[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: 19CFR11.13]



[Page 260-261]

 

                        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.  11.13  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 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



[[Page 261]]



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]