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 Treasury to demand redelivery in the event any such imported product, fabric, or related material is delivered from customs custody under bond and fails to conform with an applicable flammability standard, and in the ab- sence of such redelivery to assert a claim for liquidated damages for breach of the bond, which damages shall not be less than 10 per centum of the value of the non- conforming merchandise if, within 5 years prior there- to, the importer has previously been assessed liq- uidated damages for failure to redeliver nonconforming goods in response to a demand by the Secretary for pro- visions which authorized the Commission to prohibit any person who had exported or who had attempted to export from any foreign country into the United States any wearing apparel or fabric which was so highly flammable as to be dangerous when worn by individuals from further participation in the exportation from any foreign country into the United States of any wearing apparel or fabric except upon filing bonds with the Sec- retary of the Treasury in a sum double the value of said products and any duty thereon, conditioned upon com- pliance with the provisions of this chapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Con- sumer Product Safety Commission, along with func- tions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. § 1199. Chapter as additional legislation The provisions of this chapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other law. If any provision of this chapter or the application thereof to any person or circumstances is held invalid the remainder of the chapter and the ap- plication of such provisions to any other person or circumstances shall not be affected thereby. (June 30, 1953, ch. 164, § 10, 67 Stat. 115.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Con- sumer Product Safety Commission, along with func- tions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. § 1200. Persons excluded from operation of chap- ter The provisions of this chapter shall not apply (a) to any common carrier, contract carrier, or freight forwarder in transporting a product, fab- ric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business; (b) to any converter, processor, or finisher in performing a contract or commis- sion service for the account of a person subject to the provisions of this chapter: Provided, That said converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this chapter contrary to the terms of the contract or commission service; or (c) to any product, fabric, or related material shipped or delivered for shipment into com- merce for the purpose of finishing or processing such product, fabric, or related material so that it conforms with applicable flammability stand- ards issued or amended under the provisions of section 1193 of this title. (June 30, 1953, ch. 164, § 11, 67 Stat. 115; Pub. L. 90–189, § 8, Dec. 14, 1967, 81 Stat. 573.) Editorial Notes AMENDMENTS 1967—Pub. L. 90–189 substituted ‘‘in transporting a product, fabric, or related material’’ for ‘‘with respect to an article of wearing apparel or fabric’’, ‘‘product, fabric, or related material’’ for ‘‘article of wearing ap- parel or fabric’’ in two places, and ‘‘such product, fab- ric, or related material so that it conforms with appli- cable flammability standards issued or amended under the provisions of section 1193 of this title’’ for ‘‘to render such article or fabric not so highly flammable, under the provisions of section 1193 of this title, as to be dangerous when worn by individuals’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Con- sumer Product Safety Commission, along with func- tions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate