REGULATIONS.— (1) The trademark provisions of this section and section 42 of the Act of July 5, 1946, do not apply to the importation of articles accompanying any person arriving in the United States when such articles are for his personal use and not for sale if (A) such articles are within the limits of types and quantities determined by the Secretary pursuant to paragraph (2) of this subsection, and (B) such person has not been granted an exemption under this subsection within thirty days immediately preceding his arrival. (2) The Secretary shall determine and publish in the Federal Register lists of the types of articles and the quantities of each which shall be entitled to the exemption provided by this subsection. In determining such quantities of particular types of trade-marked articles, the Secretary shall give such consideration as he deems necessary to the numbers of such articles usually purchased at retail for personal use. (3) If any article which has been exempted from the restrictions on importation of the trade-mark laws under this subsection is sold within one year after the date of importation, such article, or its value (to be recovered from the importer), is subject to forfeiture. A sale pursuant to a judicial order or in liquidation of the estate of a decedent is not subject to the provisions of this paragraph. (4) The Secretary may prescribe such rules and regulations as may be necessary to carry out the provisions of this subsection. (e) MERCHANDISE BEARING COUNTERFEIT MARK; SEIZURE AND FORFEITURE; DISPOSITION OF SEIZED GOODS.-Any such merchandise bearing a counterfeit mark (within the meaning of section 45 of the Act of July 5, 1946 (commonly referred to as the Lanham Act) imported into the United States in violation of the provisions of section 42 of the Act of July 5, 1946, shall be seized and, in the absence of the written consent of the trademark owner, forfeited for violations of the customs laws. Upon seizure of such merchandise, the Secretary shall notify the owner of the trademark, and shall, after forfeiture, destroy the merchandise. Alternatively, if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the trademark owner, the Secretary may obliterate the trademark where feasible and dispose of the goods seized (1) by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise, (2) by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise, or (3) more than 90 days after the date of forfeiture, by sale by the Customs Service at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2). (f) CIVIL PENALTIES.— (1) Any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that is seized under subsection (e) shall be subject to a civil fine. (2) For the first such seizure, the fine shall be not more than the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, determined under regulations promulgated by the Secretary. (3) For the second seizure and thereafter, the fine shall be not more than twice the value that the merchandise would have had if it were genuine, as determined under regulations promulgated by the Secretary. (4) The imposition of a fine under this subsection shall be within the discretion of the Customs Service, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law. Section 431 of the Tariff Act of 1930, as amended [19 U.S.C. 1431; Public Law 71-361, as amended by Public Law 98-573, Public Law 100-690, Public Law 103-182, Public Law 104-153, and Public Law 104-295] SEC. 431. MANIFEST. (a) IN GENERAL.-Every vessel required to make entry under section 434 or obtain clearance under section 4197 of the Revised Statutes of the United States shall have a manifest that complies with the requirements prescribed under subsection (d). (b) PRODUCTION OF MANIFEST.-Any manifest required by the Customs Service shall be signed, produced, delivered or electronically transmitted by the master or person in charge of the vessel, aircraft, or vehicle, or by any other authorized agent of the owner or operator of the vessel, aircraft, or vehicle in accordance with the requirements prescribed under subsection (d). A manifest may be supplemented by bill of lading data supplied by the issuer of such bill. If any irregularity of omission or commission occurs in any way in respect to any manifest or bill of lading data, the owner or operator of the vessel, aircraft or vehicle, or any party responsible for such irregularity, shall be liable for any fine or penalty prescribed by law with respect to such irregularity. The Customs Service may take appropriate action against any of the parties. (c) PUBLIC DISCLOSURE OF CERTAIN MANIFEST INFORMATION. (1) Except as provided in subparagraph (2), the following information, when contained in a vessel manifest or aircraft manifest, shall be available to public disclosure: (A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary of the Treasury, claiming confidential treatment of such information. (B) The general character of the cargo. (C) The number of packages and gross weight. (D) The name of the vessel, aircraft, or carrier. (F) The seaport or airport of discharge. (G) The country of origin of the shipment. (H) The trademarks appearing on the goods or packages. (2) The information listed in paragraph (1) shall not be available for public disclosure if (A) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or (B) the information is exempt under the provisions of section 552(b)(1) of title 5 of the United States Code. (3) The Secretary of the Treasury, in order to allow for the timely dissemination and publication of the information listed in paragraph (1), shall establish procedures to provide access to manifests. Such procedures shall include provisions for adequate protection against the public disclosure of information not available for public disclosure from such manifests. (d) REGULATIONS. (1) IN GENERAL.-The Secretary shall by regulation (A) specify the form for, and the information and data that must be contained in, the manifest required by subsection (a); (B) allow, at the option of the individual producing the manifest and subject to paragraph (2), letters and documents shipments to be accounted for by summary manifesting procedures; (C) prescribe the manner of production for, and the delivery or electronic transmittal of the manifest required by subsection (a); and (D) prescribe the manner for supplementing manifests with bill of lading data under subsection (b). (2) LETTERS AND DOCUMENTS SHIPMENTS.-For purposes of paragraph (1)(B)—— (A) the Customs Service may require with respect to letters and documents shipments (i) that they be segregated by country of origin, and (ii) additional examination procedures that are not necessary for individually manifested shipments; (B) standard letter envelopes and standard document packs shall be segregated from larger document shipments for purposes of customs inspections; and (C) the term "letters and documents” means (i) data described in General Headnote 4(c) of the Harmonized Tariff Schedule of the United States, (ii) securities and similar evidences of value described in heading 4907 of such Schedule, but not monetary instruments defined pursuant to chapter 53 of title 31, United States Code, and (iii) personal correspondence, whether on paper, cards, photographs, tapes, or other media. 6. Penalties, Prohibitions and Import Restrictions (A) Penalties Prohibitions and Import Restrictions Sections 592 and 592A of the Tariff Act of 1930, as amended [19 U.S.C. 1592 and 1592A; Public Law 71-361, as amended by Act of Aug. 5, 1935, Public Law 95410, Public Law 96-417, Public Law 103-182, Public Law 103-465, Public Law 104-295, Public Law 106-36, Public Law 108-77, Public Law 108-78, and Public Law 108-286] SEC. 592. PENALTIES FOR FRAUD, GROSS NEGLIGENCE, AND NEGLIGENCE. (a) Prohibition. (1) GENERAL RULE.-Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence (A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of (i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false, (ii) any omission which is material, or (B) may aid or abet any other person to violate subparagraph (A). (2) EXCEPTION. Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligible conduct. (b) PROCEDURES.— (1) PRE-PENALTY NOTICE. (A) IN GENERAL.-If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall (i) describe the merchandise; (ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction; (iii) specify all laws and regulations allegedly violated; (iv) disclose all the material facts which establish the alleged violation; (v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence; (vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into account all circumstances, the amount of the proposed monetary penalty; and (vii) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why a claim for a monetary penalty should not be issued in the amount stated. (B) EXCEPTIONS.-The preceding subparagraph shall not apply if— (i) the importation with respect to which the violation of subsection (a) occurs is noncommercial in nature, or (ii) the amount of the penalty in the penalty claim issued under paragraph (2) is $1,000 or less. (2) PENALTY CLAIM.-After considering representations, if any, made by the person concerned pursuant to the notice issued under paragraph (1), the Customs Service shall determine whether any violation of subsection (a), as alleged in the notice, has occurred. If the Customs Service determines that there was no violation, it shall promptly issue a written statement of the determination to the person to whom the notice was sent. If the Customs Service determines that there was a violation, it shall issue a written penalty claim to such person. The written penalty claim shall specify all changes in the information provided under clauses (i) through (vi) of paragraph (1)(A). Such person shall have a reasonable opportunity under section 618 of this Act to make representations, both oral and written, seeking remission or mitigation of the monetary penalty. At the conclusion of any proceeding under such section 618, the Customs Service shall provide to the person concerned a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based. (c) MAXIMUM PENALTIES.— (1) FRAUD.-A fraudulent violation of subsection (a) is punishable by a civil penalty in an amount not to exceed the domestic value of the merchandise. (2) GROSS NEGLIGENCE.-A grossly negligent violation of subsection (a) is punishable by a civil penalty in an amount not to exceed (A) the lesser of (i) the domestic value of the merchandise, or (ii) four times the lawful duties, taxes, and fees of which the United States is or may be deprived, or (B) if the violation did not affect the assessment of duties, 40 percent of the dutiable value of the merchandise. (3) NEGLIGENCE.-A negligent violation of subsection (a) is punishable by a civil penalty in an amount not to exceed (A) the lesser of |