720 



electronic product radiation, the Secretary shall di- 

 rect the manufacturer to furnish the notification 

 specified in subsection (c) of this section to the per- 

 sons specified in paragraphs (1) and (2) of subsec- 

 tion (b) of this section (where known to the 

 manufacturer) , unless the manufacturer has applied 

 for an exemption from the requirement of such no- 

 tification on the ground specified in paragraph (2) 

 of subsection (a) of this section and the Secretary 

 is satisfied that such noncompliance or defect Is not 

 such as to create a significant risk of Injury, includ- 

 ing genetic Injury, to any person. 



(f) Correction of defects. 



If any electronic product Is found under subsec- 

 tion (a) or (e) of this section to fail to comply with 

 an applicable standard prescribed under this sub- 

 part or to have a defect which relates to the safety 

 of use of such product, and the notification specified 

 in subsection (c) of this section Is required to be 

 furnished on account of such failure or defect, the 

 manufacturer of such product shall (1) without 

 charge, bring such product Into conformity with such 

 standard or remedy such defect and provide reim- 

 bursement for any expenses for transportation of 

 such product incurred in connection with having 

 such product brought into conformity or having such 

 defect remedied, (2) replace such product with a 

 like or eqiiivalent product which compiles with 

 each applicable standard prescribed under this 

 . subpart and which has no defect relating to the 

 safety of its use, or (3) make a refund of the cost of 

 such product. The manufacturer shall take the action 

 required by this subsection In such manner, and with 

 respect to such persons, as the Secretary by regxila- 

 tlons shall prescribe. 



(g) Effective date. 



This section shall not apply to any electronic 



product that was manufactured before October 18, 



1968. (July 1, 1944, ch. 373, title III, § 359, as added 



Oct. 18, 1968, Pub. L. 90-602, § 2(3), 82 Stat. 1180.) 



DEFiNmoN OF "Secretary" and "Department" 



The terms "Secretary" and "Department" as used In 

 this section, except when otherwise speclfled, to mean 

 Secretary of Health, Education, and Welfare and Depart- 

 ment of Health, Education, and Welfare, respectively, 

 see section 3 of Pub. L. 90-602, set out as a note under 

 section 263b of this title. 



Noninterference Wtth Other Federal Agencies 

 Enactment of this section not to be construed to super- 

 sede or limit the functions under any other provision of 

 law of any ofHcer or agency of the tJnlted States, see sec- 

 tion 4 of Pub. L. 90-602, set out as a note under section 

 263b of this title. 



Section Referred to in Other Sections 

 This section is refer.ed to In sections 263b — 263f , 263h— 

 263n of this title. 



§ 263h. Imports. 



(a) Refusal of admission to non-complying electronic 

 products. 



Any electronic product offered for Importation 

 Into the United States which falls to comply with 

 an applicable standard prescribed under this sub- 

 part, or to which Is not affixed a certification in the 

 form of a label or tag In conformity with section 

 263f(h) of this title shall be refused admission into 

 the United States. The Secretary of the Treasury 



shall deliver to the Secretary of Health, Education, 

 and Welfare, upon the latter's request, samples of 

 electronic products which are being imported or of- 

 fered for import In to the United States, giving no- 

 tice thereof to the owner or consignee, who may 

 have a hearing before the Secretary of Health, 

 Education, and Welfare. If it appears from an 

 examination of such samples or otherwise that 

 any electronic product falls to comply with ap- 

 plicable standards prescribed pursuant to section 

 263f of this title, then, unless subsection (b) of this 

 section applies and is complied with, (1) such elec- 

 tronic product shall be refused admission, and (2) 

 the Secretary of the Treasu.ry shall cause the de- 

 struction of such electronic product unless such ar- 

 ticle 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 regula- 

 tions. 



(b) Bond. 



If it appears to the Secretary of Health, Educa- 

 tion, and Welfare that any electronic product re- 

 fused admission pursuant to subsection (a) of this 

 section can be brought into compliance with appli- 

 cable standards prescribed pursuant to section 263f 

 of this title, final determination as to admission of 

 such electronic product may be deferred upon filing 

 of timely written application by the owner or con- 

 signee and the execution by him of a good and suf- 

 ficient bond providing for the payment of such liqui- 

 dated damages in the event of default as the Secre- 

 tary of Health, Education, and Welfare may by 

 regulation prescribe. If such application Is filed and 

 such bond is executed the Secretary of Health, Edu- 

 cation, and Welfare may, in accordance with rules 

 prescribed by him, permit the applicant to perform 

 such operations with respect to such electronic prod- 

 uct as may be specified In the notice of permission. 



(c) Liability of owner or consignee for expenses con- 

 nected with refusal of admission. 



All expenses (including travel, per diem or sub- 

 sistence, and salaries of officers or employees of the 

 United States) in connection with the destruction 

 provided for In subsection (a) of this section and 

 the supervision of operations provided for in sub- 

 section (b) of this section, and all expenses in con- 

 nection with the storage, cartage, or labor with re- 

 spect to any electronic product refused admission 

 pursuant to subsection (a) of this section, shall be 

 paid by the owner or consignee, and, in event of 

 default, shall constitute a lien against any future 

 Importations made by such owner or consignee. 



(d) Designation of agent for purposes of service. 



It shall be the duty of every manufacturer offer- 

 ing an electronic product for Importation into the 

 United States to designate in writing an agent upon 

 whont service of all administrative and judicial 

 processes, notices, orders, decisions, and require- 

 ments may be made for and on behalf of said man- 

 ufacturer, and to file such designation with the 

 Secretary, which designation may from time to 

 time be changed by like writing, similarly filed. Serv- 

 ice of all administrative and judicial processes, 

 notices, orders, decisions, and requirements may be 

 made upon said manufacturer by service upon such 



