While this is from a Goodson bashing thread on usenet, it does present some facts...
Newsgroups: alt.music.saxophone
From:
[email protected]
Date: Sat, 19 Apr 2008 11:28:05 -0700 (PDT)
Local: Sat, Apr 19 2008 2:28 pm
Subject: Re: The Law Is Clear Imported Saxes Must Be Marked
Reply to author | Forward | Print | Individual message | Show original | Report this message | Find messages by this author
Just an update on this topic. Here is a summarization of some
additional information that I have gotten by contacting the U.S.
Customs Agency and from other sources:
"In1993 Congress passed the Customs Modernization and Informed
Compliance Act. The Mod Act shifted responsibility for maintaining
compliance with import laws and regulations from U.S. Customs to
importers. One method used by Customs to monitor import compliance a
is a Customs Compliance Audit.
Importers can in most cases avoid costly non-compliance penalties by
demonstrating reasonable care by developing an import compliance
program that is documented in a import compliance manual. Import
compliance manuals should detail an importer' s import compliance
procedures, and activities which must be performed. Import compliance
includes country of origin marking requirements.
Imported products on which there has been a misrepresentation of
origin may be refused entry, seized at the border, assessed a monetary
penalty or subjected to a program of forced compliance.
Failure to follow import procedures constitutes a violation of US
import laws and regulations, thereby exposing a US importer to civil
and or criminal penalties. If the failure is willful, Customs may
assess an administrative penalty not to exceed $100,000.
Alternatively, if the failure is the result of a negligence, Customs
may assess an administrative penalty not to exceed $10,000."
From this it appears that this "Informed Compliance" type enforcement
of the import laws is done in a manner similar to the IRS where
individual enforcement is not possible, but the threat of an audit
keeps the majority of the tax filers within the rules and regulations.
Perhaps if enough people called 1 (800) BE ALERT [232-5378] to report
those companies that are selling instruments to consumers and
deliberately concealing the country of origin, those companies would
be subject to a compliance audit and the ensuing fines.
John