Coghlan?s Citronella Candle is not registered pursuant to section 3 of FIFRA, 7 U.S.C. ? 136a. Therefore, Coghlan?s Citronella Candle is an unregistered pesticide. Importing Coghlan?s Citronella Candle 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.
The shipment that arrived at the border for import is also in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N), because a registrant, wholesaler, dealer, retailer, or other distributor failed to file reports required by FIFRA. As required by 19 C.F.R. section 12.114, a Notice of Arrival of Pesticides and Devices, EPA form 3540-1, and a copy of one product label must be submitted. Neither a Notice of Arrival nor an image of the label was submitted either electronically or via the CBP authorized electronic data interchange system. Therefore, it cannot be allowed entry into the United States.