§1273 Imports

Summary

The Treasury must give the Commission samples of hazardous substances being imported when asked, and must tell the owner or the person getting the shipment. That owner can appear and speak. If the sample shows the product is misbranded, banned, or breaks section 1263(f), the product must be refused entry. The Treasury will destroy refused goods unless they are exported within 90 days of the refusal notice or within more time allowed by rules. While a decision is pending, the Treasury may let the owner take the goods if they post a bond to cover possible damages. If the Commission thinks the problem can be fixed by relabeling or other action, it can delay the final decision and, after a timely written request and the bond, let the owner relabel, destroy, or export the goods under a government official’s supervision. All costs for destruction, supervision, storage, transport, labor, and related official travel and pay must be paid by the owner or receiver, and unpaid costs become a lien on future imports. At least 30 days before exporting a misbranded or banned hazardous substance, the exporter must file a statement with the Commission giving the ship date, destination country and port, quantity, and other required details. The Commission will promptly notify the foreign government and explain why the product is misbranded or banned. For good cause, the Commission can allow a shorter notice, but never less than 10 days before shipment.