Baygon Mosquito Coils are not registered pursuant to section 3 of FIFRA (7 U.S.C. ? 136a). Therefore, Baygon Mosquito Coils are unregistered pesticides. Importing Baygon Mosquito Coils in the shipment referenced above is a violation of FIFRA section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), as a distribution or sale of an unregistered pesticide.
19 C.F.R. ?12.114 requires that a Notice of Arrival of Pesticides and Devices (NOA), EPA form 3540-1, and a copy of one product label must be submitted. The registrant, wholesaler, dealer, retailer, or other distributor for this shipment failed to correctly file the required information. Therefore, the shipment that arrived at the border also is in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N).