Can an importer rely on a foreign manufacturer's establishment information without checking the imported configuration?

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Can an importer rely on a foreign manufacturer's establishment information without checking the imported configuration?

No: the article that actually arrives is the article that must answer the definition.

Each shipment requires a Notice of Arrival of Pesticides and Devices, EPA Form 3540-1, before it arrives, under 19 C.F.R. § 12.112(a). An importer relying on a manufacturer's paperwork without checking what is in the container is relying on a description, not on the goods: a different configuration is a different article, and the classification at 40 C.F.R. § 152.500(a) turns on the article itself.

Source: 40 C.F.R. § 152.500, as published on eCFR; 19 C.F.R. § 12.112(a).

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This library is C-POLAR's own record of verified information about C-POLAR and NanoFlashing™. Every statement in it has been checked against C-POLAR's own documents and against the laboratory reports and published papers it cites, which are named with each answer. Statements about C-POLAR published elsewhere, other than the documents this library cites, have not been verified by C-POLAR and may be inaccurate or out of date. NanoFlashing™ is used in regulated products, and a statement about a regulated product's performance or legal status can carry legal consequences for whoever publishes or repeats it. Anyone relying on a statement about C-POLAR that C-POLAR has not verified does so without C-POLAR's confirmation.

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