the entry the usual Customs single entry or term bond in such amount as is pre- TD 74-227. scribed for such bonds in section 113.14 of these regulations.

(d) The collector of customs shall give written notice to the importer of any TDs 55290, 73-175. lack of compliance with the Fur Products Labeling Act in respect of an importation of fur products, and pursuant to section 141.113 of these regulations shall demand the immediate return of the involved products to customs custody, unless the lack of compliance is forthwith corrected.

(e) If the products covered by a notice and demand given pursuant to para- TD 53268. graph (d) of this section are not promptly returned to customs custody and the collector is not fully satisfied that they have been brought into compliance with the Fur Products Labeling Act, appropriate action shall be taken to effect the collection of liquidated damages in an amount equal to the entered value of the merchandise not redelivered, plus the estimated duty thereon as determined at the time of entry, unless the owner or consignee shall file with the appropriate customs officer an application for cancelation of the liability incurred under the bond upon the payment as liquidated damages of a lesser amount than the full amount of the liquidated damages incurred, or upon the basis of such other terms and conditions as the Secretary of the Treasury may deem sufficient. The application shall contain a full statement of the reasons for the requested cancelation and shall be in duplicate.

(f) If any fraudulent violation of the Act with respect to imported articles comes to the attention of a collector of customs, the involved merchandise shall be placed under seizure, or a demand shall be made for the redelivery of the merchandise if it has been released from customs custody, and the case shall be reported to the Federal Trade Commission, Washington 25, D. C. (Sec. 6, 65 Stat. 178; 15 U.S.C. 69d.)

11.12b Labeling textile fiber products.--(a) Textile fiber products imported TD 55085. into the United States shall be labeled or marked in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70-70k) and the rules and regulations promulgated thereunder by the Federal Trade Commission (16 CFR, Part 303) unless exempt from marking or labeling under section 12 of the Act (15 U.S.C. 70j). An invoice or other paper, containing the specified information may be used in lieu of a label where the textile product is not in the form intended for sale, delivery to, or for use by the ultimate consumer. Rule 31 of the Federal Trade Commission (16 CFR 303.31).

(b) If imported fiber products are not correctly labeled and the collector is TD 72-262. satisfied that the error or omission involved no fraud or willful neglect, the importer shall be afforded a reasonable opportunity to label the merchandise under customs supervision to conform with the requirements of such Act and the rules and regulations of the Federal Trade Commission. The compensation and expenses of customs officers and employees assigned to supervise the labeling shall be reimbursed to the Government and shall be assessed in the same manner as in the case of marking of country of origin, section 134.55 of this chapter. (c) Packages of fiber products subject to the provisions of this section which TD 74-227. are not designated for examination may be released pending examination of the designated packages, but only if there shall have been filed in connection with the entry the usual Customs single entry or term bond in such amount as is prescribed for such bonds in section 113.14 of these regulations.

(d) The collector of customs shall give written notice to the importer of any lack of compliance with the Fiber Products Identification Act in respect of an importation of fiber products, and pursuant to section 141.113 of these regulations shall demand the immediate return of the involved products to customs custody, unless the lack of compliance is forthwith corrected.

(e) If the products covered by a notice and demand given pursuant to the preceding paragraph are not promptly returned to customs custody and the collector is not fully satisfied that they have been brought into compliance with the Fiber Products Identification Act, appropriate action shall be taken to effect the collection of liquidated damages in an amount equal to the entered value of the merchandise not redelivered, plus the estimated duty there on as determined at the time of entry, unless the owner or consignee shall file with the appropriate customs officer an application for cancellation of the liability incurred under the bond upon the payment as liquidated damages of a lesser amount than the full amount of the liquidated damages incurred, or upon the basis of such other terms and conditions as the Secretary of the Treasury may deem sufficient. The

TDs 55290, 73-175.

CR-259

TD 51779.

CIE 33/43, 1/19/43.

TDs 52159, 53399.

(2nd Rev.-Oct. 1972)

application shall contain a full statement of the reasons for the requested cancellation and shall be in duplicate.

(f) If any willful or flagrant violation of the Act with respect to the importation of articles comes to the attention of a collector of customs, the involved merchandise shall be placed under seizure, or a demand shall be made for the redelivery of the merchandise if it has been released from customs custody, and the case shall be reported to the Federal Trade Commission, Washington 25, D. C. (Sec. 501, 65 Stat. 290, secs. 2-12, 14, 72 Stat. 1717; 5 U.S.C. 140, 15 U.S.C. 70-70k).

11.13 False designations of origin and false descriptions; false marking of articles of gold or silver.--(a) Articles which bear, or the containers of which bear, false designations of origin, or false descriptions or representations, including words or other symbols tending falsely to describe or represent the articles, are prohibited importation and shall be detained.14

(b) Articles made in whole or in part of gold or silver or alloys thereof imported for sale by manufacturers or dealers which are marked or labeled in a manner indicating a greater degree of fineness than the actual fineness of the gold or silver or alloys thereof, and any plated or filled articles so imported which are marked or labeled to indicate the fineness of the gold or silver and are not also marked or labeled to indicate the plated or filled condition or are marked or labeled with the word "sterling" or the word "coin'', are prohibited importation and shall be detained, and the facts shall be reported to the United States attorney.

(c) Whenever any articles are detained in accordance with the foregoing provisions of this section, and in the case of any articles detained under paragraph (b) the United States attorney has indicated that he does not intend to prosecute, the articles shall be seized and forfeited in the usual manner, except that, upon the filing of a petition therefor by the importer prior to final disposition of the articles, the collector may release the articles upon the condition that the prohibited marking be removed or obliterated or that the articles and containers be properly marked to indicate their origin, contents, or condition, or may permit the articles to be exported or destroyed under customs supervision, and without expense to the Government.

(d) Articles forfeited for violation of section 294, 1124, or 1125, title 15,1⁄4 and section 545, title 18, United States Code, may be disposed of in accordance with the procedure applicable to other customs forfeitures, but may not be released from customs custody except upon the removal by and at the expense of the party in interest of the prohibited marking by reason of which the articles were seized. (Secs. 1-5, 34 Stat. 260-262, secs. 42, 43, 60 Stat. 440, 441, sec. 1, 62 Stat. 716, sec. 618, 46 Stat. 757; 15 U.S.C. 294-298, 1124, 1125, 18 U.S.C. 545, 19 U.S.C. 1618.)

14 "It shall be unlawful for any person, firm, corporation, or association, being a manufacturer of or wholesale or retail dealer in gold or silver jewelry or gold ware, silver goods or silverware. to import or export or cause to be imported into or exported from the United States for the purpose of selling or disposing of the same, any article of merchandise manufactured after June 13, 1907, and made in whole or in part of gold, or silver, or any alloy of either of said metals, and having stamped, branded, engraved, or printed thereon, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which said article is incased or inclosed, any mark or word indicating or designed or intended to indicate that the gold or silver or alloy of either of said metals, in such article is of a greater degree of fineness than the actual fineness or quality of such gold, silver, or alloy, according to the standards and subject to the qualifications set forth in sections 295 and 296.'' (15 U. S C. 294; see also 15 U. S. C. 295-298.)

"*** no article of imported merchandise which* ** shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any customhouse of the United States; * * * '(15 U. S. C. 1124.)

"(a) Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation of origin, or any false description or representation, including words or other symbols tending falsely to describe or represent the same, and shall cause such goods or services to enter into commerce, and any person who shall with knowledge of the falsity of such designation of origin or description or representation cause or procure the same to be transported or used in commerce or deliver the same to any carrier to be transported or used, shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation.

"(b) Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or seized." (15 U. S. C. 1125.)

The laws of the United States relating to patents, trade-marks, and copyrights have been extended to the Virgin Islands. (See 48 U. S. C. 1405q.)

(CR-261 thru CR-272 deleted)

12.1-12.3

21 USC 371 (b).

TDs 51775, 51836, 52492, 53399, 68-191.

TDs 68-191, 75-194.

15 USC 409 (c). TD 68-191.

TD 68-191.

7 USC 135h, 15 USC 405(a), 21 USC 381(b).

TDs 50069, 51836, 50320, 52492, 53399, 68-191,

75-194.

Authority: Sections 12.1 to 12.73 issued under R.S. 161, as amended, 251, sec. 624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624. Statutory provisions interpreted or applied and special rule-making authorities are cited to text in parentheses.

FOOD, DRUGS, AND COSMETICS, ECONOMIC POISONS, HAZARDOUS SUBSTANCES, AND DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCES

12.1 Cooperation with certain agencies; joint regulations.--(a) Federal Food, Drug, and Cosmetic Act.-- The importation into the United States of food, drugs, devices, and cosmetics as defined in section 201(f), (g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f), (g), (h), (i)) is governed by section 801 of the Act, as amended (21 U.S.C. 381) and regulations issued under authority of section 701(b) of the Act (21 U.S.C. 371(b)) by the Secretary of Health, Education, and Welfare, and the Secretary of the Treasury (21 CFR 1.315-1.322). (b) Federal Insecticide, Fungicide, and Rodenticide Act. The importation of pesticides and devices is governed by section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 1360(c)), and regulations issued under the authority of section 17(e) of that Act (7 U.S.C. 1360(e)) by the Secretary of the Tresury, in consultation with the Administrator of the Environmental Protection Agency, as set forth below (section 12.110 et seq.).

(c) Federal Hazardous Substances Act.-- The importation of hazardous substances, misbranded hazardous substances, or banned hazardous substances as defined in section 2 of the Federal Hazardous Substances Act, as amended (15 U.S.C. 1261) is governed by regulations issued under the authority of sections 10(b) and 14 of said Act, as amended (15 U.S.C. 1296, 1273), by the Secretary of Health, Education, and Welfare and the Secretary of the Treasury (21 CFR

191.265-191.272).

(d) Federal Caustic Poison Act.-- The importation of certain dangerous caustic or corrosive substances as defined in section 2(a) of the Federal Caustic Poison Act (15 U.S.C. 402(a)) is governed by section 5 of the Federal Caustic Poison Act (15 U.S.C. 405) and regulations prescribed by the Food and Drug Administration, Department of Health, Education, and Welfare (21 CFR 285.20-285.32) under authority of section 9 of the Act (15 U.S.C. 409).

12.3 Release under bond.--No food, drug, device, cosmetic, pesticide, hazardous substance, or dangerous caustic or corrosive substance, the subject of section 12.1 shall be released except in accordance with the laws and regulations applicable thereto. Where any such merchandise is to be released under bond pursuant to regulations applicable thereto, a bond on Customs Form 7551, 7553, or 7595, containing a condition for the return of the merchandise, or any part thereof, to Customs custody upon demand, of the district director of Customs, shall be required.

CR-274

7 USC 134, 15 USC

12.4 Exportation.-- The exportation of merchandise, the subject of section 12.1 of this chapter, refused admission into the United States in accordance with 405(b), 21 USC regulations applicable thereto shall be under Customs supervision in accordance with the regulations set forth in sections 18.25 and 18.26 of this chapter.

381(b). TDs 50505, 51836, 52492, 68-191.

68-191.

12.5 Shipment to other ports.-- When imported merchandise, the subject of TDs 51836, 52492, section 12.1 of this chapter, is shipped to another port for reconditioning or exportation, such shipment shall be under a Customs carrier's manifest, Customs Form 7512, in the same manner as shipments in bond.

IMPORTATION OF CERTAIN CHEESES

12.6 Affidavits required to accompany entry.--(a) Cheeses produced in the TD 75-210. member states of the European Communities shall not be permitted entry into the Customs territory of the United States (excluding Puerto Rico) if exported from any country or area other than the country of origin, or into Puerto Rico, unless accompanied by:

(1) An affidavit, in the event of shipments into the Customs territory of the United States (excluding Puerto Rico), of the producer or exporter that the cheese has not received and will not receive restitution payments of the type referred to in Executive Order No. 11851, dated April 10, 1975 (40 FR 16645); or

(2) An affidavit, in the event of shipments into Puerto Rico, of the importer that the cheese will be consumed in Puerto Rico or areas outside the Customs territory of the United States. Proof of actual consumption shall be furnished to the appropriate Customs officer within three years after the date such cheese is entered, or withdrawn from warehouse, for consumption.

(b) These affidavits shall not be required to accompany importations of cheese produced in the member states of the European Communities if such cheese is shipped directly to the United States (excluding Puerto Rico) from the country of origin on a through bill of lading.

(Sec. 303, 46 Stat. 687, sec. 204, 70 Stat. 200, as amended (7 U.S.C. 1854, 19 U.S.C. 1303))

MILK AND CREAM

12.7 Permits required for importation.--(a) Under the Act of February 15, TD 53399. 1927 (44 Stat. 1101; 21 U.S.C. 141 - 149), commonly known as the Federal Import Milk Act, the importation into the United States of milk and cream is prohibited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit from the Department of Health, Education, and Welfare. Such permits become invalid at the end of one year unless applications for renewal are filed prior to the date of expiration.

(b) The regulations of the Department of Health, Education, and Welfare under TD 52492. the said Act' require that each container of milk or cream shipped or transported into the United States by a permittee shall have firmly attached thereto a tag showing in clear and legible type the product (raw milk, pasteurized milk, raw cream, or pasteurized cream), the permit number, and the name and address of the shipper; except that in case of unit shipments consisting of milk only or cream only under one permit number, each container need not be so marked if the vehicle of transportation is sealed and tagged with the above-mentioned tag. In such case the tag is required to show, in addition to the other required information, the number of containers and the contents of each. Customs officers shall not permit the importation of any milk or cream that is not tagged in accordance with such regulations.

❝See Appendix XXI, Customs Regulations.

CR-275