§ 1198. — Shipments from foreign countries; demand for redelivery; claim for liquidated damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1198]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1198. Shipments from foreign countries; demand for
redelivery; claim for liquidated damages
An imported product, fabric, or related material to which
flammability standards under this chapter are applicable shall not be
delivered from customs custody except as provided in section 1499 of
title 19. In the event an imported product, fabric, or related material
is delivered from customs custody under bond, as provided in section
1499 of title 19 and fails to conform with an applicable flammability
standard in effect on the date of entry of such merchandise, the
Secretary of the Treasury shall demand redelivery and in the absence
thereof shall assert a claim for liquidated damages for breach of a
condition of the bond arising out of such failure to conform or
redeliver in accordance with regulations prescribed by the Secretary of
the Treasury or his delegate. When asserting a claim for liquidated
damages against an importer for failure to redeliver such nonconforming
goods, the liquidated damages shall be not less than 10 per centum of
the value of the nonconforming merchandise if, within five years prior
thereto, the importer has previously been assessed liquidated damages
for failure to redeliver nonconforming goods in response to a demand
from the Secretary of the Treasury as set forth above.
(June 30, 1953, ch. 164, Sec. 9, 67 Stat. 114; Pub. L. 90-189, Sec. 7,
Dec. 14, 1967, 81 Stat. 572.)
Amendments
1967--Pub. L. 90-189 substituted provisions prohibiting the delivery
from customs of imported products, fabrics, or related materials to
which flammability standards are applicable, except as provided in
section 1499 of title 19, and requiring the Secretary of the Treasury to
demand redelivery in the event any such imported product, fabric, or
related material is delivered from customs custody under bond and fails
to conform with an applicable flammability standard, and in the absence
of such redelivery to assert a claim for liquidated damages for breach
of the bond, which damages shall not be less than 10 per centum of the
value of the nonconforming merchandise if, within 5 years prior thereto,
the importer has previously been assessed liquidated damages for failure
to redeliver nonconforming goods in response to a demand by the
Secretary for provisions which authorized the Commission to prohibit any
person who had exported or who had attempted to export from any foreign
country into the United States any wearing apparel or fabric which was
so highly flammable as to be dangerous when worn by individuals from
further participation in the exportation from any foreign country into
the United States of any wearing apparel or fabric except upon filing
bonds with the Secretary of the Treasury in a sum double the value of
said products and any duty thereon, conditioned upon compliance with the
provisions of this chapter.
Transfer of Functions
Functions of Secretary of Health, Education, and Welfare, Secretary
of Commerce, and Federal Trade Commission under this chapter transferred
to Consumer Product Safety Commission, along with functions of Federal
Trade Commission under Federal Trade Commission Act, to extent such
functions relate to administration and enforcement of this chapter, see
section 2079 of this title.
