[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: 19CFR11.12a]



[Page 258-259]

 

                        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.  11.12a  Labeling of fur products to indicate composition.



    (a) Fur products imported into the United States shall have affixed 

thereto a label as required by section 4 of the Fur Products Labeling 

Act (15 U.S.C. 69b) and the rules and regulations promulgated thereunder 

by the Federal Trade Commission (16 CFR 301.1--301.49). The term ``fur 

product'' means any article of wearing apparel made in whole or in part 

of fur or used fur; except that such term shall not include such 

articles as the Federal Trade Commission shall exempt by reason of the 

relatively small quantity or value of the fur or used fur contained 

therein.

    (b) If imported fur products are not correctly labeled and the port 

director is satisfied that the error or omission involved no fraud or 

willful neglect,



[[Page 259]]



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 fur 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 Fur Products Labeling Act in respect of 

an importation of fur 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 Fur Products Labeling 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 fraudulent violation of the act with respect to imported 

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. 6, 65 Stat. 178; 15 U.S.C. 69d; 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]