SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF NONCOMPLIANT IMPORTED PRODUCTS.

SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION OF NONCOMPLIANT IMPORTED PRODUCTS.(a) Identification of Substantial Hazards.—Section 15 (15 U.S.C. 2064), as amended by section 214, is amended by adding at the end thereof the following:“(j) Substantial Product Hazard List.—“(1) In general.—The Commission may specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence shall be deemed a substantial product hazard under subsection (a)(2), if the Commission determines that—“(A) such characteristics are readily observable and have been addressed by voluntary standards; and“(B) such standards have been effective in reducing the risk of injury from consumer products and that there is substantial compliance with such standards.“(2) Judicial review.—Not later than 60 days after promulgation of a rule under paragraph (1), any person adversely affected by such rule may file a petition for review under the procedures set forth in section 11 of this Act.”.(b) Destruction of Noncompliant Imported Products.—Section 17(e) (15 U.S.C. 2066(e)) is amended to read as follows:“(e) Products refused admission into the customs territory of the United States shall be destroyed unless, upon application by the owner, consignee, or importer of record, the Secretary of the Treasury permits the export of the product in lieu of destruction. If the owner, consignee, or importer of record does not export 122 STAT. 3069 the product within 90 days of approval to export, such product shall be destroyed.”.(c) Inspection and Recordkeeping Requirement.—The Act is further amended—(1) by amending section 17(g) (15 U.S.C. 2066(g)) to read as follows:“(g) Manufacturers of imported products shall be in compliance with all inspection and recordkeeping requirements under section 16 applicable to such products, and the Commission shall advise the Secretary of the Treasury of any manufacturer who is not in compliance with all inspection and recordkeeping requirements under section 16.”; and(2) by adding at the end of section 16 (15 U.S.C. 2065) the following:“(d) The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this Act and the Commission’s rules with respect to such requirements.”.