12.91 (b) Requirements for entry and release.--Electronic products subject to standards in effect under section 358 of the Act (42 U.S. C. 263f) when offered for importation into the Customs territory of the United States shall be refused entry unless there is filed with the entry, in duplicate, a declaration verified by the importer or consignee which identifies the product and affirms: (1) That the electronic products comply with all standards in effect under section 358 of the Act (42 U.S.C. 263f) and that the certification required by section 360 of the Act (42 U.S.C. 263h) in the form of a label or tag are attached thereto; or (2) That the certification required by section 360 of the Act is not affixed to the electronic product but that a timely and adequate petition for permission to bring the product into compliance with applicable standards has been or will be filed with the Secretary of Health, Education, and Welfare in accordance with 42 CFR 78.607. The duplicate copy of the declaration filed under this paragraph shall be forwarded by the district director of Customs directly to the Secretary of Health, Education, and Welfare or his designee. (c) Notice of sampling.--When a sample of a product offered for importation has been requested by the Secretary of Health, Education, and Welfare as provided for in 42 CFR 78.604, the district director of Customs having jurisdiction over the shipment from which the sample is procured shall give to its owner or consignee prompt notice of delivery of, or intention to deliver, such sample. If the notice so requires, the owner or consignee shall hold the shipment of which the sample is typical and not release such shipment until notice of the results of the tests of the sample from the Secretary of Health, Education, and Welfare stating the product fulfills the requirements of the Act. (d) Release under bond.--If a declaration filed in accordance with paragraph TD 74-227. (b) of this section states that the entry is being made under circumstances described in subparagraph (2) of said paragraph (b), the entry shall be accepted only if the importer or consignee gives a bond on Customs Form 7551, 7553, or 7595 for the production of a notification from the Secretary of Health, Education, and Welfare or his designee, in accordance with 42 CFR 78,604, that the electronic product described in the declaration filed by the importer or consignee is in compliance with the applicable standards. The bond shall be in the amount required under section 113.14 of this chapter. Within 90 days after such entry, or such additional period as the district director of Customs may allow for good cause shown, the importer or consignee shall take any action necessary to insure delivery to the district director of the notification described in this paragraph. If the notification described in this paragraph is not delivered to the district director of Customs for the port of entry of such electronic products within 90 days of the date of entry or such additional period as may be allowed by the district director, for good cause shown, the importer or consignee shall deliver or cause to be delivered to the district director of Customs those electronic products which were released in accordance with this paragraph. In the event that any such electronic products are not redelivered within 5 days following the date specified in the p. eceding sentence, liquidated damages shall be assessed in the full amount of a bond given on Form 7551. When the transaction has been charged against a bond given on Form 7553 or 7595, liquidated damages shall be assessed in the amount that would have been demanded under the preceding sentence if the merchandise had been released under a bond given on Form 7551. (e) Merchandise refused entry. --If electronic products are denied entry under any provision of this section, the district director of customs shall refuse to release the merchandise for entry into the United States. (f) Disposition of merchandise refused entry into the United States; redelivered merchandise.--Electronic products which are denied entry under paragraph (b) of this section or which are redelivered in accordance with paragraph (d) of this section and which are not exported under Customs supervision within 90 days from the date of notice of refusal of admission or date of redelivery shall be disposed of under Customs laws and regulations; Provided, however, that any such disposition shall not result in an introduction into the United States of an electronic product in violation of the Act. (Sec. 358, 82 Stat. 1177, sec. 360, 82 Stat. 1181; 42 U.S. C. 263f, 263h). CR-302-1 SWITCHBLADE KNIVES 12.95 Definitions. --Terms as used in sections 12.96 through 12.103 of this part are defined as follows: (a) Switchblade knife. "Switchblade knife" means any imported knife which has- (1) A blade which opens automatically by hand pressure applied to a button or device in the handle of the knife, or any knife with a blade which opens automatically by operation of inertia, gravity, or both; or (2) A stiletto or other blade style which is designed for purposes that include a primary use as a weapon when, by insignificant preliminary preparation, as described in paragraph (b) of this section such stiletto or other weapon can be altered or converted so as to open automatically by operation of inertia, gravity, or both under the principle of the decision in the case of Precise Imports Corporation and Others v. Joseph P. Kelly, Collector of Customs, and Others (378 F. 2d 1014). (b) Insignificant preliminary preparation. "Insignificant preliminary preparation" means preparation with the use of ordinarily available tools, instruments, devices, and materials by one having no special manual training or skill for the purpose of modifying blade heels, relieving binding parts, altering spring restraints, or making similar minor alterations which can be accomplished in a relatively short period of time. (c) Utilitarian use. "Utilitarian use" includes but is not necessarily limited to use- (1) For a customary household purpose; (2) For usual personal convenience, including grooming; (3) In the practice of a profession, trade, or commercial or employment activity; (4) In the performance of a craft or hobby; (5) In the course of such outdoor pursuits as hunting and fishing; and (6) In scouting activities. 12.96 Imports unrestricted under the Act.--(a) Common and special purpose knives. Imported knives with a blade style designed for a primary utilitarian use, as defined in section 12.95(c), shall be admitted to unrestricted entry provided that in condition as entered the imported knife is not a switchblade knife as defined in section 12.95(a)(1). Among admissable common and special purpose knives are jack-knives and similar standard pocket knives, special purpose knives, scout knives, and other knives equipped with one or more blades of such single edge nonweapon styles as clip, skinner, pruner, sheep foot, spey, coping, razor, pen, and cuticle. (b) Weapons with fixed blades. Importations of certain articles having a fixed unexposed or exposed blade are not within the prohibition of the Act of August 12, 1958 (15 U.S. C. 1241 - 1244). However, upon release by Customs, possession of these admissible articles which include such weapons as sword canes, camel whips, swords, sheath knives, machetes and similar devices that may be capable of use as weapons may be in violation of State or municipal laws. 12.97 Importations contrary to law. --The importation of switchblade knives, except as permitted by section 4 of the Act of August 12, 1958 (15 U.S.C. 1244), are importations contrary to law and subject to forfeiture under 18 U.S. C. 545. 12.98 Importations permitted by statutory exceptions.--The importation of switchblade knives is permitted by section 4 of the Act of August 12, 1958 (15 U.S. C. 1244), when- (a) Imported pursuant to contract with a branch of the Armed Forces of the United States; (b) Imported by a branch of the Armed Forces of the United States or any member or employee thereof acting in the performance of his duty; or (c) A switchblade knife having a blade not exceeding 3 inches in length is in the possession of and is being transported on the person of an individual who has only one arm. 12.99 Procedures for permitted entry.--(a) Declaration required. The entry of switchblade knives, the importation of which is permitted under section 12.98 CR-302-J shall be accompanied by a declaration, in duplicate, of the importer or consignee stating the facts of the import transaction as follows: (1) Importation pursuant to Armed Forces contract. (i) The names of the contracting Armed Forces branch and its supplier; other contract designation; and (iii) A description of the kind or type of knife imported, the quantity entered, and the aggregate entered value of the importation. (2) Importation by a branch, member, or employee of the Armed Forces. (i) The name of the Armed Forces branch by or for the account of which entry is made or the branch of the importing member or employee acting in performance of duty; and portation. (ii) The description, quantity, and aggregate entered value of the im (3) Importation by a one-armed person. A statement that the knife has a blade not exceeding 3 inches in length and is possessed by and transported on the declarant's person solely for his necessary personal convenience, accommodation, and use as a one-armed individual. (b) Attachments to declaration. Details for purposes of a declaration required under paragraph (a) of this section may be furnished by reference in the declaration to attachment of the original or copy of the contract or other documentation which contains the information. (c) Execution of declaration. Declarations required by paragraph (a) of this section shall be executed as follows: (1) Contract supplier; Armed Forces branch; member or employee. Declarations made under paragraph (a) or (b) of section 12.98 shall affirm that facts and data furnished are declared on knowledge, information, or belief of a signing officer, partner, or authorized representative of an importing contract supplier or of a commissioned officer, contracting officer, or employee authorized to represent an Armed Forces importing branch. The signature to a declaration shall appear over the declarant's printed or typewritten name, his title or rank, and the identity of the contract supplier or Armed Forces branch he represents or in which he has membership or employment. (2) One-armed person. Declarations made under paragraph (c) of section 12.98, signed by the eligible person, shall be presented upon his arrival directly to an inspector or other Customs officer who shall visually confirm the facts declared. An eligible knife shall be released only to the declarant. (d) Verification of declared information. The importer, consignee, or declarant of knives permitted entry under section 12.98 upon request shall furnish Customs additional documentary evidence from an Armed Forces branch or other relevant source as Customs officers may require in order to- (1) Verify declared statements; (2) Resolve differences pertaining to quantity, description, value, or other discrepancy disclosed by the importation, entry, or related documentation; (3) Establish the declarant's authority to act; or (4) Authenticate a signature. 12.100 Importations in good faith; common or contract carriage.--(a) Exportation in lieu of seizure. Upon a claim that the importer acted in good faith without knowledge of applicable laws and regulations, Customs officers may authorize detained inadmissible knives to be exported otherwise than in the mails, at no expense to the Government, under the procedures of sections 18.25 - 18.27 of this Chapter. (b) Common or contract carriers. In accordance with section 4 of the Act of August 12, 1958 (15 U.S.C. 1244(1)), excepted from the penalties of the Act are the shipping, transporting, or delivering for shipment in interstate commerce, in the ordinary course of business of common or contract carriage, of any switchblade knife. However, imported switchblade knives as defined in section 12.95(a) so shipped or transported to a port of entry or place of Customs examination are prohibited importations subject to sections 12.95 - 12.103 and disposition as therein required, authorized, or permitted. TD 71-243. 12.101 Seizure of prohibited switchblade knives.--(a) Importations contrary TD 71-243. to law. Inadmissible importations which are not exported in accordance with section 12.100(a) shall be seized under section 545, title 18, United States Code. CR-302-K 12.101 12.107 TD 71-243. TDs 71-243, 72-81. TDs 73-119, 73-151, 73-165. (b) Notice of seizure. Notice of Customs seizure shall be sent or given to the importer or consignee, which shall inform him of his right to file a petition under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618), for remission of the forfeiture and permission to export the seized switchblade knives. (See Part 171 of this chapter). 12.102 Forfeiture.--If the importer or consignee fails to submit, within 60 days after being notified of his right to do so, a petition under section 618, Tariff Act of 1930, as amended (19 U.S. C. 1618), for remission of the forfeiture and permission to export the seized importation, the seized prohibited knives shall be forfeited in accordance with applicable provisions of sections 602 - 611, Tariff Act of 1930, as amended (19 U.S. C. 1602 - 1611), and the procedures of sections 23.11 23.22 of this chapter. 12.103 Report to the U.S. Attorney.--Should circumstances and facts of the import transaction show evidence of deliberate violation of the Act of August 12, 1958 (15 U.S. C. 1241 - 1244), so as to present a question of criminal liability, the evidence, accompanied by reports of investigative disclosures, findings, and recommendation, shall be transmitted to the U.S. attorney for consideration of criminal prosecution. The district director of Customs shall hold the seized switchblade knives intact pending disposition of the case. PRE-COLUMBIAN MONUMENTAL AND 12.105 Definitions.--For purposes of sections 12.106 through 12.109: (a) The term "pre-Columbian monumental or architectural sculpture or mural' means any stone carving or wall art listed in paragraph (b) of this section which is the product of a pre-Columbian Indian culture of Bolivia, British Honduras, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Panama, Peru, or Venezuela. (b) The term "stone carving or wall art" includes: (1) Such stone monuments as altars and altar bases, archways, ball court markers, basins, calendars, and calendrical markers, columns, monoliths, obelisks, statues, stelae, sarcophagi, thrones, zoomorphs; (2) Such architectural structures as aqueducts, ball courts, buildings, bridges, causeways, courts, doorways (including lintels and jambs), forts, observatories, plazas, platforms, facades, reservoirs, retaining walls, roadways, shrines, temples, tombs, walls, walkways, wells; (3) Architectural masks, decorated capstones, decorative beams of wood, frescoes, friezes, glyphs, graffiti, mosaics, moldings, or any other carving or decoration which had been part of or affixed to any monument or architectural structure, including cave paintings or designs; (4) Any fragment or part of any stone carving or wall art listed in the preceding subparagraphs. (c) The term "country of origin," as applied to any pre-Columbian monumental or architectural sculpture or mural, means the country where the sculpture or mural was first discovered. 12.106 Importation prohibited.-- Except as provided in section 12.107, no preColumbian monumental or architectural sculpture or mural which is exported from its country of origin after (the effective date of this regulation) may be imported into the United States. 12.107 Importations permitted.-- Pre-Columbian monumental or architectural sculpture or mural for which entry is sought into the Customs territory of the United States will be permitted entry if at the time of making entry: (a) A certificate, issued by the Government of the country of origin of such sculpture or mural, in a form acceptable to the Secretary, certifying that such exportation was not in violation of the laws of that country, is filed with the district director of Customs; or (b) Satisfactory evidence is presented to the district director of Customs that such sculpture or mural was exported from the country of origin on or before (the effective date of this regulation); or (c) Satisfactory evidence is presented to the district director of Customs that such sculpture or mural is not an article listed in section 12.105. CR-302-L 12.108 Detention of articles; time in which to comply.--If the importer cannot produce the certificate or evidence required in section 12.107 at the time of making entry, the district director shall take the sculpture or mural into Customs custody and send it to a bonded warehouse or public store to be held at the risk and expense of the consignee until the certificate or evidence is presented to such officer. The certificate or evidence must be presented within 90 days after the date on which the sculpture or mural is taken into Customs custody, or such longer period as may be allowed by the district director for good cause shown. 12.109 Seizure and forfeiture.--(a) Whenever any pre-Columbian monumental or architectural sculpture or mural listed in section 12.105 is detained in accordance with section 12.108 and the importer states in writing that he will not attempt to secure the certificate or evidence required, or such certificate or evidence is not presented to the district director prior to the expiration of the time provided in section 12.108, the sculpture or mural shall be seized and summarily forfeited to the United States in accordance with Part 162 of this chapter. (b) Any pre-Columbian monumental or architectural sculpture or mural which is forfeited to the United States shall in accordance with the provisions of Title II of Public Law 92-587: (1) First be offered for return to the country of origin, and shall be returned if that country presents a request in writing for the return of the article and agrees to bear all expenses incurred incident to such return; or (2) If not returned to the country of origin, be disposed of in accordance with law, pursuant to the provisions of section 609, Tariff Act of 1930, as amended (19 U.S.C. 1609), and section 162.46 of this chapter. PESTICIDES AND DEVICES 12.110 Definitions.-- Except as otherwise provided below, the terms used in sections 12.111 through 12.117 shall have the meanings set forth for those terms in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.), hereinafter referred to as "the Act." The term "Administrator" shall mean the Administrator of the Environmental Protection Agency. 12.111 Registration.--All imported pesticides are required to be registered under the provisions of section 3 of the Act, and under the regulations (40 CFR 162.10) promulgated thereunder by the Administrator before being permitted entry into the United States. Devices, although not required to be registered, must not bear any statement, design, or graphic representation that is false or misleading in any particular. TD 75-194. TD 75-194. 12.112 Notice of Arrival of Pesticides and Devices.--(a) General. An im- TD 75-194. porter desiring to import pesticides or devices into the United States shall submit to the Administrator a Notice of Arrival of Pesticides and Devices (Environmental Protection Agency Form 3540-1), hereinafter referred to as a Notice of Arrival, prior to the arrival of the shipment in the United States. The Administrator shall complete the Notice of Arrival, indicating the disposition to be made of the shipment of pesticides or devices upon its arrival in the United States, and shall return the completed Notice of Arrival to the importer or his agent. (b) Chemicals imported for use other than as pesticides. Chemicals which can be used as pesticides but which are not imported for such use and are not shown on the Abbreviated List of Pesticides compiled by the Environmental Protection Agency, may be entered without the submission of the Notice of Arrival. 12.113 Arrival of shipment.--(a) Notice of Arrival presented. Upon the arrival of a shipment of pesticides or devices, the importer or his agent shall present to the district director of Customs at the port of entry the Notice of Arrival completed by the Administrator and indicating the Customs action to be taken with respect to the shipment. The district director shall compare entry documents for the shipment of pesticides or devices with the Notice of Arrival and notify the Administrator of any discrepancies. (b) Notice of Arrival not presented. When a shipment of pesticides or devices arrives in the United States without the presentation by the importer or his agent of the Notice of Arrival completed by the Administrator, the shipment shall be detained by the district director at the importer's risk and expense until the completed Notice of Arrival is presented or until other disposition is ordered by the TD 75-194. CR-302-M |