1. SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SEC. 2601 ET SEQ. ( TSCA ). 2. NIPPON PIGMENT (USA) INC. 10900 STRANG ROAD LA PORTE, TEXAS 77571 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 5(A)(1), 15(1)(B) AND 15(3)(B) OF TSCA BY FAILING TO SUBMIT A PREMANUFACT- URE NOTICE (PMN) TO THE ADMINISTRATOR OF EPA AT LEAST 90 DAYS BEFORE IMPORTATION OR MANUFACTURE OF A CHEMICAL, AND SECTIONS 15(3)(A) AND 15(3)(B) OF TSCA IN THAT THE RE- SPONDENT FAILED TO 1) ESTABLISH AND MAINTAIN AND 2) PRO- VIDE TO THE DISTRICT DIRECTOR AT THE PORT OF ENTRY A COM- PLETE CERTIFICATION STATEMENT REPRESENTING THE TRUE COM- PLIANCE STATUS OF CHEMICAL A. 4. RELIEF SOUGHT PURSUANT TO SECTION 16(A) OF TSCA, A PENAL- TY OF $93,500.00 IS PROPOSED.