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15 U.S.C. § 1198 — Shipments from foreign countries; demand for redelivery; claim for liquidated damages

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1198 — Shipments from foreign countries; demand for redelivery; claim for liquidated damages

An imported product, fabric, or related material to which flammability standards under this chapter are applicable shall not be delivered from customs custody except as provided in [section 1499 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1499&num=0&edition=prelim). In the event an imported product, fabric, or related material is delivered from customs custody under bond, as provided in [section 1499 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1499&num=0&edition=prelim) and fails to conform with an applicable flammability standard in effect on the date of entry of such merchandise, the Secretary of the Treasury shall demand redelivery and in the absence thereof shall assert a claim for liquidated damages for breach of a condition of the bond arising out of such failure to conform or redeliver in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. When asserting a claim for liquidated damages against an importer for failure to redeliver such nonconforming goods, the liquidated damages shall be not less than 10 per centum of the value of the nonconforming merchandise if, within five years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand from the Secretary of the Treasury as set forth above.

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Source location: Title 15, Chapter 25, § 1198; chapter-025-flammable-fabrics.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2079 — Transfers of functions

**(a) Hazardous substances and poisons** The functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act [[15 U.S.C. 1261](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261&num=0&edition=prelim) et seq.] and the Poison Prevention Packaging Act of 1970 [[15 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Secretary of Health, Education, and Welfare under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission. **(b) Flammable fabrics** The functions of the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act [[15 U.S.C. 1191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1191&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Federal Trade Commission under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Flammable Fabrics Act, are transferred to the Commission. **(c) Household refrigerators** The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of August 2, 1956 [[15 U.S.C. 1211](https://uscode.house.gov/view.xhtml?req=granuleid:

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1499 — Examination of merchandise

**(a) Entry examination** (1) **In general** — Imported merchandise that is required by law or regulation to be inspected, examined, or appraised shall not be delivered from customs custody (except under such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs Service is authorized to enforce) until the merchandise has been inspected, appraised, or examined and is reported by the Customs Service to have been truly and correctly invoiced and found to comply with the requirements of the laws of the United States. (2) **Examination** — The Customs Service— (A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to be opened and examined for the purpose of appraisement or otherwise; (B) shall order such packages or quantities to be sent to such place as is designated by the Secretary by regulation for such purpose; (C) may require such additional packages or quantities as the Secretary considers necessary for such purpose; and (D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service. (3) **Unspecified articles** — If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry— (A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or (B) without fraudulent intent, the value of the article shall be added to the entry and the

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1198 — Shipments from foreign countries; de-

Page 1352 TITLE 15—COMMERCE AND TRADE § 1198 § 1198. Shipments from foreign countries; de- mand for redelivery; claim for liquidated damages An imported product, fabric, or related mate- rial to which flammability standards under this chapter are applicable shall not be delivered from customs custody except as provided in sec- tion 1499 of title 19. In the event an imported product, fabric, or related material is delivered from customs custody under bond, as provided in section 1499 of title 19 and fails to conform with an applicable flammability standard in effect on the date of entry of such merchandise, the Sec- retary of the Treasury shall demand redelivery and in the absence thereof shall assert a claim for liquidated damages for breach of a condition of the bond arising out of such failure to con- form or redeliver in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. When asserting a claim for liq- uidated damages against an importer for failure to redeliver such nonconforming goods, the liq- uidated damages shall be not less than 10 per centum of the value of the nonconforming mer- chandise if, within five years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand from the Sec- retary of the Treasury as set forth above. (June 30, 1953, ch. 164, § 9, 67 Stat. 114; Pub. L. 90–189, § 7, Dec. 14, 1967, 81 Stat. 572.) Editorial Notes AMENDMENTS 1967—Pub. L. 90–189 substituted provisions prohibiting the delivery from customs of imported products, fab- rics, or related materials to which flammability stand- ards are applicable, except as provided in section 1499 of title 19, and requiring the Secretary of the Treasur

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