; or (C) is or contains a substance that has a chemical structure that is substantially similar to the chemical structure of an active ingredient in a drug or biological product described in subparagraph (A) or (B). (3) Effect Except to the extent that an article may be treated as a drug pursuant to paragraph (2), this subsection shall not be construed as bearing on or being relevant to the question of whether any article is a drug as defined in section 201(g). . (b) Articles of concern (1) Delivery by Treasury to HHS The first sentence of section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended by striking and cosmetics and inserting cosmetics, and potential articles of concern (as defined in subsection (u)) . (2) Refused admission The third sentence of section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended by striking then such article shall be refused admission and inserting or (5) such article is an article of concern (as defined in subsection (u)), or (6) such article is a drug that is being imported or offered for import in violation of section 301(cc), then such article shall be refused admission . (3) Definition of article of concern Section 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ), as amended, is further amended by adding at the end the following: (u) Article of concern defined For purposes of subsection (a), the term article of concern means an article that is or contains a drug or other substance— (1) for which, during the 24-month period prior to the article being imported or offered for import, the Secretary of Health and Human Services— (A) has requested that, based on a determination that the drug or other substance appears to meet the requirements for temporary or permanent scheduling pursuant to section 201 of the Controlled Substances Act, the Attorney General initiate the process to control the drug or other substance in accordance with such Act