[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: 19CFR12.29]



[Page 274-275]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 12_SPECIAL CLASSES OF MERCHANDISE--Table of Contents

 

Sec.  12.29  Plumage and eggs of wild birds.



    (a) The provisions of Chapter 5, Additional U.S. Note 1, relating to 

the plumage of any bird, apply to all such plumage, whether imported 

separately or upon the bird itself, except (1) the feathers of birds 

specifically excepted by Additional U.S. Note 1 to Chapter 5, Harmonized 

Tariff Schedule of the United States (HTSUS), (2) plumage imported for 

scientific or educational purposes, (3) fully-manufactured artificial 

flies used for fishing, (4) plumage on game birds killed in foreign 

countries by residents of the United States and not imported for sale or 

other commercial purposes, and (5) plumage on live wild birds.

    (b) The feathers or skins of certain birds may be imported for use 

in the manufacture of artificial flies used for fishing or for millinery 

purposes only under a permit issued by the Fish and Wildlife Service, 

United States Department of Interior, Washington DC 20240. No feathers 

or skins of the pro-species provided for by Additional U.S. Note 1, 

Chapter 5, HTSUS, shall be permitted to be entered, or withdrawn from 

warehouse, for consumption, unless the requisite permit is presented 

with the entry or withdrawal.

    (c) The importation of the eggs of wild nongame birds is prohibited 

except as dead natural history specimens for museum or scientific 

collection purposes. The eggs of migratory birds may be imported for 

propagating purposes or for scientific and other limited purposes under 

permits issued by the Fish and Wildlife Service, U.S. Department of the 

Interior, Washington, DC 20240. State game departments, municipal game 

farms or parks, and public museums, zoological parks or societies, and 

scientific or educational institutions may import the eggs of migratory 

birds without a permit (50 CFR



[[Page 275]]



16.3). The eggs of certain game or migratory birds imported for 

hatching, such as ducks, geese, swans, turkeys, pigeons, doves, 

pheasant, grouse, partridges, quail, guinea fowl, and pea fowl, are 

subject to the regulations of the Animal and Plant Health Inspection 

Service, Veterinary Services, U.S. Department of Agriculture, 

Washington, DC 20250. Such regulations require that permits, except for 

eggs from Canada offered for entry at certain land border ports, must be 

obtained before the eggs are shipped from the country of origin and that 

all eggs shall be accompanied by a certificate issued by a national 

government veterinarian of the country of origin and inspected at a 

designated port of entry.

    (d) Upon the attempted importation of eggs of wild birds, the 

importation of which is prohibited by Chapter 4, Additional U.S. Note 

26, the eggs shall be seized and the importer accorded an opportunity to 

assent to forfeiture. In the event the importer refuses or fails to 

assent to the forfeiture of the prohibited eggs, the port director shall 

proceed to forfeit them under the provisions of the tariff act 

applicable to seizure and forfeiture of merchandise valued at less than 

$2,500.



[28 FR 14710, Dec. 31, 1963, as amended by T.D. 66-68, 31 FR 5358, Apr. 

5, 1966; T.D. 78-99, 43 FR 13060, Mar. 29, 1978; T.D. 82-145, 47 FR 

35476, Aug. 16, 1982; T.D. 89-1, 53 FR 51253, Dec. 21, 1988; T.D. 97-82, 

62 FR 51770, Oct. 3, 1997]