Page:United States Statutes at Large Volume 86.djvu/1265

 86 STAT. ]

PUBLIC LAW 92-573-OCT. 27, 1972

1223

relevant to determining whether such manufacturer, private labeler, or distributor has acted or is acting in compliance with this Act and rules under this Act. IMPORTED PRODUCTS

'SEC. 17. (a) Any consumer product offered for importation into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules 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 14, or is not labeled in accordance with regulations under section 14 I(3) is or has been determined to be an imminently hazardous consumer product in a proceeding brought under section 1*2; (4) has a product defect which constitutes a substantial product hazard (within the meaning of section 15(a)(2)); 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). (b) 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 12 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 of the United States Code 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 m u ^ be refused admission under the terms of subsection (a), such product shall be refused admission, unless subsection (c) of this section applies and is complied with. (c) If it appears to the Commission that any consumer product which may be refused admission pursuant to supsection (a) of this section can be so modified that it need not (under the terms of paragraphs (1) through (4) of subsection (a)) 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) All actions taken by an owner or consignee to m^odify such product under subsection (c) 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 22(b) if it is not so redelivered. (e) 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 2-081 O - 73 - 80

77A Stat. 11. 19 USC 1202.

Samples.

80 Stat. 384. Admission refusal.

Modification.

Supervision.

Destruction.

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