19 U.S.C. § 1510 | Judicial enforcement

(a)

Order of court

section 1509 of this titleIf any person summoned under does not comply with the summons, the district court of 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. Failure to obey such order of the court may be punished by such court as a contempt thereof and such court may assess a monetary penalty.

(b)

Sanctions

(1)

section 1509 of this title For so long as any person, after being adjudged guilty of contempt for neglecting or refusing to obey a lawful summons issued under and for refusing to obey the order of the court, remains in contempt, the Secretary may—

(A)

prohibit that person from importing 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)

If 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 at public auction or otherwise disposed of under the customs laws.

(3)

The sanctions which may be imposed under paragraphs (1) and (2) are in addition to any punishment which may be imposed by the court for contempt.

June 17, 1930, ch. 497 46 Stat. 733 Pub. L. 91–271, title III, § 301oJune 2, 197084 Stat. 290 Pub. L. 95–410, title I, § 106Oct. 3, 197892 Stat. 891 Pub. L. 103–182, title VI, § 616Dec. 8, 1993107 Stat. 2179(, title IV, § 510, ; (), , ; , , ; , , .)

Editorial Notes

Prior Provisions

act Oct. 3, 1913, ch. 16 38 Stat. 188 Act of June 10, 1890, ch. 407, § 17 26 Stat. 139 Act of Aug. 5, 1909, ch. 6, § 23 36 Stat. 100 act Sept. 21, 1922, ch. 356, title IV, § 509 42 Stat. 968June 17, 1930Provisions substantially the same as those in this section were contained in , § III, P, , which substantially reenacted the provisions of the Customs Administrative , , as renumbered and reenacted without other change by the Payne-Aldrich Tariff , . Section III, P, of the 1913 act was superseded by , , and repealed by section 643 thereof. Section 509 of the 1922 act was superseded by section 510 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

June 10, 189026 Stat. 141Prior provisions similar to those in this section were contained in R.S. §§ 2923, 2924, prior to repeal by section 29 of the Customs Administrative Act of , .

Amendments

Pub. L. 103–1821993—Subsec. (a). inserted before period at end “and such court may assess a monetary penalty”.

Pub. L. 95–4101978— substituted judicial enforcement provisions covering court order for compliance with administrative summonses and imposition of specified sanctions for prior provisions covering imposition of penalties for refusal to give testimony, including provision for a penalty of not less than $20 nor more than $500 for refusing to appear or to produce documents or to subscribe his name to a deposition or refusing to answer interrogatories; deeming the last made appraisement of the merchandise as final where an owner, importer, or consignee failed to comply with the examination provisions; deeming the person falsely swearing on an examination guilty of perjury; and forfeiture of the merchandise where the person was an owner, importer, or consignee, or the recovery of its value from him.

Pub. L. 91–2711970— substituted references to appropriate customs officer for references to collector or appraiser wherever appearing, and struck out references to divisions of United States Customs Court.

Statutory Notes and Related Subsidiaries

Effective Date of 1970 Amendment

Pub. L. 91–271 section 203 of Pub. L. 91–271 section 1500 of this titleFor effective date of amendment by , see , set out as a note under .