§ 2066. — Imported products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2066]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2066. Imported products
(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 section 2063
of this title, or is not labeled in accordance with regulations
under section 2063(c) of this title;
(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 under this section must be exported, except that upon
application, the Secretary of the Treasury may permit the destruction of
the product in lieu of exportation. If the owner or consignee does not
export the product within a reasonable time, the Department of the
Treasury may destroy the product.
(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) Importation conditioned upon manufacturer's compliance
The Commission may, by rule, condition the importation of a consumer
product on the manufacturer's compliance with the inspection and
recordkeeping requirements of this chapter and the Commission's rules
with respect to such requirements.
(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 Congress the
results of the surveillance program under paragraph (1).
(Pub. L. 92-573, Sec. 17, Oct. 27, 1972, 86 Stat. 1223; Pub. L. 100-418,
title I, Sec. 1214(d), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101-608,
title I, Sec. 114, Nov. 16, 1990, 104 Stat. 3118.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a), is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of Title 19, Customs
Duties.
Amendments
1990--Subsec. (h). Pub. L. 101-608 added subsec. (h).
1988--Subsec. (a). Pub. L. 100-418 substituted ``general note 2 of
the Harmonized Tariff Schedule of the United States'' for ``general
headnote 2 to the Tariff Schedules of the United States''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
