722 



needed by the manufacturer for purposes of section 

 263g of this title, aiid (B) provide that the dealer or 

 distributor shall, upon making such election, give 

 prompt notice of such election (together with in- 

 formation identifying the notifiier and the product) 

 to the manufacturer and shall, when advised by the 

 manufacturer or Secretary, of the need therefor for 

 the purposes of section 263g of this title, immediately 

 furnish the manufacturer with the required informa- 

 tion. If a dealer or distributor discontinues the deal- 

 ing in or distribution of electronic products, he shall 

 turn the information over to the manufacturer. Any 

 manufacturer receiving information pursuant to this 

 subsection concerning first purchasers of products 

 for purposes other than resale shall treat it as confi- 

 dential and may use it only if necessary for the pur- 

 pose of notifying persons pursuant to section 263g(a) 

 of this title. (July 1, 1944, ch. 373, title III, § 360A. as 

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

 1182.) 



§ 263j. Prohibited acts. 



( a ) It shall be unlawful — 



(1) for any manufacturer to introduce, or to 

 deliver for introduction, into commerce, or to im- 

 port into the United States, any electronic prod- 

 uct which does not comply with an applicable 

 standard prescribed pursuant to section 263f of 

 this title; 



(2) for any person to fail to furnish any notifi- 

 cation or other material or information required 

 by section 263g or 2631 of this title; or to fail to 

 comply with the requirements of section 263g(f) of 

 this title; / 



(3) for any person to fail or to refuse to estab- 

 lish or maintain records required by this subpart 

 or to permit access by the Secretary or any of his 

 duly authorized representatives to, or the copying 

 of, such records, or to permit entry or inspection, 

 as required by or pursuant to section 263i of this 



• title; 



C4) for any person to fail or to refuse to make 

 any report required pursuant to section 2631(b) of 

 this title or to furnish or preserve any Information 

 required pursuant to section 2631(f) of this title; 

 or 



(5) for any person (A) to fail to issue a certifi- 

 cation as required by section 263f (h) of this title, 

 or (B) to issue such a certification when such cer- 

 tification is not based upon a test or testing pro- 

 gram meeting the requirements of section 263f (h) 

 of this title or when the issuer, in the exercise of 

 due care, would have reason to know that such 

 certification is false or misleading in a material 

 respect. 



(b) The Secretary may exempt any electronic 

 product, or class thereof, from all or part of subsec- 

 tion (a) of this section, upon such conditions as he 

 may find necessary to protect the public health or 

 welfare, for the purpose of research, investigations, 

 studies, demonstrations, or training, or for reasons of 

 national security. (July 1, 1944, ch. 373, title HI, 

 § 360B. as added Oct. 18, 1968, Pub. L. 90-602, § 2(3), 

 82 Stat. 1184.) 



§263k. Enforcement. 



(a) Jurisdiction of courts. 



The district courts of the United States shall have 

 jurisdiction, for cause shown, to restrain violations 

 of section 263j of this title and to restrain dealers 

 and distributors of electronic products from selling 

 or otherwise disposing of electronic products which 

 do not conform to an applicable standard prescribed 

 pursuant to section 263f of this title except when 

 such products are disposed of by returning them to 

 the distributor or manufacturer from whom they 

 were obtained. The district courts of the United 

 States shall also have jurisdiction in accordance 

 with section 1355 of Title 28 to enforce the provi- 

 sions of subsection (b) of this section. 



(b) Penalties. 



(1) Any person who violates section 263j of this 

 title shall be subject to a civil penalty of not more 

 than $1,000. For purposes of this subsection, any 

 such violation shall with respect to each electronic 

 product involved, or with respect to each act or 

 omission made unlawful by section 263j of this title 

 constitute a separate violation, except that the max- 

 imum civil penalty imposed on any person under 

 this subsection for any related s^ies of violations 

 shall not exceed $300,000. 



(2) Any such civil penalty may on application be 

 remitted or mitigated by the Secretary. In deter- 

 mining the amount of such penalty, or whether It 

 should be remitted or mitigated and in what amount, 

 the appropriateness of such penalty to the size of the 

 business of the person charged and the gravity of the 

 violation shall be considered. The amount of such 

 penalty, when finally determined, may be deducted 

 from any sums owing by the United States to the 

 person charged. 



(c) Venue; process. 



Actions under subsections (a) and (b) of this 

 section may be brought in the district court of the 

 United States for the district wherein any act or 

 omission or transaction constituting the violation 

 occurred, or in such court for the district where the 

 defendant is found or transacts business, and 

 process in such cases may be served in any other 

 district of which the defendant is an inhabitant or 

 wherever defendant may be found. 



(d) Warnings. 



Nothing in this subpart shall be construed as re- 

 qun-mg the Secretary to report for the mstitution 

 of proceedings minor violations of this subpart when- 

 ever he believes that the public Interest will be ade- 

 quately served by a suitable written notice or 

 warning. 



(e) Compliance with regulations. 



Except as provided in the first sentence of section 

 263n of this title, compliance with this subpart or 

 any regulations issued thereunder shall not relieve 

 any person from liability at common law or under 

 statutory law. 



(f) Additional remedies. 



The remedies provided for In this subpart shall be 

 in addition to not in substitution for any other reme- 



