[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR11.13]

[Page 218-219]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 11--PACKING AND STAMPING; MARKING--Table of Contents
 
Sec. 11.13  False designations of origin and false descriptions; false marking of articles of gold or silver.

    (a) Articles which bear, or the containers 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 under 15 U.S.C. 294, 
295, 296, 1124, 1125 or 48 U.S.C. 1405q, and shall be detained.
    (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

[[Page 219]]

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 the case of any articles 
detained under paragraph (b) of this section 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 port director 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 and section 545, Title 18, U.S. 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, except articles disposed of 
under Sec. 133.52 (a) or (b) of this chapter.

(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)

[28 FR 14701, Dec. 31, 1963, as amended by T.D. 79-159, 44 FR 31967, 
June 4, 1979; T.D. 89-1, 53 FR 51253, Dec. 21, 1988]