[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR635.46]

[Page 256-257]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                   Subpart D--Restrictions on Imports
 
Sec. 635.46  Import requirements for swordfish.

    (a) General. To facilitate enforcement of domestic regulations, a 
swordfish, or part thereof, less than the minimum size specified at 
Sec. 635.20(e) may not be imported, or attempted to be imported, into 
the United States unless it is accompanied by the swordfish certificate 
of eligibility as specified in paragraph (b) of this section attesting 
either that the swordfish was harvested from an ocean area other than 
the Atlantic Ocean or that the fish part was derived

[[Page 257]]

from a swordfish, harvested from the Atlantic Ocean, that weighed at 
least 33 lb (15 kg) dw at harvest.
    (b) Swordfish COE. (1) A shipment of swordfish in any form offered 
for import into the United States, directly or indirectly, from any 
country is admissible only if accompanied by a swordfish COE. A 
swordfish COE is required for swordfish identified by any item number 
from the Harmonized Tariff Schedule including but not limited to the 
following:
    (i) Fresh or chilled swordfish steaks, No. 0302.69.20.41.
    (ii) Fresh or chilled swordfish, excluding steaks, No. 
0302.69.20.49.
    (iii) Frozen swordfish steaks, No. 0302.79.20.41.
    (iv) Frozen swordfish, excluding fillets, steaks and other fish 
meat, No. 0302.79.20.49.
    (v) Frozen swordfish, fillets, No. 0304.20.60.92.
    (2) The swordfish COE required under this section must indicate, in 
English, the flag state of the harvesting vessel, the ocean area of 
harvest and, if the shipment contains swordfish or parts thereof less 
than the minimum size specified at Sec. 635.20(e), the reason such 
swordfish is eligible for entry, as specified in paragraph (a) of this 
section. The swordfish COE shall be attached to the invoice accompanying 
the swordfish shipment from the point of original export up to and 
including the point of first transaction in the United States.
    (3) The swordfish COE required under this section must include, in 
English, the date, the name, the title of the governmental official or 
other authorized person, and the name of the authorizing government 
agency of the country exporting the swordfish to the United States. The 
swordfish COE must be signed and dated by that governmental official or 
authorized person with an official government seal affixed, thus 
validating the information on the COE. (4) A swordfish COE may refer to 
swordfish taken from only one ocean area of harvest (i.e., Atlantic, 
Pacific, Indian) and by vessels under the jurisdiction of only one 
nation. If a shipment contains swordfish taken from more than one ocean 
area, or swordfish harvested by several vessels from different flag 
states, a separate swordfish COE must accompany the shipment for each 
ocean area of harvest and for each flag nation of the harvesting 
vessels.
    (5) A model swordfish COE can be obtained by contacting the Division 
Chief. An equivalent form may be used provided it contains all the 
information required under this section.
    (6) The importer must write the Customs Form 7501 entry number on 
each swordfish COE and attach to the dealer report form all swordfish 
COEs from shipments that are recorded on the bi-weekly dealer report 
form.