These claims demonstrate a pesticidal intent pursuant to the definitions above. Therefore,
Thermacell Tick Control Tubes is a pesticide subject to FIFRA regulation.
Thermacell Tick Control Tubes is not registered pursuant to section 3 of FIFRA, 7 U.S.C.
? 136a. Therefore, Thermacell Tick Control Tubes is an unregistered pesticide. Importing
Thermacell Tick Control Tubes 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.