[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: 19CFR12.43]



[Page 281-282]

 

                        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.  12.43  Proof of admissibility.



    (a) If an importer of any article detained under Sec.  12.42(e) or 

(g) desires to contend that the article was not mined, produced, or 

manufactured in any part with the use of a class of labor specified in 

section 307, Tariff Act of 1930, he shall submit to the Commissioner of 

Customs within 3 months after the date the article was imported a 

certificate of origin in the form set forth below, signed by the foreign 

seller or owner of the article. If the article



[[Page 282]]



was mined, produced, or manufactured wholly or in part in a country 

other than that from which it was exported to the United States, an 

additional certificate in such form and signed by the last owner or 

seller in such other country, substituting the facts of transportation 

from such other country for the statements with respect to shipment from 

the country of exportation, shall be so submitted.



                          Certificate of Origin



    I, ----------------, foreign seller or owner of the merchandise 

hereinafter described, certify that such merchandise, consisting of ----

------------ (Quantity) of ---------------- (Description) in ----------

---------- (Number and kind of packages) bearing the following marks and 

numbers ------------ was mined, produced, or manufactured by ----------

------ (Name) at or near ----------------, and was laden on board ------

-------------- (Carrier to the United States) at ---------------- (Place 

of lading) (Place of final departure from country of exportation) which 

departed from on ------------; (Date); and that -------------------- 

(Class of labor specified in finding) was not employed in any stage of 

the mining, production, or manufacture of the merchandise or of any 

component thereof.

    Dated ------------



________________________________________________________________________

                                                             (Signature)



    (b) The importer shall also submit to the Commissioner of Customs 

within such 3-month period a statement of the ultimate consignee of the 

merchandise, showing in detail that he had made every reasonable effort 

to determine the source of the merchandise and of every component 

thereof and to ascertain the character of labor used in the production 

of the merchandise and each of its components, the full results of his 

investigation, and his belief with respect to the use of the class of 

labor specified in the finding in any stage of the production of the 

merchandise or of any of its components.

    (c) If the certificate or certificates and statements specified in 

paragraphs (a) and (b) of this section are submitted within the time 

prescribed and the Commissioner finds that the merchandise is 

admissible, the port director concerned will be advised to that effect, 

whereupon he shall release the merchandise upon compliance with the 

usual entry requirements.