15 U.S. Code § 1274 - Remedies respecting banned hazardous substances
An order under subsection (a), (b), or (c) may be issued only after an opportunity for a hearing in accordance with section 554 of title 5, except that, if the Commission determines that any person who wishes to participate in such hearing is a part of a class of participants who share an identity of interest, the Commission may limit such person’s participation in such hearing to participation through a single representative designated by such class (or by the Commission if such class fails to designate such a representative).
For purposes of this section (1) the term “manufacturer” includes an importer for resale, and (2) a dealer who sells at wholesale an article or substance shall with respect to that sale be considered the distributor of that article or substance.
Nothing in this section shall be construed to require the Commission, in determining that an article or substance distributed in commerce presents a substantial product hazard and that notification or other action under this section should be taken, to prepare a comparison of the costs that would be incurred in providing notification or taking other action under this section with the benefits from such notification or action.
The Harmonized Tariff Schedule of the United States, referred to in subsecs. (b) and (c)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.
2008—Subsec. (b). Pub. L. 110–314 substituted “Commission may order” for “Consumer Product Safety Commission may order” in introductory provisions.
1990—Subsec. (g). Pub. L. 101–608 added subsec. (g).
1988—Subsecs. (b), (c)(2). Pub. L. 100–418 substituted “general note 2 of the Harmonized Tariff Schedule of the United States” for “general headnote 2 to the Tariff Schedules of the United States”.
1984—Subsec. (c). Pub. L. 98–491, § 2(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 98–491, § 2(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 98–491, § 2(b), inserted “or (c)” after “subsection (b)”.
Subsec. (d)(2). Pub. L. 98–491, § 2(c), (d), substituted “a toy, article” for “an article”, “toy, article” for “article” in two places, and “subsection (a), (b), or (c)” for “subsection (a) or (b)”.
Subsec. (e). Pub. L. 98–491, § 2(a)(2), (d), redesignated subsec. (d) as (e) and substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)”. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 98–491, § 2(a)(1), redesignated subsec. (e) as (f).
1983—Subsec. (e). Pub. L. 97–414 added subsec. (e).
1981—Pub. L. 97–35 revised section generally and substituted provisions authorizing the Commission to require the manufacturers, distributors, or dealers as the case may be to notify the public that the article or substance was a banned hazardous one, and to repair, replace or refund the purchase price, when the Commission determines after providing the manufacturer, distributor, or dealer an opportunity for a hearing that banned hazardous substances were sold for provisions requiring the manufacturer, distributor or dealer to repurchase the banned hazardous article or substance.
Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.
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