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U.S. Code as of:
01/19/04
Section 1198. Shipments from foreign countries; demand for redelivery; claim for liquidated damages
An imported product, fabric, or related material to which
flammability standards under this chapter are applicable shall not
be delivered from customs custody except as provided in section
1499 of title 19. In the event an imported product, fabric, or
related material is delivered from customs custody under bond, as
provided in section 1499 of title 19 and fails to conform with an
applicable flammability standard in effect on the date of entry of
such merchandise, the Secretary of the Treasury shall demand
redelivery and in the absence thereof shall assert a claim for
liquidated damages for breach of a condition of the bond arising
out of such failure to conform or redeliver in accordance with
regulations prescribed by the Secretary of the Treasury or his
delegate. When asserting a claim for liquidated damages against an
importer for failure to redeliver such nonconforming goods, the
liquidated damages shall be not less than 10 per centum of the
value of the nonconforming merchandise if, within five years prior
thereto, the importer has previously been assessed liquidated
damages for failure to redeliver nonconforming goods in response to
a demand from the Secretary of the Treasury as set forth above.
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