; or (B) the Secretary of Health and Human Services finds that any shipment of such seafood appears to be in violation of this Act or other applicable Federal laws or regulations. (2) Import certification For any exporter whose seafood products are refused admission under paragraph (1) based on a prior shipment, the Secretary of Health and Human Services shall determine whether to require, as a condition of granting admission into the United States to an article of seafood originating from such exporter, that such seafood be accompanied by a certification or other assurance under section 801(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(q) ). (3) Allowance of individual shipments Paragraph (1) does not apply with respect to an individual shipment of seafood originating from an exporter whose products must otherwise be refused admission under such paragraph if the exporter presents evidence to the Secretary of Health and Human Services or the Secretary of Commerce from a laboratory accredited under section 422 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350k ), or other equivalent evidence, documenting that the shipment is in compliance with the provisions of subsection (a) and other applicable Federal laws or regulations prohibiting seafood fraud. (4) Termination of individual shipment screening requirement Paragraph (1) shall cease to prohibit the admission of seafood originating from an exporter based on a prior shipment if the Secretary of Health and Human Services or the Secretary of Commerce determines that— (A) each prior shipment whose appearance triggered the application of such paragraph was in fact in compliance with the provisions of subsection (a) and other applicable Federal laws or regulations, including those prohibiting seafood fraud