12 2 STA T .3068PUBLIC LA W 110 – 31 4— AU G .14 , 2008 (d)REPORT TO C O NG RE S S .—Notla t er t h a n180 da ys a f ter c o mp let i on of the ris k assessment methodolo g yre qu ired under this section , the Commission shall su b mit a report to the appropriate Congressional committees concerning, at a minimum, the follo w ing
(1) T he Commission ’ s plan for implementing the risk assessment methodology required under this section. ( 2 ) The changes made or necessary to be made to the Commission’s memorandum of understanding with U . S . Cus - toms and B order P rotection. ( 3 ) The status of— ( A )thede v elopment of the Automated Targeting System rule set required under subsection (c)( 4 ) of this section
(B) the Commission’s access to the Automated Tar- geting System; and (C) the effectiveness of the I nternational Trade D ata System in enhancing cooperation between the Commission and U.S. Customs and Border Protection for the purpose of identifying shipments of consumer products in violation of section 1 7 (a) of the Consumer Product Safety Act (1 5 U.S.C. 20 6 6(a)) or other import provisions enforced by the Commission; (4) W hether the Commission requires additional statutory authority under the Consumer Product Safety Act, the F ederal H a z ardous Substances Act, the Flammable Fabrics Act, or the Poison Prevention Packaging Act of 1 9 70 in order to implement the risk assessment methodology required under this section. (5) The level of appropriations necessary to implement the risk assessment methodology required under this section. SEC.2 2 3 .S UB S TAN T I A LPROD UCT H A Z ARD LIST AND DESTRUCTION O F NONCO M PLIANT IMPORTED PRODUCTS. (a) I D ENT IF I CA TION OF S UB STANTIA L HA Z ARDS.—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 L IST.— ‘‘(1) IN GENERAL.—The Commission may specify, by rule, for any consumer product or class of consumer products, characteristics whose e x istence 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) J UDICIAL RE V IE W .—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 NONCO M PLIANT 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 Deadlin e . Deadline. Ru le s .
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