The products listed above consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than as use for pesticidal purpose or as use for manufacture of a pesticide. None of the products in the Shipment are registered pesticides under section 3 of FIFRA, 7 U.S.C. ? 136a.
Therefore, the Shipment is in violation of FIFRA section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), which states that it is unlawful for any person to distribute or sell any pesticide that is not registered under section 3 of FIFRA, 7 U.S.C. ? 136a.
The shipment that arrived at the border for import was 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.