[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR11.12b]

[Page 210-211]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 11--PACKING AND STAMPING; MARKING--Table of Contents
 
Sec. 11.12b  Labeling textile fiber products.

    (a) Textile fiber products imported into the United States shall be 
labeled or marked in accordance with the Textile Fiber Products 
Identification Act

[[Page 211]]

(15 U.S.C. 70 through 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. 
70i). 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 
port director is 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, Sec. 134.55 of this 
chapter.
    (c) Packages of fiber products subject to the provisions of this 
section which 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 bonds on Customs Form 301, 
containing the bond conditions set forth in Sec. 113.62 and/or 
Sec. 113.68 of this chapter, as appropriate, in such amount as the port 
director may require.
    (d) The port director 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 
Sec. 141.113 of this chapter 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 port director 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 thereon 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 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 port director, 
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 DC 20580.

(Sec. 501, 65 Stat. 290, secs. 2-12, 14, 72 Stat. 1717; 15 U.S.C. 70-
70k, 31 U.S.C. 483a; R.S. 251, as amended, secs. 623, as amended, 624, 
46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))

[28 FR 14701, Dec. 31, 1963, as amended by T.D. 72-262, 37 FR 20318, 
Sept. 29, 1972; T.D. 73-175, 38 FR 17446, July 2, 1973; T.D. 84-213, 49 
FR 41167, Oct. 19, 1984]