Current as of: February 2010 (a) Refusal of admission
Any consumer product offered for importation into the customs
territory of the United States (as defined in general note 2 of the
Harmonized Tariff Schedule of the United States) shall be refused
admission into such customs territory if such product -
(1) fails to comply with an applicable consumer product safety
rule;
(2) is not accompanied by a certificate required by this
chapter or any other Act enforced by the Commission, or is
accompanied by a false certificate, if the manufacturer in the
exercise of due care has reason to know that the certificate is
false or misleading in any material respect, or is not
accompanied by any label or certificate (including tracking
labels) required under section 2063 of this title or any rule or
regulation under such section;
(3) is or has been determined to be an imminently hazardous
consumer product in a proceeding brought under section 2061 of
this title;
(4) has a product defect which constitutes a substantial
product hazard (within the meaning of section 2064(a)(2)) of this
title; or
(5) is a product which was manufactured by a person who the
Commission has informed the Secretary of the Treasury is in
violation of subsection (g) of this section.
(b) Samples
The Secretary of the Treasury shall obtain without charge and
deliver to the Commission, upon the latter's request, a reasonable
number of samples of consumer products being offered for import.
Except for those owners or consignees who are or have been afforded
an opportunity for a hearing in a proceeding under section 2061 of
this title with respect to an imminently hazardous product, the
owner or consignee of the product shall be afforded an opportunity
by the Commission for a hearing in accordance with section 554 of
title 5 with respect to the importation of such products into the
customs territory of the United States. If it appears from
examination of such samples or otherwise that a product must be
refused admission under the terms of subsection (a) of this
section, such product shall be refused admission, unless subsection
(c) of this section applies and is complied with.
(c) Modification
If it appears to the Commission that any consumer product which
may be refused admission pursuant to subsection (a) of this section
can be so modified that it need not (under the terms of paragraphs
(1) through (4) of subsection (a) of this section) be refused
admission, the Commission may defer final determination as to the
admission of such product and, in accordance with such regulations
as the Commission and the Secretary of the Treasury shall jointly
agree to, permit such product to be delivered from customs custody
under bond for the purpose of permitting the owner or consignee an
opportunity to so modify such product.
(d) Supervision of modifications
All actions taken by an owner or consignee to modify such product
under subsection (c) of this section shall be subject to the
supervision of an officer or employee of the Commission and of the
Department of the Treasury. If it appears to the Commission that
the product cannot be so modified or that the owner or consignee is
not proceeding satisfactorily to modify such product, it shall be
refused admission into the customs territory of the United States,
and the Commission may direct the Secretary to demand redelivery of
the product into customs custody, and to seize the product in
accordance with section 2071(b) of this title if it is not so
redelivered.
(e) Product destruction
Products refused admission into the customs territory of the
United States shall be destroyed unless, upon application by the
owner, consignee, or importer of record, the Secretary of the
Treasury permits the export of the product in lieu of destruction.
If the owner, consignee, or importer of record does not export the
product within 90 days of approval to export, such product shall be
destroyed.
(f) Payment of expenses occasioned by refusal of admission
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 this section (the
amount of such expenses to be determined in accordance with
regulations of the Secretary of the Treasury) and all expenses in
connection with the storage, cartage, or labor with respect to any
consumer product refused admission under 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.
(g) Inspection and recordkeeping requirement
Manufacturers of imported products shall be in compliance with
all inspection and recordkeeping requirements under section 2065 of
this title applicable to such products, and the Commission shall
advise the Secretary of the Treasury of any manufacturer who is not
in compliance with all inspection and recordkeeping requirements
under section 2065 of this title.
(h) Product surveillance program
(1) The Commission shall establish and maintain a permanent
product surveillance program, in cooperation with other appropriate
Federal agencies, for the purpose of carrying out the Commission's
responsibilities under this chapter and the other Acts administered
by the Commission and preventing the entry of unsafe consumer
products into the commerce of the United States.
(2) The Commission may provide to the agencies with which it is
cooperating under paragraph (1) such information, data, violator
lists, test results, and other support, guidance, and documents as
may be necessary or helpful for such agencies to cooperate with the
Commission to carry out the product surveillance program under
paragraph (1).
(3) The Commission shall periodically report to the appropriate
Congressional committees the results of the surveillance program
under paragraph (1).Legislative History ________________________________________________________________________
Questions & Answers: Consumer ProtectionU.S. Code Provisions: Consumer ProtectionState Laws: Consumer Protection
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