§ 1273. — Imports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1273]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 1273. Imports
(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 Commission 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 Commission's 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 Commission, 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 Consumer Product
Safety Commission (hereinafter in this section referred to as 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.
(Pub. L. 86-613, Sec. 14, July 12, 1960, 74 Stat. 379; Pub. L. 89-756,
Secs. 2(i), 3(e), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 92-573,
Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 95-631, Sec. 7(c),
Nov. 10, 1978, 92 Stat. 3746.)
Amendments
1978--Subsec. (d). Pub. L. 95-631 added subsec. (d).
1966--Subsec. (a). Pub. L. 89-756 substituted ``a misbranded
hazardous substance or banned hazardous substance'' for ``in misbranded
packages''.
Transfer of Functions
``Commission'' substituted for ``Secretary of Health, Education, and
Welfare'', ``Department of Health, Education, and Welfare'', and
``Secretary'', ``Commission's'' substituted for ``Secretary's'', and
``its'' substituted for ``his'' wherever appearing in subsecs. (a) and
(b) pursuant to section 30(a) of Pub. L. 92-573, which is classified to
section 2079(a) of this title and which transferred functions of
Secretary of Health, Education, and Welfare under this chapter to
Consumer Product Safety Commission.
Section Referred to in Other Sections
This section is referred to in sections 1263, 1269 of this title.
