Axcela, EPA Reg. No. 6836-350 was not labeled with the EPA Registered, FIFRA Section 3 labels that are
required for registered pesticides. Therefore, the Axcela, EPA Reg. No. 6836-350 presented for import are
not registered pursuant to section 3 of FIFRA, 7 U.S.C. ? 136a. Accordingly, importing the Axcela, EPA
Reg. No. 6836-350 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 correctly file
reports required by the Act. As required by 19 C.F.R. ? 12.114, a Notice of Arrival of Pesticides and Devices
(NOA), EPA form 3540-1, and a copy of one product label must be submitted. Therefore, the shipment that
arrived at the border was also in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N).