21 U.S.C. § 360mm — Imports

Page 410 TITLE 21—FOOD AND DRUGS § 360mm § 360mm. Imports (a) Refusal of admission to noncomplying elec- tronic 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 certifi- cation in the form of a label or tag in con- formity 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 prod- ucts which are being imported or offered for im- port into the United States, giving notice there- of to the owner or consignee, who may have a hearing before the Secretary of Health and Human Services. If it appears from an examina- tion of such samples or otherwise that any elec- tronic 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 un- less 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 re- fused 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 appli- cation by the owner or consignee and the execu- tion by him of a good and sufficient bond pro- viding for the payment of such liquidated dam- ages 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 per- form such operations with respect to such elec- tronic 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 de- struction provided for in subsection (a) of this section and the supervision of operations pro- vided for in subsection (b) of this section, and all expenses in connection with the storage, cart- age, or labor with respect to any electronic product refused admission pursuant to sub- section (a) of this section, shall be paid by the owner or consignee, and, in event of default, shall constitute a lien against any future impor- tations made by such owner or consignee. (d) Designation of agent for purposes of service It shall be the duty of every manufacturer of- fering an electronic product for importation into the United States to designate in writing an agent upon whom service of all administra- tive and judicial processes, notices, orders, deci- sions, and requirements may be made for and on behalf of said manufacturer, and to file such des- ignation with the Secretary, which designation may from time to time be changed by like writ- ing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon said manu- facturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon said manufac- turer, and in default of such designation of such agent, service of process, notice, order, require- ment, or decision in any proceeding before the Secretary or in any judicial proceeding for en- forcement of this part or any standards pre- scribed 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, § 536, formerly act July 1, 1944, ch. 373, title III, § 536, formerly § 360, as added Pub. L. 90–602, § 2(3), Oct. 18, 1968, 82 Stat. 1181; renumbered § 536 and amended Pub. L. 101–629, § 19(a)(1)(B), (2)(D), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 102–300, § 6(b)(1), June 16, 1992, 106 Stat. 240; Pub. L. 103–80, § 4(a)(2), Aug. 13, 1993, 107 Stat. 779.) Editorial Notes 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, § 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, § 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, § 19(a)(2)(D), substituted ‘‘section 360kk’’ for ‘‘section 263f’’. Subsec. (d). Pub. L. 101–629, § 19(a)(1)(B), substituted ‘‘this part’’ for ‘‘this subpart’’ in two places. Statutory Notes and Related Subsidiaries NONINTERFERENCE WITH OTHER FEDERAL AGENCIES Enactment of this section not to be construed to su- persede or limit the functions under any other provi- sion 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. § 360nn. Inspection, records, and reports (a) Inspection of premises If the Secretary finds for good cause that the methods, tests, or programs related to elec- tronic product radiation safety in a particular factory, warehouse, or establishment in which electronic products are manufactured or held, may not be adequate or reliable, officers or em-