C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 12—SPECIAL CLASSES OF MERCHANDISE

19 C.F.R. § 12.112

Notice of arrival of pesticides and devices

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(a) General. An importer or the importer's agent desiring to import pesticides or devices into the United States must submit to the Administrator, prior to the arrival of the shipment in the United States, a Notice of Arrival of Pesticides and Devices (Notice of Arrival) on U.S. Environmental Protection Agency (EPA) Form 3540-1. The Administrator will complete the Notice of Arrival and provide notification to the importer or the importer's agent indicating the disposition to be made of a pesticide or device upon its entry into the United States. In the alternative, the importer or the importer's agent may file an electronic alternative to the Notice of Arrival, with the filing of the entry documentation, via any CBP-authorized electronic data interchange system.

(b) Chemicals imported for use other than as pesticides. Chemicals which can be used as pesticides but which are not imported for such use and are not shown on the Index of Pesticide Products located in the Environmental Protection Agency's handbook entitled Recognition and Management of Pesticide Poisonings, found at http://www.epa.gov, may be entered without the submission of the Notice of Arrival.

[T.D. 75-194, 40 FR 32321, Aug. 1, 1975, as amended by CBP Dec. 10-29, 75 FR 52451, Aug. 26, 2010; CBP Dec. 16-15, 81 FR 67143, Sept. 30, 2016]
Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: United States v. Santos, 2013 CIT 154 (Ct. Intl. Trade 2013).
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United States v. Santos, 2013 CIT 154 (Ct. Intl. Trade 2013). · cites it 3× “113 19 C.F.R. § 12.112 (a) requires that importers of pesticides submit a Form 3540-1 Notice of Arrival to the EPA Administrator “prior to the arrival of the shipment in the United States.”
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