
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2612]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
 
Sec. 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.

(Pub. L. 94-469, title I, Sec. 13, Oct. 11, 1976, 90 Stat. 2034; 
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 
Stat. 2989; amended Pub. L. 100-418, title I, Sec. 1214(e)(2), Aug. 23, 
1988, 102 Stat. 1156; Pub. L. 102-550, title X, Sec. 1021(b)(4), Oct. 
28, 1992, 106 Stat. 3923.)

                       References in Text

    The Harmonized Tariff Schedule of the United States, referred to in 
subsec. (a), is not set out in the Code. See Publication of Harmonized 
Tariff Schedule note set out under section 1202 of Title 19, Customs 
Duties.


                               Amendments

    1992--Subsec. (a)(1)(B). Pub. L. 102-550 substituted ``section 2604 
of this title, 2605 of this title, or subchapter IV of this chapter'' 
for ``section 2604 or 2605 of this title'' in two places and ``section 
2604 of this title, 2606 of this title or subchapter IV of this 
chapter'' for ``section 2604 or 2606 of this title''.
    1988--Subsec. (a)(1). Pub. L. 100-418 substituted ``general note 2 
of the Harmonized Tariff Schedule of the United States'' for ``general 
headnote 2 to the Tariff Schedules of the United States'' in 
introductory text.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable 
with respect to articles entered on or after such date, see section 
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under 
section 3001 of Title 19, Customs Duties.
