15 U.S.C. § 2611 — Exports

Page 1881 TITLE 15—COMMERCE AND TRADE § 2611 rule promulgated, order issued, or consent agreement entered into thereunder), unless the nature and extent of such informa- tion are described with reasonable specificity in the written notice required by subsection (a) for such inspection. (c) Subpoenas In carrying out this chapter, the Adminis- trator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to ques- tions, and other information that the Adminis- trator deems necessary. Witnesses shall be paid the same fees and mileage that are paid wit- nesses in the courts of the United States. In the event of contumacy, failure, or refusal of any person to obey any such subpoena, any district court of the United States in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any fail- ure to obey such an order of the court is punish- able by the court as a contempt thereof. (Pub. L. 94–469, title I, § 11, Oct. 11, 1976, 90 Stat. 2032; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(2), (3), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, § 19(j), June 22, 2016, 130 Stat. 507.) Editorial Notes AMENDMENTS 2016—Subsec. (b)(2). Pub. L. 114–182, § 19(j)(1), sub- stituted ‘‘information’’ for ‘‘data’’ wherever appearing. Subsec. (b)(2)(E). Pub. L. 114–182, § 19(j)(2), substituted ‘‘rule promulgated, order issued, or consent agreement entered into’’ for ‘‘rule promulgated’’. 1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(2), in first sentence, substituted ‘‘substances, mixtures, or prod- ucts subject to subchapter IV’’ for ‘‘substances or mix- tures’’ and inserted ‘‘such products,’’ before ‘‘or such articles’’. Subsec. (b)(1). Pub. L. 102–550, § 1021(b)(3), substituted ‘‘chemical substances, mixtures, or products subject to subchapter IV’’ for ‘‘chemical substances or mixtures’’. 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. § 2611. Exports (a) In general (1) Except as provided in paragraph (2) and subsections (b) and (c), this chapter (other than section 2607 of this title) shall not apply to any chemical substance, mixture, or to an article containing a chemical substance or mixture, if— (A) it can be shown that such substance, mixture, or article is being manufactured, processed, or distributed in commerce for ex- port from the United States, unless such sub- stance, mixture, or article was, in fact, manu- factured, processed, or distributed in com- merce, for use in the United States, and (B) such substance, mixture, or article (when distributed in commerce), or any container in which it is enclosed (when so distributed), bears a stamp or label stating that such sub- stance, mixture, or article is intended for ex- port. (2) Paragraph (1) shall not apply to any chem- ical substance, mixture, or article if the Admin- istrator finds that the substance, mixture, or ar- ticle presents an unreasonable risk of injury to health within the United States or to the envi- ronment of the United States. The Adminis- trator may require, under section 2603 of this title, testing of any chemical substance or mix- ture exempted from this chapter by paragraph (1) for the purpose of determining whether or not such substance or mixture presents an un- reasonable risk of injury to health within the United States or to the environment of the United States. (b) Notice (1) If any person exports or intends to export to a foreign country a chemical substance or mixture for which the submission of information is required under section 2603 or 2604(b) of this title, such person shall notify the Administrator of such exportation or intent to export and the Administrator shall furnish to the government of such country notice of the availability of the information submitted to the Administrator under such section for such substance or mix- ture. (2) If any person exports or intends to export to a foreign country a chemical substance or mixture for which an order has been issued under section 2604 of this title or a rule has been proposed or promulgated under section 2604 or 2605 of this title, or with respect to which an ac- tion is pending, or relief has been granted under section 2604 or 2606 of this title, such person shall notify the Administrator of such expor- tation or intent to export and the Administrator shall furnish to the government of such country notice of such rule, order, action, or relief. (c) Prohibition on export of elemental mercury and mercury compounds (1) Prohibition Effective January 1, 2013, the export of ele- mental mercury from the United States is pro- hibited. (2) Inapplicability of subsection (a) Subsection (a) shall not apply to this sub- section. (3) Report to Congress on mercury compounds (A) Report Not later than one year after October 14, 2008, the Administrator shall publish and submit to Congress a report on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury com- pounds, if any, that may currently be used in significant quantities in products or proc- esses. Such report shall include an analysis of— (i) the sources and amounts of each of the mercury compounds imported into the United States or manufactured in the United States annually; (ii) the purposes for which each of these compounds are used domestically, the amount of these compounds currently con- Page 1882 TITLE 15—COMMERCE AND TRADE § 2611 sumed annually for each purpose, and the estimated amounts to be consumed for each purpose in 2010 and beyond; (iii) the sources and amounts of each mercury compound exported from the United States annually in each of the last three years; (iv) the potential for these compounds to be processed into elemental mercury after export from the United States; and (v) other relevant information that Con- gress should consider in determining whether to extend the export prohibition to include one or more of these mercury compounds. (B) Procedure For the purpose of preparing the report under this paragraph, the Administrator may utilize the information gathering au- thorities of this subchapter, including sec- tions 2609 and 2610 of this title. (4) Essential use exemption (A) Any person residing in the United States may petition the Administrator for an exemp- tion from the prohibition in paragraph (1), and the Administrator may grant by rule, after no- tice and opportunity for comment, an exemp- tion for a specified use at an identified foreign facility if the Administrator finds that— (i) nonmercury alternatives for the speci- fied use are not available in the country where the facility is located; (ii) there is no other source of elemental mercury available from domestic supplies (not including new mercury mines) in the country where the elemental mercury will be used; (iii) the country where the elemental mer- cury will be used certifies its support for the exemption; (iv) the export will be conducted in such a manner as to ensure the elemental mercury will be used at the identified facility as de- scribed in the petition, and not otherwise di- verted for other uses for any reason; (v) the elemental mercury will be used in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts; (vi) the elemental mercury will be handled and managed in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts; and (vii) the export of elemental mercury for the specified use is consistent with inter- national obligations of the United States in- tended to reduce global mercury supply, use, and pollution. (B) Each exemption issued by the Adminis- trator pursuant to this paragraph shall con- tain such terms and conditions as are nec- essary to minimize the export of elemental mercury and ensure that the conditions for granting the exemption will be fully met, and shall contain such other terms and conditions as the Administrator may prescribe. No ex- emption granted pursuant to this paragraph shall exceed three years in duration and no such exemption shall exceed 10 metric tons of elemental mercury. (C) The Administrator may by order suspend or cancel an exemption under this paragraph in the case of a violation described in subpara- graph (D). (D) A violation of this subsection or the terms and conditions of an exemption, or the submission of false information in connection therewith, shall be considered a prohibited act under section 2614 of this title, and shall be subject to penalties under section 2615 of this title, injunctive relief under section 2616 of this title, and citizen suits under section 2619 of this title. (5) Consistency with trade obligations Nothing in this subsection affects, replaces, or amends prior law relating to the need for consistency with international trade obliga- tions. (6) Export of coal Nothing in this subsection shall be con- strued to prohibit the export of coal. (7) Prohibition on export of certain mercury compounds (A) In general Effective January 1, 2020, the export of the following mercury compounds is prohibited: (i) Mercury (I) chloride or calomel. (ii) Mercury (II) oxide. (iii) Mercury (II) sulfate. (iv) Mercury (II) nitrate. (v) Cinnabar or mercury sulphide. (vi) Any mercury compound that the Ad- ministrator adds to the list published under subparagraph (B) by rule, on deter- mining that exporting that mercury com- pound for the purpose of regenerating ele- mental mercury is technically feasible. (B) Publication Not later than 90 days after June 22, 2016, and as appropriate thereafter, the Adminis- trator shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph. (C) Petition Any person may petition the Adminis- trator to add a mercury compound to the list published under subparagraph (B). (D) Environmentally sound disposal This paragraph does not prohibit the ex- port of mercury compounds on the list pub- lished under subparagraph (B) to member countries of the Organization for Economic Co-operation and Development for environ- mentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or re- claimed for use, or directly reused, after such export. (E) Report Not later than 5 years after June 22, 2016, the Administrator shall evaluate any ex- ports of mercury compounds on the list pub- 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