[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: 19CFR11.12b]



[Page 259-260]

 

                        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.  11.12b  Labeling textile fiber products.



    (a) Textile fiber products imported into the United States shall be 

labeled or marked in accordance with the Textile Fiber Products 

Identification Act (15 U.S.C. 70 through 70k) and the rules and 

regulations promulgated thereunder by the Federal Trade Commission (16 

CFR part 303) unless exempt from marking or labeling under section 12 of 

the Act (15 U.S.C. 70i). An invoice or other paper, containing the 

specified information may be used in lieu of a label where the textile 

product is not in the form intended for sale, delivery to, or for use by 

the ultimate consumer. Rule 31 of the Federal Trade Commission (16 CFR 

303.31).

    (b) If imported fiber 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 fiber products subject to the provisions of this 

section which



[[Page 260]]



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 Fiber Products Identification Act in 

respect of an importation of fiber 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 

the preceding paragraph are not promptly returned to Customs custody and 

the port director is not fully satisfied that they have been brought 

into compliance with the Fiber Products Identification 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 willful or flagrant violation of the Act with respect to 

the importation of 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. 501, 65 Stat. 290, secs. 2-12, 14, 72 Stat. 1717; 15 U.S.C. 70-

70k, 31 U.S.C. 483a; 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]