15 U.S.C. § 2066 — Imported products

(a) Refusal of admission. A consumer product^* offered for import^* into the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule, must be refused admission if it—(1) does not comply with an applicable consumer-product-safety rule; (2) lacks a certificate required by this chapter or another Act enforced by the Commission^*, has a false certificate when the manufacturer^* had reason to know through due care that it was materially false or misleading, or lacks a label or certificate, including tracking labels, required under section 2063 or its rules; (3) is or has been found to be an imminently hazardous consumer product^* in a section 2061 proceeding; (4) has a defect that is a substantial product hazard within section 2064(a)(2); or (5) was made by a person whom the Commission told the Treasury Secretary is violating subsection (g). (b) Samples. On the Commission’s request, the Treasury Secretary must obtain without charge and give the Commission a reasonable number of samples of consumer products being offered for import. Except for an owner or consignee already given or previously given a hearing opportunity in a section 2061 proceeding about an imminently hazardous product, the Commission must give the owner or consignee a hearing opportunity under section 554 of title 5 about importing the products. If examination of the samples or other information shows that admission must be refused under (a), it must be refused unless (c) applies and is followed. (c) Modification. If the Commission believes a product that may be refused under (a) can be changed so it need not be refused under (a)(1) through (4), the Commission may postpone the final admission decision. Under regulations jointly agreed by the Commission and Treasury Secretary, it may allow the product to leave customs custody under bond so the owner or consignee can make the changes. (d) Supervision of modifications. All actions taken by an owner or consignee to modify the product under (c) are subject to the supervision of an officer or employee of the Commission and of the Department of the Treasury. If the Commission believes the product cannot be fixed or the owner or consignee is not making satisfactory progress, the product must be refused admission. The Commission may direct the Secretary to demand that it be returned to customs custody and seize it under section 2071(b) if it is not returned. (e) Product destruction. A product refused admission must be destroyed unless the Treasury Secretary, on application by the owner, consignee, or importer of record, allows export instead. If it is not exported within 90 days after export approval, it must be destroyed. (f) Payment of expenses occasioned by refusal of admission. The owner or consignee must pay all expenses connected with destruction under this section, including United States officers’ or employees’ travel, per diem or subsistence, and salaries, calculated under Treasury regulations. The owner or consignee must also pay storage, cartage, and labor expenses for a refused product. If unpaid, those expenses become a lien against the owner’s or consignee’s future imports. (g) Inspection and recordkeeping requirement. Manufacturers of imported products must comply with all applicable inspection and recordkeeping requirements under section 2065. The Commission must tell the Treasury Secretary about any manufacturer that does not comply. (h) Product surveillance program. (1) The Commission must establish and maintain a permanent surveillance program with appropriate Federal agencies. Its purposes are to carry out Commission responsibilities under this chapter and other Acts it administers and prevent unsafe consumer products from entering United States commerce^*. (2) The Commission may give cooperating agencies information, data, violator lists, test results, and other support, guidance, and documents needed or helpful for the program. (3) The Commission must periodically report the program’s results to the appropriate congressional committees^*.