Sec. 12. Imports
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Section 13 ( 15 U.S.C. 2612 ) is amended to read as follows: In this section, the term chemical substance or mixture includes— a mixture containing a chemical substance or mixture; and an article containing a chemical substance or mixture. The Secretary of Homeland Security shall refuse entry into the customs territory of the United States (as defined in general note 2 to the Harmonized Tariff Schedule of the United States) any chemical substance or mixture offered for such entry if— the Administrator has determined under section 6(c) that the chemical substance or mixture does not meet the safety standard under the intended conditions of use of the chemical substance; or the chemical substance or mixture is offered for entry in violation of a rule or order in effect under this Act.
Subject to subparagraph (B), if a chemical substance or mixture is refused entry under paragraph (1), the Secretary of Homeland Security— shall notify the consignee of the entry of the refusal; shall not release the chemical substance or mixture to the consignee; and shall cause the disposal or storage of the chemical substance or mixture under such rules as the Secretary may prescribe, if the chemical substance or mixture has not been exported by the consignee in the 90-day period beginning on the date of receipt of the notice of the refused entry.
The Secretary of Homeland Security may, pending a review by the Administrator, release to the consignee the chemical substance or mixture if the consignee— executes a bond for the amount of the full invoice of the chemical substance or mixture (as set forth in the customs entry); and pays a duty on the chemical substance or mixture. If a consignee fails to return a chemical substance or mixture released to that consignee under clause
(i)for any cause to the custody of the Secretary of Homeland Security when demanded, the consignee shall be liable to the United States for liquidated damages equal to the full amount of the bond. All charges for storage, cartage, and labor on and for the disposal of a chemical substance or mixture that is refused entry or released under this subsection shall be paid by the owner or consignee, and a default on that payment shall constitute a lien against any future entry made by the owner or consignee. A person offering a chemical substance or mixture subject to this Act for entry into the customs territory of the United States shall— certify to the Secretary of Homeland Security that, after reasonable inquiry and to the best knowledge and belief of the person, the chemical substance or mixture is— in compliance with any applicable rule, consent agreement, or order under section 5 or 6; and included on the list under section 8(b); or exempt from any requirement to be included on that list; and provide to the Secretary of Homeland Security any notice required under paragraph (2). A person offering a chemical substance or mixture for entry into the customs territory of the United States shall notify the Secretary of Homeland Security if— the chemical substance is a high-priority substance; the chemical substance is a chemical for which the United States is obligated to provide export notification by treaty; or the chemical substance or mixture or any article containing the substance or mixture— is the subject of a safety assessment and safety determination conducted pursuant to section 6 and has been found not to meet the safety standard; and is identified in a rule promulgated by the Secretary of Homeland Security pursuant to subsection
(c)as meriting notification due to the potential impact of the chemical substance or mixture or any article containing the substance or mixture on human health or the environment. The Secretary of Homeland Security, after consultation with the Administrator, shall issue rules for the administration of subsection (c), including whether, or to what extent, the provisions of subsections
(b)and
(c)apply. .
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