Recently, the Committee on Energy and Commerce voted through an Act called Foreign Manufacturers Legal Accountability Act of 2010 (H.R.4678), which states that the head of each applicable agency shall require foreign manufacturers and producers to establish a registered agent in the United States who is authorized to accept service of process on behalf of the manufacturer and producers for all civil and regulatory actions in State and Federal courts, otherwise, the manufacturers and producers will be banned to import products into the USA. H.R.4678 also sets that the registered agent should be located in one State with a substantial connection to the importation, distribution, or sale of the products of such foreign manufacturer or producer. The products covered by the Act are as follows: (1) drugs, devices, and cosmetics; (2) biological product; (3) consumer products; (4) chemical substances or new chemical substances; (5) pesticide.
Recently, the Act has been reported by CPSC, which will be submitted to House and Senate for vote, and enter into force after signed by the President. The whole process is estimated to last for about one year.
Manufacturers and producers should establish a registered agent within 180 days after the Act comes into force, otherwise, the product will be prohibited importing into the USA, CTT suggest that all the involved parties should follow up the process of the Act and make good preparation at any time.