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U.S. Code as of:
01/19/04
Section 2612. Entry into customs territory of the United States
(a) In general
(1) The Secretary of the Treasury shall refuse entry into the
customs territory of the United States (as defined in general note
2 of the Harmonized Tariff Schedule of the United States) of any
chemical substance, mixture, or article containing a chemical
substance or mixture offered for such entry if -
(A) it fails to comply with any rule in effect under this
chapter, or
(B) it is offered for entry in violation of section 2604 of
this title, 2605 of this title, or subchapter IV of this chapter,
a rule or order under section 2604 of this title, 2605 of this
title, or subchapter IV of this chapter, or an order issued in a
civil action brought under section 2604 of this title, 2606 of
this title or subchapter IV of this chapter.
(2) If a chemical substance, mixture, or article is refused entry
under paragraph (1), the Secretary of the Treasury shall notify the
consignee of such entry refusal, shall not release it to the
consignee, and shall cause its disposal or storage (under such
rules as the Secretary of the Treasury may prescribe) if it has not
been exported by the consignee within 90 days from the date of
receipt of notice of such refusal, except that the Secretary of the
Treasury may, pending a review by the Administrator of the entry
refusal, release to the consignee such substance, mixture, or
article on execution of bond for the amount of the full invoice of
such substance, mixture, or article (as such value is set forth in
the customs entry), together with the duty thereon. On failure to
return such substance, mixture, or article for any cause to the
custody of the Secretary of the Treasury when demanded, such
consignee shall be liable to the United States for liquidated
damages equal to the full amount of such bond. All charges for
storage, cartage, and labor on and for disposal of substances,
mixtures, or articles which are refused entry or release under this
section shall be paid by the owner or consignee, and in default of
such payment shall constitute a lien against any future entry made
by such owner or consignee.
(b) Rules
The Secretary of the Treasury, after consultation with the
Administrator, shall issue rules for the administration of
subsection (a) of this section.
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