) specification of the purpose for which
the consignee will use the commodity; and
(G) the identification of the transporter of
the commodity from the port of entry to the
processing facility of the consignee; and
(2) in the case of the quarterly report—
(A) the information referred to in subpara-
graphs (A) and (B) of paragraph (1);
(B) the identification of the end-use certifi-
cates currently held by the consignee;
(C) a statement of the quantity of the for-
eign commodity covered by each of the end-use
certificates identified under subparagraph (B)
that was used during the quarter; and
(D) a statement of the use made during
the quarter by the consignee of each quantity
referred to in subparagraph (C).
(d) REGULATIONS.—The Secretary shall prescribe
such requirements regarding the preparation and submis-
sion of the quarterly reports required under subsection
(b)(2) as may be necessary or appropriate to carry out
the purposes of this section.
(e) PENALTIES.—
(1) CUSTOMS PENALTIES.—End-use certificates
required under this section shall be treated as any
other customs documentation for purposes of apply-
ing the customs laws that prohibit the entry, or the
attempt to enter, merchandise by fraud, gross neg-
ligence, or negligence.
(2) CIVIL PENALTIES.—Any person who know-
ingly violates any requirement prescribed by the Sec-
retary to carry out this section is punishable by a
civil penalty in an amount not to exceed $10,000.
(f) ENTRY PROHIBITED UNLESS END-USE CERTIFI-
CATE PRESENTED.—The Commissioner of Customs may
not permit the entry of any foreign commodity unless the
importer of record presents at the time of entry of the
commodity an end-use certificate that complies with the
applicable requirements of subsection (c).
SEC. 2. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN
AGRICULTURAL COMMODITIES IN CERTAIN
AGRICULTURAL TRADE PROGRAMS.
(a) OPPORTUNITY FOR HEARING.—The Commodity
Credit Corporation shall provide a person with an oppor-
tunity for a hearing before suspending or debarring the
person from participation in an agricultural trade program
for using a foreign agricultural commodity in violation of
the terms and conditions of the program.
(b) WAIVER.—
(1) IN GENERAL.—The Commodity Credit Cor-
poration may waive the suspension or debarment of
a person from participation in an agricultural trade
program for using a foreign agricultural commodity
in violation of the terms and conditions of the pro-
gram if the person demonstrates, to the satisfaction
of the Corporation, that—
(A) the use of the commodity was uninten-
tional; and
(B) the quantity of the foreign agricultural
commodity used was less than 1 percent of the
total quantity of the commodity involved in the
transaction.
(2) OTHER
PENALTIES.—Any waiver by the
Commodity Credit Corporation of a suspension or
debarment of a person under paragraph (1) shall
not affect the liability of the person for any other
penalty imposed under an agricultural trade pro-
gram for the quantity of the foreign agricultural
commodity involved.
Æ