Injury and Accident Law

Costs Chargeable in Connection With Reconditioning Violative Imports

Costs Chargeable in Connection With Reconditioning Violative Imports

The cost of CPSC staff supervising the relabeling or other action necessary to bring the goods seized or detained at a Port of Entry into compliance with CPSC requirements shall be paid by the owner or consignee of the violative goods. The Commission’s regulations at 16 C.F.R. § 1500.272, provide for such costs for products seized or detained for violations of the FHSA. The Commission also is authorized to charge for monitoring the reconditioning of products detained under other statutes (see § 17(f) of the CPSA, § 6(d) of the FFA, and § 304(d)(1) of the FD&CA for PPPA violations). The guidelines provided in 16 C.F.R. § 1500.272 are used to determine costs chargeable for monitoring correction of violations under all statutes administered by the Commission. Such costs must be paid to the Consumer Product Safety Commission. The cost of such supervision shall include, but not be restricted to, the following:

  1. Travel expenses of the supervising officer.
  2. Per diem in lieu of subsistence of the supervising officer when away from his home station as provided by law.
  3. Services of the supervising officer to be calculated at the rate of a GS-11, Step 1 employee.
  4. Services of the analyst to be calculated at the rate of a GS-12, Step 1 employee (including use of chemical laboratories and equipment).
  5. The minimum charge for services of supervising officers and of analysts shall be not more than the charge for one hour, and time after the first hour shall be computed in multiples of one hour, disregarding fractional parts less than one-half hour.