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15 U.S.C. § 1273Imports

submitted 66 years ago by Pub. L. 86-613 to r/title-15-COMMERCE-AND-TRADE · 738 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury Secretary must provide requested import samples to the Commission and refuse admission to substances that are misbranded, banned, or otherwise violate this chapter. The section allows supervised correction, requires owners or consignees to pay expenses, and requires advance notice of certain exports.

(a) On request, the Treasury Secretary must deliver samples of hazardous substances imported or offered for import to the Commission and notify the owner or consignee, who may appear and present testimony. If examination or other information shows a “misbranded hazardous substance,” “banned hazardous substance,” or violation of section 1263(f), admission must be refused, subject to (b). The Secretary must destroy a refused substance unless it is exported under regulations within 90 days after refusal notice or allowed additional time. This section does not define the quoted terms.\n\n(b) Pending an admission decision, the Secretary may release the substance to the owner or consignee upon a sufficient bond for regulatory “liquidated damages” if the person defaults. If relabeling or other action could make it compliant, the Commission may defer the decision. After timely written application and the required bond, the Secretary may authorize the specified action, including destruction or export of rejected substances or parts. A designated Commission or Treasury officer or employee must supervise it under regulations. This section does not define “liquidated damages.”\n\n(c) The owner or consignee must pay all destruction, supervision, storage, cartage, and labor expenses, including United States officers’ and employees’ travel, per diem or subsistence, and salaries, as set by regulation. Unpaid expenses become a lien on that person’s future imports.\n\n(d) At least 30 days before exporting a misbranded or banned substance, a person must file a Commission statement. The Commission must promptly notify the foreign government of the export and the basis for the classification. The statement must give expected shipment date, destination country and port, quantity, and other required information. For good cause on petition, the Commission may excuse the 30-day period, but never permit filing later than the 10th day before export.
the actual law source: uscode.house.gov ↗public domain
(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 Secretary 1 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 Secretary’s 2 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 Secretary 1, 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 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.

Source credit: (Pub. L. 86–613, § 14, July 12, 1960, 74 Stat. 379; Pub. L. 89–756, §§ 2(i), 3(e), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 95–631, § 7(c), Nov. 10, 1978, 92 Stat. 3746; Pub. L. 110–314, title II, § 204(b)(4)(D), (F)–(I), Aug. 14, 2008, 122 Stat. 3042.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-613 · 74 Stat. 379
  • 1966Amended · Pub. L. 89-756 · 80 Stat. 1304, 1305
  • 1978Amended · Pub. L. 95-631 · 92 Stat. 3746
  • 2008Amended · Pub. L. 110-314 · 122 Stat. 3042

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-613 on 1960-07-12.

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