
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC360mm]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                     SUBCHAPTER V--DRUGS AND DEVICES
 
              Part C--Electronic Product Radiation Control
 
Sec. 360mm. Imports


(a) Refusal of admission to noncomplying electronic products

    Any electronic product offered for importation into the United 
States which fails to comply with an applicable standard prescribed 
under this part, or to which is not affixed a certification in the form 
of a label or tag in conformity with section 360kk(h) of this title 
shall be refused admission into the United States. The Secretary of the 
Treasury shall deliver to the Secretary of Health and Human Services, 
upon the latter's request, samples of electronic products which are 
being imported or offered for import into the United States, giving 
notice thereof to the owner or consignee, who may have a hearing before 
the Secretary of Health and Human Services. If it appears from an 
examination of such samples or otherwise that any electronic product 
fails to comply with applicable standards prescribed pursuant to section 
360kk of this title, then, unless subsection (b) of this section applies 
and is complied with, (1) such electronic product shall be refused 
admission, and (2) the Secretary of the Treasury shall cause the 
destruction of such electronic product unless such article is exported, 
under regulations prescribed by the Secretary of the Treasury, within 90 
days after the date of notice of refusal of admission or within such 
additional time as may be permitted by such regulations.

(b) Bond

    If it appears to the Secretary of Health and Human Services that any 
electronic product refused admission pursuant to subsection (a) of this 
section can be brought into compliance with applicable standards 
prescribed pursuant to section 360kk of this title, final determination 
as to admission of such electronic product may be deferred upon filing 
of timely written application by the owner or consignee and the 
execution by him of a good and sufficient bond providing for the payment 
of such liquidated damages in the event of default as the Secretary of 
Health and Human Services may by regulation prescribe. If such 
application is filed and such bond is executed the Secretary of Health 
and Human Services may, in accordance with rules prescribed by him, 
permit the applicant to perform such operations with respect to such 
electronic product as may be specified in the notice of permission.

(c) Liability of owner or consignee for expenses connected with refusal 
        of admission

    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 operations provided for in subsection (b) of this 
section, and all expenses in connection with the storage, cartage, or 
labor with respect to any electronic product refused admission pursuant 
to subsection (a) of this section, shall be paid by the owner or 
consignee, and, in event of default, shall constitute a lien against any 
future importations made by such owner or consignee.

(d) Designation of agent for purposes of service

    It shall be the duty of every manufacturer offering an electronic 
product for importation into the United States to designate in writing 
an agent upon whom service of all administrative and judicial processes, 
notices, orders, decisions, and requirements may be made for and on 
behalf of said manufacturer, and to file such designation with the 
Secretary, which designation may from time to time be changed by like 
writing, similarly filed. Service of all administrative and judicial 
processes, notices, orders, decisions, and requirements may be made upon 
said manufacturer by service upon such designated agent at his office or 
usual place of residence with like effect as if made personally upon 
said manufacturer, and in default of such designation of such agent, 
service of process, notice, order, requirement, or decision in any 
proceeding before the Secretary or in any judicial proceeding for 
enforcement of this part or any standards prescribed pursuant to this 
part may be made by posting such process, notice, order, requirement, or 
decision in the Office of the Secretary or in a place designated by him 
by regulation.

(June 25, 1938, ch. 675, Sec. 536, formerly act July 1, 1944, ch. 373, 
title III, Sec. 536, formerly Sec. 360, as added Pub. L. 90-602, 
Sec. 2(3), Oct. 18, 1968, 82 Stat. 1181; renumbered Sec. 536 and amended 
Pub. L. 101-629, Sec. 19(a)(1)(B), (2)(D), (3), (4), Nov. 28, 1990, 104 
Stat. 4529, 4530; Pub. L. 102-300, Sec. 6(b)(1), June 16, 1992, 106 
Stat. 240; Pub. L. 103-80, Sec. 4(a)(2), Aug. 13, 1993, 107 Stat. 779.)

                          Codification

    Section was classified to section 263h of Title 42, The Public 
Health and Welfare, prior to renumbering by Pub. L. 101-629.


                               Amendments

    1993--Pub. L. 103-80 amended directory language of Pub. L. 101-629, 
Sec. 19(a)(4), which renumbered section 263h of Title 42, The Public 
Health and Welfare, as this section.
    1992--Subsecs. (a), (b). Pub. L. 102-300 substituted ``Health and 
Human Services'' for ``Health, Education, and Welfare'' wherever 
appearing.
    1990--Subsec. (a). Pub. L. 101-629, Sec. 19(a)(1)(B), (2)(D), 
substituted ``this part'' for ``this subpart'', ``section 360kk(h)'' for 
``section 263f(h)'', and ``section 360kk'' for ``section 263f''.
    Subsec. (b). Pub. L. 101-629, Sec. 19(a)(2)(D), substituted 
``section 360kk'' for ``section 263f''.
    Subsec. (d). Pub. L. 101-629, Sec. 19(a)(1)(B), substituted ``this 
part'' for ``this subpart'' in two places.


               Noninterference With Other Federal Agencies

    Enactment of this section not to be construed to supersede or limit 
the functions under any other provision of law of any officer or agency 
of the United States, see section 4 of Pub. L. 90-602, set out as a note 
under section 360hh of this title.
