[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: 19CFR12.29]

[Page 225-226]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 12--SPECIAL CLASSES OF MERCHANDISE--Table of Contents
 
Sec. 12.29  Plumage and eggs of wild birds.

    (a) The provisions of Chapter 5, Additional U.S. Note 1, relating to 
the plumage of any bird, apply to all such plumage, whether imported 
separately

[[Page 226]]

or upon the bird itself, except (1) the feathers of birds specifically 
excepted by Additional U.S. Note 1 to Chapter 5, Harmonized Tariff 
Schedule of the United States (HTSUS), (2) plumage imported for 
scientific or educational purposes, (3) fully-manufactured artificial 
flies used for fishing, (4) plumage on game birds killed in foreign 
countries by residents of the United States and not imported for sale or 
other commercial purposes, and (5) plumage on live wild birds.
    (b) The feathers or skins of certain birds may be imported for use 
in the manufacture of artificial flies used for fishing or for millinery 
purposes only under a permit issued by the Fish and Wildlife Service, 
United States Department of Interior, Washington DC 20240. No feathers 
or skins of the pro-species provided for by Additional U.S. Note 1, 
Chapter 5, HTSUS, shall be permitted to be entered, or withdrawn from 
warehouse, for consumption, unless the requisite permit is presented 
with the entry or withdrawal.
    (c) The importation of the eggs of wild nongame birds is prohibited 
except as dead natural history specimens for museum or scientific 
collection purposes. The eggs of migratory birds may be imported for 
propagating purposes or for scientific and other limited purposes under 
permits issued by the Fish and Wildlife Service, U.S. Department of the 
Interior, Washington, DC 20240. State game departments, municipal game 
farms or parks, and public museums, zoological parks or societies, and 
scientific or educational institutions may import the eggs of migratory 
birds without a permit (50 CFR 16.3). The eggs of certain game or 
migratory birds imported for hatching, such as ducks, geese, swans, 
turkeys, pigeons, doves, pheasant, grouse, partridges, quail, guinea 
fowl, and pea fowl, are subject to the regulations of the Animal and 
Plant Health Inspection Service, Veterinary Services, U.S. Department of 
Agriculture, Washington, DC 20250. Such regulations require that 
permits, except for eggs from Canada offered for entry at certain land 
border ports, must be obtained before the eggs are shipped from the 
country of origin and that all eggs shall be accompanied by a 
certificate issued by a national government veterinarian of the country 
of origin and inspected at a designated port of entry.
    (d) Upon the attempted importation of eggs of wild birds, the 
importation of which is prohibited by Chapter 4, Additional U.S. Note 
26, the eggs shall be seized and the importer accorded an opportunity to 
assent to forfeiture. In the event the importer refuses or fails to 
assent to the forfeiture of the prohibited eggs, the port director shall 
proceed to forfeit them under the provisions of the tariff act 
applicable to seizure and forfeiture of merchandise valued at less than 
$2,500.

[28 FR 14710, Dec. 31, 1963, as amended by T.D. 66-68, 31 FR 5358, Apr. 
5, 1966; T.D. 78-99, 43 FR 13060, Mar. 29, 1978; T.D. 82-145, 47 FR 
35476, Aug. 16, 1982; T.D. 89-1, 53 FR 51253, Dec. 21, 1988; T.D. 97-82, 
62 FR 51770, Oct. 3, 1997]