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Consumer Product Safety Act
15 U.S.C. Section 2066
§ 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).
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