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 将影响国内外贸和生产商的＇外国产商责任法＇将于８月通过 |
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emperorfan
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年龄: 51
加入时间: 2010/02/05
文章: 2008
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作者：emperorfan 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
zt How Does the Foreign Manufacturers Legal Accountability Affect US Consumers:
这其实也是贸易保护主义１种
(能买保险Cover defective products 吗? 保险贵吗？Dry wall, toys, Chinese food, etc....)
Foreign Manufacturers Legal Accountability Act of 2009 - Expresses the sense of Congress with respect to jurisdiction of courts in the United States over foreign manufacturers that import products into the United States.
Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), and the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value or quantity, to establish a registered agent in the United States who is authorized to accept service of process on their behalf for the purpose of all civil and regulatory actions in state and federal courts. Requires the registered agent to be located in a state with a substantial connection to the importation, distribution, or sale of the products. Directs the Secretary of Commerce to establish, maintain, and make available to the public a registry of such agents.
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any civil or regulatory proceeding.
Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation.
Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly study the feasibility and advisability of requiring foreign producers of food distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of all civil and regulatory actions in state and federal courts.
If the Foreign Manufacturers Legal Accountability Act passes, which it is likely to do, it will be much easier for you and your family to recover damages you may have suffered as the result of defective foreign products.
Currently, if you are injured by a defective overseas product, you have to have your attorney translate all service of process into the primary language of the foreign company (usually Chinese or Mandarin) and then track down a foreign address and someone in their country to hand deliver service of process for any civil claims. This is time consuming and expensive. Many times, the foreign company will simply ignore the service anyway -- leaving U.S. consumers stuck with defective and worthless products.
In recent years, Chinese companies have sold lead-ba<x>sed toys, poisonous dog food, and moldy drywall to unsuspecting U.S. consumers. To date, the companies have suffered little monetary punishment for selling these defective products. If this new Bill passes, unsafe practices like these will end.
If you have been injured by a defective foreign product, you can currently sue the American company that sold you the product. This places American companies at a disadvantage, though. Without bringing the foreign manufacturer of the product into the lawsuit as a codefendant, the U.S. business that sold the product will be forced to shoulder the entire financial burden of the court awarded damages. Many smaller businesses will fold under this large financial burden. If the foreign company that made the product is held accountable, it would be forced to suffer much of the financial burden for selling you a faulty product, saving the struggling economy and saving many small businesses.
If this bill passes, all foreign companies that sell products in the US will be forced to hire an agent that has an office in the United States. This agent will be able to accept service of process for civil and regulatory claims. This will make all foreign companies who do business in the U.S. legally accountable under our federal jurisdiction.
This bill would cover companies regulated by the EPA, the CPSC, the FDA, and the NHTSA. It would include products such as drugs, cosmetics, pet foods, medical devices, cars and trucks, pesticides, and many toys and children’s products. It pretty much covers everything your family uses on a daily basis.
There are many conservative organizations that think this is just another way for the government to be a watchdog over our daily affairs. If this legislation keeps your family safe, do you really care how it happens? The conservative groups are also scared that this will create a "trade war" which will cause many foreign corporations to stop doing business with the U.S. Again, do you really care if the company that sells you drywall laced with a deadly mold takes its business somewhere else?
This Bill is scheduled to go before a full committee hearing soon. Despite opposition by NAM and other conservative watchdog groups, the Bill is expected to pass. If a foreign company wants to see its products sold in the United States, then it needs to be subjected to the same laws and penalties as domestic manufacturers. No better, no worse.
In response to a series of foreign manufacturer recalls, including Toyota vehicles, drywall and children’ toys, federal lawmakers are considering a bill that would allow U.S. consumers to effectively sue foreign product manufacturers in U.S. courts pursuant to the Foreign Manufacturer Legal Accountability Act of 2010. The proposed bill was approved by the House’s Subcommittee on Commerce, Trade, and Consumer Protection. Many trade experts predict that the bill will pass through Congress this year.
Similar legislation was proposed to the Senate Finance Committee in 2009, but received little attention in the midst of all the drywall and Toyota recalls.
The 2010 Act is intended to provide greater protections for consumers from foreign manufacturers who operate in countries with less strict safety standards and regulations than in the U.S.
The Act would require all foreign manufacturers and producers of products covered by the Act, with U.S. distribution, to establish a registered agent in the U.S. This agent implicitly consents to personal jurisdiction and is authorized to accept service of process on behalf of such manufacturer or producer for the purpose of all civil and regulatory actions in State and Federal courts. See H.R. 4678. Any manufacturer or producer who fails to register an agent within the U.S. will be prohibited from importing into the U.S.
Under current U.S. law, injured consumers must undergo costly investigations to locate the foreign manufacturers in their home countries and try to obtain internal documents and financial information. The proposed Act would streamline the process and provide incentive for foreign manufacturers to achieve the highest standards of safety.
Foreign companies oppose the legislation, arguing that it would increase manufacturing costs. They also claim it would conflict with World Trade Organization rules, which may prompt some countries to impose retaliatory measures that would restrict trade with the U.S. at a time when the U.S. is trying to increase exports.
Counter to the industry response, Ami Gadhia, policy counsel for the Consumers Union, publisher of Consumer Reports, testified at a House hearing last month: “If foreign entities have the benefit of selling products and making profits from sales in the U.S., they should be accountable if the product causes harm.”
Andrew Popper, an American University law professor, said the threat of lawsuits is needed to deter foreign companies from taking shortcuts in the design and manufacture of products.
If the proposed Foreign Manufacturer Legal Accountability Act of 2010 becomes law, consumers who are injured by products designed or manufactured overseas will more readily be able to bring a lawsuit for their injuries within the U.S. Additionally, the bill will provide foreign manufacturers with a strong deterrent to avoid taking negligent shortcuts to increase company profits at the expense of consumer safety.
作者：emperorfan 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
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 将影响国内外贸和生产商的＇外国产商责任法＇将于８月通过 -- emperorfan - (8936 Byte) 2010-7-30 周五, 02:21 (1469 reads)
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