Hazardous Products and Materials 

U.S. Code > Title 15 > Chapter 30 > § 1272 - Publicity; reports; dissemination of information

(a) Delivery of samples to Commission; examination; refusal of
  admission
  The Secretary of the Treasury shall deliver to the Commission,
upon its request, samples of hazardous substances which are being
imported or offered for import into the United States, giving
notice thereof to the owner or consignee, who may appear before the
Commission and have the right to introduce testimony. If it appears
from the examination of such samples or otherwise that such
hazardous substance is a misbranded hazardous substance or banned
hazardous substance or in violation of section 1263(f) of this
title, then such hazardous substance shall be refused admission,
except as provided in subsection (b) of this section. The Secretary
of the Treasury shall cause the destruction of any such hazardous
substance refused admission unless such hazardous substance is
exported, under regulations prescribed by the Secretary of the
Treasury, within ninety days of the date of notice of such refusal
or within such additional time as may be permitted pursuant to such
regulations.
(b) Disposition of refused articles
  Pending decision as to the admission of a hazardous substance
being imported or offered for import, the Secretary of the Treasury
may authorize delivery of such hazardous substance to the owner or
consignee upon the execution by him of a good and sufficient bond
providing for the payment of such liquidated damages in the event
of default as may be required pursuant to regulations of the
Secretary of the Treasury. If it appears to the Commission that the
hazardous substance can, by relabeling or other action, be brought
into compliance with this chapter, final determination as to
admission of such hazardous substance may be deferred and, upon
filing of timely written application by the owner or consignee and
the execution by him of a bond as provided in the preceding
provisions of this subsection, the Secretary (!1) may, in
accordance with regulations, authorize the applicant to perform
such relabeling or other action specified in such authorization
(including destruction or export of rejected hazardous substances
or portions thereof, as may be specified in the Secretary's (!2)
authorization). All such relabeling or other action pursuant to
such authorization shall, in accordance with regulations, be under
the supervision of an officer or employee of the Commission
designated by the Secretary (!1), or an officer or employee of the
Department of the Treasury designated by the Secretary of the
Treasury.


(c) Expenses in connection with refused articles
  All expenses (including travel, per diem, or subsistence, and
salaries of officers or employees of the United States) in
connection with the destruction provided for in subsection (a) of
this section and the supervision of the relabeling or other action
authorized under the provisions of subsection (b) of this section,
the amount of such expenses to be determined in accordance with
regulations, and all expenses in connection with the storage,
cartage, or labor with respect to any hazardous substance refused
admission under subsection (a) of this section, shall be paid by
the owner or consignee and, in default of such payment, shall
constitute a lien against any future importations made by such
owner or consignee.
(d) Statement of exportation: filing period, information;
  notification of foreign country; petition for minimum filing
  period: good cause
  Not less than thirty days before any person exports to a foreign
country any misbranded hazardous substance or banned hazardous
substance, such person shall file a statement with the Commission
notifying the Commission of such exportation, and the Commission,
upon receipt of such statement, shall promptly notify the
government of such country of such exportation and the basis upon
which such substance is considered misbranded or has been banned
under this chapter. Any statement filed with the Commission under
the preceding sentence shall specify the anticipated date of
shipment of such substance, the country and port of destination of
such substance, and the quantity of such substance that will be
exported, and shall contain such other information as the
Commission may by regulation require. Upon petition filed with the
Commission by any person required to file a statement under this
subsection respecting an exportation, the Commission may, for good
cause shown, exempt such person from the requirement of this
subsection that such a statement be filed no less than thirty days
before the date of the exportation, except that in no case shall
the Commission permit such a statement to be filed later than the
tenth day before such date.

Legislative History

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