EPA v. AMERICAN TOKYO KASEI, INC. DBA TCI AMERICA (CBP PORT 1108; PHILADELPHIA, PA)

Case summary

U.S. Environmental Protection Agency Region 3 (EPA) informed U.S. Customs and Border Protection (CBP) of a misbranded/unregistered pesticide in the import shipment described under Entry Number M34-7915650-7 and denied entry into the United States (19 CFR 12.114) via the CBP Automated Commercial Environment (ACE) Portal. EPA requested additional information about the product from the importer/broker, who indicated that the product was imported for research and development purposes. However, deltamethrin is a known pesticide that requires registration by EPA. This product did not bear a proper EPA label. EPA determined that the product was not labeled in accordance with 40 C.F.R. Part 156 and would therefore be deemed to be in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. ? 136o(c), and the regulations at 19 C.F.R. ? 12.114, the U.S. EPA rejected the entry of this product for import in the United States under Entry Number M34-7915650-7.

Defendants (1)

• CBP PORT 1108; PHILADELPHIA, PANamed in settlement

Facilities (1)

• U.S. CBP PORT 1108 PHILADELPHIA, PA

  2ND & CHESTNUT STREETS, PHILADELPHIA, PA, 19106

  Registry ID: 110070378285

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• AMERICAN TOKYO KASEI, INC. DBA TCI AMERICA (CBP PORT 1108; PHILADELPHIA, PA)entered 2018-08-30

  Primary law: FIFRA

Timeline (2 milestones)

• 2018-08-30Final Order Issued
• 2018-09-26Enforcement Action Data Entered