1 importer of such motor vehicle or motor vehicle equipment, 2 to the effect that such vehicle or equipment conforms to all 3 applicable Federal motor vehicle safety standards, unless 4 such person knows that such vehicle or equipment does not so 5 conform. Paragraph (3) of subsection (a) shall not apply 6 to any person who establishes that he did not know or have 7 reason to know in the exercise of due care that such vehicle 8 or item of motor vehicle equipment was not in conformity 9 with such standard. 10 (2) A motor vehicle or item of motor vehicle equip11 ment offered for importation in violation of paragraph (1) 12 of subsection (a) shall be refused admission into the United 13 States under joint regulations issued by the Secretary of the Treasury and the Secretary; except that the Secretary of 15 the Treasury and the Secretary may, by such regulations, 16 provide for authorizing the importation of such motor vehicle 14 17 18 19 20 21 22 23 24 25 or item of motor vehicle equipment into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such motor vehicle or item of motor vehicle equipment will be brought into conformity with any applicable Federal motor vehicle safety standard prescribed under this title, or will be exported or abandoned to the United States. (3) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the temporary importation 1 of any motor vehicle or item of motor vehicle equipment, 2 after the first purchase of it in good faith for purposes other 3 than resale, notwithstanding paragraph (2) of this subsec4 tion. 5 (4) Paragraph (1) of subsection (a) shall not apply 6 in the case of a motor vehicle or item of motor vehicle 7 equipment that is intended solely for export, and so labeled 8 or tagged on the vehicle or item itself and on the outside of 9 the container, if any, and is exported. 10 CIVIL PENALTY 11 SEC. 110. (a) Any person who violates any provision 12 13 14 of section 109, or any regulation issued thereunder, shall be subject to a civil penalty which may be recoverable in a civii action brought by the Attorney General in a United States 15 district court in the name of the United States, of not to ex16 ceed $1,000 for each such violation except that for each such person the maximum civil penalty shall not exceed $100,000 17 18 for any related series of violations. Such violation of a pro19 vision of section 109, or such regulations issued thereunder, shall constitute a separate violation with respect to cach 20 21 22 23 24 motor vehicle or item of motor vehicle equipment or with respect to each failure or refusal to allow or perform an act required thereby. (b) Any such civil penalty may be compromised by 25 the Secretary. In determining the amount of such penalty, 1 2 or the amount agreed upon in compromise, the appropriate ness of such penalty to the size of the business of the person 3 charged and the gravity of the violation shall be considered. 4 The amount of such penalty, when finally determined, or the 5 amount agreed upon in compromise, may be deducted from 6 7 any sums owing by the United States to the person charged. INJUNCTION 8 SEC. 111. (a) The United States district courts shall 9 have jurisdiction, for cause shown and subject to the provi10 sions of rule 65 (a) and (b) of the Federal Rules of Civil 11 Procedure, to restrain violations of this title, or to restrain the 12 sale, offer for sale, or the introduction or delivery for intro13 duction, in interstate commerce, or the importation into the 14 United States, of any motor vehicle or item of motor vehicle 15 equipment which is determined, prior to the first purchase 16 of such vehicle in good faith for purposes other than resale, not to conform to applicable Federal motor vehicle safety 18 standards prescribed pursuant to this title, upon petition by the Attorney General on behalf of the United States, Il'hen 17 19 20 21 ever practicable, the Secretary shall give notice to the con templated defendant and afford him an opportunity to present 22 his views, and, except in the case of a knowing and willful 23 violation, shall afford him opportunity to achieve compliance. 24 The failure to give such notice and afford such opportunity 25 shall not preclude the granting of appropriate relief. 1 (b) In any proceeding for criminal contempt for viola2 tion of an order, injunction, or restraining order issued under 3 this section, which violation also constitutes a violation of this 4 title, trial shall be by the court or, upon demand of the 5 accused, by a jury. Such trial shall be conducted in accord6 ance with the practice and procedure applicable in the case 7 of proceedings subject to the provisions of rule 42(b) of the 8 Federal Rules of Criminal Procedure. 9 JURISDICTION AND VENUE 10 SEC. 112. (a) Actions under sections 110(a) and 11 111(a) may be brought in the district wherein any act or 12 transaction constituting the violation occurred, or in the dis13 trict wherein the defendant is found or is an inhabitant or 14 transacts business, and process in such cases may be served 15 in any other district of which the defendant is an inhabitant or wherever the defendant may be found. 16 17 (b) In any action brought under section 110(a) or 18 section 111(a), subpoenas for witnesses who are required to 19 attend a United States district court may run into any other 20 district. 21 22 (c) It shall be the duty of every manufacturer offering a motor vehicle or item of motor vehicle equipment for impor23 tation into the United States to designate in writing an agent 24 25 upon whom service of all administrative and judicial proc esses, notices, orders, decisions and requirements may be 1 made for and on behalf of said importer, and to file such 2 designation with the Secretary, which designation may from 3 time to time be changed by like writing, similarly filed. 4 Service of all administrative and judicial processes, notices, 5 orders, decisions and requirements may be made upon said 6 importer by service upon such designated agent at his office 7 or usual place of residence with like effect as if made per8 sonally upon said importer, and in default of such designa9 tion of such agent, service of process, notice, order, require10 ment or decision in any proceeding before the Secretary or 11 in any judicial proceeding for enforcement of this title or any standards prescribed pursuant to this title may be made 13 by posting such process, notice, order, requirement or deci14 sion in the Office of the Secretary. 12 15 APPLICATION OF ANTITRUST LAW'S 16 SEC. 113. Nothing contained herein shall be deemed 17 to exempt from the antitrust laws of the United States any 18 conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States 19 20 21 22 23 23 any conduct that would be lawful under such laws, INSPECTION AND TESTING FOR COMPLIANCE: RECORDS AND REPORTS SEC. 114. (a) The Secretary is authorized to conduct 24 such testing, inspection, and investigation as he deems neces 25 sary to aid in the enforcement of Federal vehicle safety |