Sec. 14. Imports
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Section 13 of the Toxic Substances Control Act ( 15 U.S.C. 2612 ) is amended to read as follows: 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, mixture, or article containing a 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; and has promulgated a rule pursuant to section 6(d) banning the chemical substance or mixture, as of the effective date of the rule; the chemical substance— is not included on the list under section 8(b)(1); and is not exempt from any requirement to be included on that list by this title or a rule promulgated by the Administrator pursuant to this title; or the chemical substance, mixture, or any article containing the chemical substance or mixture is offered for entry in violation of— a rule, consent agreement, or order in effect under this Act; or an order issued in a civil action brought under section 7 or title IV.
Subject to subparagraph (B), if a chemical substance, mixture, or article containing 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 during the 90-day period beginning on the date of receipt of the notice of the refused entry.
The Secretary of Homeland Security, pending a review by the Administrator, may 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 on demand, the consignee shall be liable to the United States for liquidated damages equal to the full amount of the bond executed under clause (i)(I). All charges for storage, cartage, and labor on or 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 the chemical substance— is included on the list under section 8(b)(1); or is exempt from any requirement to be included on that list by this title or a rule promulgated by the Administrator pursuant to this title. The Administrator, by rule, may require certification under paragraph
(1)for an article containing a chemical substance or mixture that is subject to rule under section 5 or 6. The rule under subparagraph
(A)shall identify, with reasonable specificity, the types of articles, including parts or components of articles, that will be subject to the certification requirement. In determining the need for and content of a certification rule under this paragraph, the Administrator shall take into consideration— the utility of the certification to enforcement of the applicable rule, consent agreement, or order under section 5 or 6; the contribution of imported articles to the potential risk presented by exposure to the chemical substance or mixture subject to rule under section 5 or 6; the impact on commerce and potential for the certification to impede or disrupt import of articles; the frequency or duration of the certification requirement; and specification of the concentration of a chemical substance in an article that would subject the article to the certification requirement. For purposes of a certification under paragraph (1), reasonable inquiry shall include good faith reliance by an importer on— a safety data sheet or similar declaration provided by a supplier that documents the specific identity of the chemical substance or the specific identities of all chemical substances in a mixture; or for chemical substances or mixtures claimed by the supplier as confidential, or not otherwise disclosed by the supplier, a certification by the supplier that the imported chemical substance or mixture satisfies the applicable certification requirements under paragraph (1). For purposes of a certification under paragraph (2), reasonable inquiry shall include good faith reliance by an importer on a certification by the supplier that the imported article satisfies the applicable certification requirements in a rule promulgated pursuant to paragraph (2). For purposes of this subsection, the Administrator shall provide publicly accessible information regarding the identity of a chemical substance or mixture subject to rule under this Act that would be readily understood in import transactions. A person offering a chemical substance for entry into the customs territory of the United States shall notify the Secretary of Homeland Security if— the chemical substance or chemical substance in a mixture is a high-priority substance; the chemical substance or chemical substance in a mixture is 1 for which the United States is obligated to provide export notification by treaty; or the chemical substance or chemical substance in a 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. The Secretary of Homeland Security, after consultation with the Administrator, shall promulgate rules to carry out this section. The rules under paragraph
(1)may modify the application of any requirement of this section, as appropriate for the efficient and effective implementation of this Act. .
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