To authorize the temporary refusal of admission into the customs territory of the United States of consumer products manufactured by companies that have violated consumer product safety rules.

1. Adds SEC. 40. TEMPORARY REFUSAL OF ADMISSION INTO CUSTOMS TERRITORY OF THE UNITED STATES OF CONSUMER PRODUCTS MANUFACTURED BY COMPANIES THAT HAVE VIOLATED CONSUMER PRODUCT SAFETY RULES on page 103, line 12

   Adds a sectionPrinted page

   Inserted: SEC. 40. TEMPORARY REFUSAL OF ADMISSION INTO CUSTOMS TERRITORY OF THE UNITED STATES OF CONSUMER PRODUCTS MANUFACTURED BY COMPANIES THAT HAVE VIOLATED CONSUMER PRODUCT SAFETY RULES.

   Inserted: (a) In General.--Section 17 (15 U.S.C. 2066), as amended by section 38(e) of this Act, is amended by adding at the end the following:

   Inserted: "(j) Temporary Refusal of Admission.--

   Inserted: "(1) In general.--A consumer product offered for importation into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) may be refused admission into such customs territory until the Commission makes a determination of admissibility under paragraph (2)(A) with respect to such product if--

   Inserted: "(A) such product is manufactured by a manufacturer that has, in the previous 18 months--

   Inserted: "(i) violated a consumer product safety rule; or

   Inserted: "(ii) manufactured a product that has been the subject of an order under section 15(d); or

   Inserted: "(B) is offered for importation into such customs territory by a manufacturer, distributor, shipper, or retailer that has, in the previous 18 months--

   Inserted: "(i) offered for importation into such customs territory a product that was refused under subsection (a) with respect to any of paragraphs (1) through (4); or

   Inserted: "(ii) imported into such customs territory a product that has been the subject of an order under section 15(d).

   Inserted: "(2) Determination of admissibility.--

   Inserted: "(A) In general.--The Commission makes a determination of admissibility under this subparagraph with respect to a consumer product that has been refused under paragraph (1) if the Commission finds that the consumer product is in compliance with all applicable consumer product safety rules.

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   Inserted: "(B) Request for determination of admissibility.--

   Inserted: "(i) In general.--An interested party may submit a request to the Commission for a determination of admissibility under subparagraph (A) with respect to a consumer product that has been refused under paragraph (1).

   Inserted: "(ii) Supporting evidence.--A request submitted under clause (i) shall be accompanied by evidence that the consumer product is in compliance with all applicable consumer product safety rules.

   Inserted: "(iii) Actions.--Not later than 90 days after submission of a request under clause (i) with respect to a consumer product, the Commission shall take action on such request. Such action may include--

   Inserted: "(I) making a determination of admissibility under subparagraph (A) with respect to such consumer product; or

   Inserted: "(II) requesting information from the manufacturer, distributor, shipper, or retailer of such consumer product.

   Inserted: "(iv) Failure to act.--If the Commission does not take action on a request under clause (iii) with respect to a consumer product on or before the date that is 90 days after the date of the submission of such request under clause (i), a determination of admissibility under subparagraph (A) with respect to such consumer product shall be deemed to have been made by the Commission on the 91st day after the date of such submission.

   Inserted: "(3) Compliance with trade agreements.--The Commission shall ensure that a refusal to admit into the customs territory of the United States a consumer product under this subsection is done in a manner consistent with bilateral, regional, and multilateral trade agreements and the rights and obligations of the United States.".

   Inserted: (b) Rulemaking.--

   Inserted: (1) Notice.--Not later than 90 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall issue a notice of proposed rulemaking with respect to the regulations required by paragraph (2).

   Inserted: (2) Regulations.--Not later than 120 days after the date of the publication of notice under paragraph (1), the Consumer Product Safety Commission shall prescribe regulations to carry out the provisions of the amendment made by subsection (a).

   Inserted: (c) Consultation With Secretary of Homeland Security.--The Consumer Product Safety Commission shall consult with the Secretary of Homeland Security in carrying out the provisions of this section and the amendment made by subsection (a).

   Original wording

   On page 103, after line 12, add the following:

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As printed