EPA v. UPS SCS BROKERAGE

Case summary

JUNE 15, 2023 - NOTICE OF WARNING In response to the potential violation of FIFRA, the EPA is issuing this Notice of Warning (NOW) to UPS SCS Brokerage pursuant to FIFRA Section 9(c)(3), 7 U.S.C. ? 136g(c)(3). On or about February 1, 2023, the EPA notified UPS SCS Customs Brokerage of the EPA?s intent to treat the shipment as a prohibited importation for violations of FIFRA Section 12(a)(1)(F). UPS SCS Customs Brokerage did not respond to the notification. As of June 2023, a complete NOA was not filed for entry number SCS-54754430 for the pesticide device(s) in entry number SCS-54754430. Pursuant to 19 C.F.R. 12.113(b), when a shipment of pesticides or devices arrives and entry is attempted in the United States without a completed NOA having been filed with CBP pursuant to paragraph (a) of this section, the shipment will be detained by CBP at the importer?s risk and expense until the completed Notice of Arrival is presented to CBP or until other disposition is ordered by the Administrator. Pursuant to 19 C.F.R. 12.113(c), a shipment of pesticides or devices that remains detained or undisposed of due to the failure to timely submit to CBP a completed NOA will be treated as a prohibited importation. CBP will cause the destruction of any such shipment not exported by the consignee within ninety (90) calendar days after the expiration of the detention period.

Defendants (1)

• UPS SCS BROKERAGENamed in settlement

Facilities (1)

• UPS SUPPLY CHAIN SOLUTIONS, INC.

  1930 BISHOP LANE, SUITE 200, LOUISVILLE, KY, 40218

  Registry ID: 110070814772

Statutes cited

• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• UPS SCS BROKERAGEentered 2023-06-15

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-06-15Final Order Issued
• 2023-06-15Enforcement Action Closed
• 2023-07-12Enforcement Action Data Entered