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

Case summary

EPA initially placed a HOLD INTACT in the Automated Commercial Environment (ACE) on 9/17/2018, because 1,2-BENZISOTHIAZOL-3(2H)-ONE', PARAFORMALDEHYDE and THIOPHENE represent products that may be used in pesticide formulations and therefore require registration with EPA. Furthermore, the ACE entry for the three products were filed under program code PS1 and disclaim code A, indicating products that are not regulated by EPA. This is incorrect, because these products are registered with EPA and therefore require the filing of Notice of Arrival of Pesticides and Devices in paper format or via the ACE system. This means that the import of these products requires an EPA-accepted label. None of the ACE entries for these products contained any product label information. Thus, the 1,2-BENZISOTHIAZOL-3(2H)-ONE , PARAFORMALDEHYDE and THIOPHENE products are 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 EPA rejected the entry of these products for import and distribution in the United States.

Defendants (1)

• AMERICAN TOKYO KASEI, INC. DBA TCI AMERICANamed in settlement

Facilities (1)

• U.S. CBP PORT 1108 PHILADELPHIA, PA

  2ND & CHESTNUT STREETS, PHILADELPHIA, PA, 19106

  Registry ID: 110070378285

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• AMERICAN TOKYO KASEI, INC. DBA TCI AMERICA (CBP PORT 1108; PHILADELPHIA, PA)entered 2018-09-19

  Primary law: FIFRA

Timeline (2 milestones)

• 2018-09-19Final Order Issued
• 2018-10-03Enforcement Action Data Entered