15 U.S.C. § 2612 — Entry into customs territory of the United

Page 1883 TITLE 15—COMMERCE AND TRADE § 2612 lished under subparagraph (B) for disposal that occurred after June 22, 2016, and shall submit to Congress a report that— (i) describes volumes and sources of mer- cury compounds on the list published under subparagraph (B) exported for dis- posal; (ii) identifies receiving countries of such exports; (iii) describes methods of disposal used after such export; (iv) identifies issues, if any, presented by the export of mercury compounds on the list published under subparagraph (B); (v) includes an evaluation of manage- ment options in the United States for mer- cury compounds on the list published under subparagraph (B), if any, that are commercially available and comparable in cost and efficacy to methods being utilized in such receiving countries; and (vi) makes a recommendation regarding whether Congress should further limit or prohibit the export of mercury compounds on the list published under subparagraph (B) for disposal. (F) Effect on other law Nothing in this paragraph shall be con- strued to affect the authority of the Admin- istrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (Pub. L. 94–469, title I, § 12, Oct. 11, 1976, 90 Stat. 2033; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 110–414, § 4, Oct. 14, 2008, 122 Stat. 4342; Pub. L. 114–182, title I, §§ 10(a), (b), 19(k), June 22, 2016, 130 Stat. 477, 508.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (c)(7)(F), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6901 of Title 42 and Tables. AMENDMENTS 2016—Subsec. (a)(2). Pub. L. 114–182, § 10(a), sub- stituted ‘‘presents’’ for ‘‘will present’’. Subsec. (b)(1). Pub. L. 114–182, § 19(k), substituted ‘‘in- formation’’ for ‘‘data’’ in two places. Subsec. (c). Pub. L. 114–182, § 10(b)(1), inserted ‘‘and mercury compounds’’ after ‘‘mercury’’ in heading. Subsec. (c)(7). Pub. L. 114–182, § 10(b)(2), added par. (7). 2008—Subsec. (a)(1). Pub. L. 110–414, § 4(1), substituted ‘‘subsections (b) and (c)’’ for ‘‘subsection (b)’’ in intro- ductory provisions. Subsec. (c). Pub. L. 110–414, § 4(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. FINDINGS Pub. L. 110–414, § 2, Oct. 14, 2008, 122 Stat. 4341, pro- vided that: ‘‘Congress finds that— ‘‘(1) mercury is highly toxic to humans, eco- systems, and wildlife; ‘‘(2) as many as 10 percent of women in the United States of childbearing age have mercury in the blood at a level that could put a baby at risk; ‘‘(3) as many as 630,000 children born annually in the United States are at risk of neurological prob- lems related to mercury; ‘‘(4) the most significant source of mercury expo- sure to people in the United States is ingestion of mercury-contaminated fish; ‘‘(5) the Environmental Protection Agency reports that, as of 2004— ‘‘(A) 44 States have fish advisories covering over 13,000,000 lake acres and over 750,000 river miles; ‘‘(B) in 21 States the freshwater advisories are statewide; and ‘‘(C) in 12 States the coastal advisories are state- wide; ‘‘(6) the long-term solution to mercury pollution is to minimize global mercury use and releases to even- tually achieve reduced contamination levels in the environment, rather than reducing fish consumption since uncontaminated fish represents a critical and healthy source of nutrition worldwide; ‘‘(7) mercury pollution is a transboundary pollut- ant, depositing locally, regionally, and globally, and affecting water bodies near industrial sources (in- cluding the Great Lakes) and remote areas (including the Arctic Circle); ‘‘(8) the free trade of elemental mercury on the world market, at relatively low prices and in ready supply, encourages the continued use of elemental mercury outside of the United States, often involving highly dispersive activities such as artisinal [prob- ably should be ‘‘artisanal’’] gold mining; ‘‘(9) the intentional use of mercury is declining in the United States as a consequence of process changes to manufactured products (including bat- teries, paints, switches, and measuring devices), but those uses remain substantial in the developing world where releases from the products are extremely like- ly due to the limited pollution control and waste management infrastructures in those countries; ‘‘(10) the member countries of the European Union collectively are the largest source of elemental mer- cury exports globally; ‘‘(11) the European Commission has proposed to the European Parliament and to the Council of the Euro- pean Union a regulation to ban exports of elemental mercury from the European Union by 2011; ‘‘(12) the United States is a net exporter of ele- mental mercury and, according to the United States Geological Survey, exported 506 metric tons of ele- mental mercury more than the United States im- ported during the period of 2000 through 2004; and ‘‘(13) banning exports of elemental mercury from the United States will have a notable effect on the market availability of elemental mercury and switching to affordable mercury alternatives in the developing world.’’ § 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 Har- monized Tariff Schedule of the United States) of any chemical substance, mixture, or article con- taining 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 sec- tion 2604 of this title, 2605 of this title, or sub- chapter IV, a rule or order under section 2604 Page 1884 TITLE 15—COMMERCE AND TRADE § 2613 of this title, 2605 of this title, or subchapter IV, or an order issued in a civil action brought under section 2604 of this title, 2606 of this title or subchapter IV. (2) If a chemical substance, mixture, or article is refused entry under paragraph (1), the Sec- retary of the Treasury shall notify the con- signee 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 ex- ported 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 re- fusal, 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 de- manded, 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 re- fused 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 consulta- tion with the Administrator, shall issue rules for the administration of subsection (a) of this section. (Pub. L. 94–469, title I, § 13, Oct. 11, 1976, 90 Stat. 2034; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 100–418, title I, § 1214(e)(2), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 102–550, title X, § 1021(b)(4), Oct. 28, 1992, 106 Stat. 3923.) Editorial Notes 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 sub- chapter IV’’ for ‘‘section 2604 or 2605 of this title’’ in two places and ‘‘section 2604 of this title, 2606 of this title or subchapter IV’’ for ‘‘section 2604 or 2606 of this title’’. 1988—Subsec. (a)(1). Pub. L. 100–418 substituted ‘‘gen- eral 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. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2613. Confidential information (a) In general Except as provided in this section, the Admin- istrator shall not disclose information that is exempt from disclosure pursuant to subsection (a) of section 552 of title 5 by reason of sub- section (b)(4) of that section— (1) that is reported to, or otherwise obtained by, the Administrator under this chapter; and (2) for which the requirements of subsection (c) are met. In any proceeding under section 552(a) of title 5 to obtain information the disclosure of which has been denied because of the provisions of this subsection, the Administrator may not rely on section 552(b)(3) of such title to sustain the Ad- ministrator’s action. (b) Information not protected from disclosure (1) Mixed confidential and nonconfidential in- formation Information that is protected from disclo- sure under this section, and which is mixed with information that is not protected from disclosure under this section, does not lose its protection from disclosure notwithstanding that it is mixed with information that is not protected from disclosure. (2) Information from health and safety studies Subsection (a) does not prohibit the disclo- sure of— (A) any health and safety study which is submitted under this chapter with respect to— (i) any chemical substance or mixture which, on the date on which such study is to be disclosed has been offered for com- mercial distribution; or (ii) any chemical substance or mixture for which testing is required under section 2603 of this title or for which notification is required under section 2604 of this title; and (B) any information reported to, or other- wise obtained by, the Administrator from a health and safety study which relates to a chemical substance or mixture described in clause (i) or (ii) of subparagraph (A). This paragraph does not authorize the disclo- sure of any information, including formulas (including molecular structures) of a chemical substance or mixture, that discloses processes used in the manufacturing or processing of a chemical substance or mixture or, in the case of a mixture, the portion of the mixture com- prised by any of the chemical substances in the mixture. (3) Other information not protected from dis- closure Subsection (a) does not prohibit the disclo- sure of— (A) any general information describing the manufacturing volumes, expressed as spe- cific aggregated volumes or, if the Adminis-