[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR11.12]



[Page 257-258]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 11_PACKING AND STAMPING; MARKING--Table of Contents

 

Sec.  11.12  Labeling of wool products to indicate fiber content.



    (a) Wool products imported into the United States, except those made 

more than 20 years prior to importation, and except carpets, rugs, mats, 

and upholsteries, shall have affixed thereto a stamp, tag, label, or 

other means of identification, as required by the Wool Products Labeling 

Act of 1939 (54 Stat.



[[Page 258]]



1129; 15 U.S.C. 68 et seq.) and the rules and regulations promulgated 

thereunder by the Federal Trade Commission (16 CFR part 300). The term 

``wool product'' means any product, or any portion of a product, which 

contains, purports to contain, or in any way is represented as 

containing wool, reprocessed wool, or reused wool.

    (b) If imported wool 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 wool 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 Wool Products Labeling Act of 1939 in 

respect of an importation of wool 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 

paragraph (d) of this section are not promptly returned to Customs 

custody and the port director is not fully satisfied that they have been 

brought into compliance with the Wool Products Labeling Act of 1939, 

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 fraudulent violation of the act with respect to imported 

articles comes to the attention of the 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, D.C.



(Sec. 8, 54 Stat. 1132; 15 U.S.C. 68f; 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]