§ 2612. — Entry into customs territory of the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2612]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2612. Entry into customs territory of the United States
(a) In general
(1) The Secretary of the Treasury shall refuse entry into the
customs territory of the United States (as defined in general note 2 of
the Harmonized Tariff Schedule of the United States) of any chemical
substance, mixture, or article containing a chemical substance or
mixture offered for such entry if--
(A) it fails to comply with any rule in effect under this
chapter, or
(B) it is offered for entry in violation of section 2604 of this
title, 2605 of this title, or subchapter IV of this chapter, a rule
or order under section 2604 of this title, 2605 of this title, or
subchapter IV of this chapter, or an order issued in a civil action
brought under section 2604 of this title, 2606 of this title or
subchapter IV of this chapter.
(2) If a chemical substance, mixture, or article is refused entry
under paragraph (1), the Secretary of the Treasury shall notify the
consignee of such entry refusal, shall not release it to the consignee,
and shall cause its disposal or storage (under such rules as the
Secretary of the Treasury may prescribe) if it has not been exported by
the consignee within 90 days from the date of receipt of notice of such
refusal, except that the Secretary of the Treasury may, pending a review
by the Administrator of the entry refusal, release to the consignee such
substance, mixture, or article on execution of bond for the amount of
the full invoice of such substance, mixture, or article (as such value
is set forth in the customs entry), together with the duty thereon. On
failure to return such substance, mixture, or article for any cause to
the custody of the Secretary of the Treasury when demanded, such
consignee shall be liable to the United States for liquidated damages
equal to the full amount of such bond. All charges for storage, cartage,
and labor on and for disposal of substances, mixtures, or articles which
are refused entry or release under this section shall be paid by the
owner or consignee, and in default of such payment shall constitute a
lien against any future entry made by such owner or consignee.
(b) Rules
The Secretary of the Treasury, after consultation with the
Administrator, shall issue rules for the administration of subsection
(a) of this section.
(Pub. L. 94-469, title I, Sec. 13, Oct. 11, 1976, 90 Stat. 2034;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989; amended Pub. L. 100-418, title I, Sec. 1214(e)(2), Aug. 23,
1988, 102 Stat. 1156; Pub. L. 102-550, title X, Sec. 1021(b)(4), Oct.
28, 1992, 106 Stat. 3923.)
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
1992--Subsec. (a)(1)(B). Pub. L. 102-550 substituted ``section 2604
of this title, 2605 of this title, or subchapter IV of this chapter''
for ``section 2604 or 2605 of this title'' in two places and ``section
2604 of this title, 2606 of this title or subchapter IV of this
chapter'' for ``section 2604 or 2606 of this title''.
1988--Subsec. (a)(1). 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'' in
introductory text.
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.
