"1 "The Secretary of the Treasury and the Postmaster General are hereby empowered and required to make and enforce individually or jointly such rules and regulations as shall prevent the importation into the United States of articles prohibited importation by this title, and may require, as conditions precedent to exclusion of any work in which copyright is claimed, the copyright proprietor or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of such work to file with the Post Office Department or the Treasury Department a certificate of the Register of Copyrights that the provisions of section 13 of this title have been fully complied with, and to give notice of such compliance to postmasters or to customs officers at the ports of entry in the United States in such form and accompanied by such exhibits as may be deemed necessary for the practical and efficient administration and enforcement of the provisions of sections 106 and 107 of this title." (17 U. S. C. 109) a (c) When the Universal Copyright Convention, signed at Geneva on September 6, 1952, shall be in force between the United States of America and the foreign state or nation of which such author is a citizen or subject, or in which the work was first published. Any work to which copyright is extended pursuant to this subsection shall be exempt from the following provisions of this title: (1) The requirement in section 1 (e) that a foreign state or nation must grant to United States citizens mechanical reproduction rights similar to those specified therein; (2) the obligatory deposit requirements of the first sentence of section 18; (3) the provisions of sections 14, 16, 17, and 18; (4) the import prohibitions of section 107, to the extent that they are related to the manufacturing requirements of section 16; and (5) the requirements of sections 19 and 20: Provided, however, That such exemptions shall apply only if from the time of irst publication all the copies of the work published with the authority of the author or other copyright proprietor shall bear the by virtue of the Universal Copyright Convention, and has not registered a copyright claim, may secure to himself customs protection against importation of piratical copies of the copyrighted work in the following manner: (1) In the case of books and other printed works which may be readily identified by title and name of the author, the copyright proprietor, or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of such works, shall file in the Office of the Director, Customs Information Exchange, 201 Varick Street, New York, New York, 10014, a certificate of registration issued by the Copyright Office or, if copyright is claimed under section 9 (c) by virtue of the Universal Copyright Convention and no registration has been made, a state ment setting forth the citizenship and domicile of the author at the time of publication, the date and place of publication, and a description of the work, including its title and the name of the author. There shall also be filed an application in duplicate for recordation of the copyrighted work, accompanied by 1,000 notices in the form indicated below, printed in 11-point Roman type on plain white cards of medium weight, size 3 x 5 inches, for distribution to customs field officers throughout the United States, including Puerto Rico, the Virgin Islands, Hawaii, and Alaska, and the fee of $100 prescribed by § 24.12 of this chapter. Checks or money orders in payment of the fee shall be made payable to the Collector of Customs, New York, New York. symbol accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of claim of copyright. Upon the coming into force of the Universal Copyright Convention in a foreign state or nation as hereinbefore provided, every book or periodical of a citizen or subject thereof in which ad interim copyright was subsisting on the effective date of said coming into force shall have copyright for twenty-eight years from the date of first publication abroad without the necessity of complying with the further formalities specified in section 23 of this title. The provisions of this subsection shall not be extended to works of an author who is a citizen of, or domiciled in the United States of America regardless of place of first publication, or to works first published in the United States. (17 U. S. C. 9 (c)) tle of book or other printed work, and foreign title if different) (Author) (Citizenship of author at the time of publication) omicile of Author at time of publication) ate of publication) (Place of publication) Registration ------- pyright claim registered No. pyright claimed under 17 U. S. C. 9 (c) and no claim registered ame and address of copyright proprietor) (2) In the case of copyrighted works t readily identifiable by title and thor, application for recordation in e form of a letter shall be made to the mmissioner of Customs, Washington, C., 20226. Such application shall be companied by a certificate of registraon issued by the Copyright Office, or, if pyright is claimed under section 9 (c) virtue of the Universal Copyright onvention and no registration has been ade, a statement setting forth the tizenship and domicile of the author at e time of publication, the date and ace of publication, and a description of e work. There shall also be filed 0 photographic or other likenesses of e copyrighted work reproduced on par 8 x 101⁄2 inches in size, for distribuon to all collectors of customs and apaisers of merchandise, accompanied by e fee of $100 prescribed by § 24.12 of is chapter. Checks or money orders in yment of the fee shall be made payable the Head, Fiscal Section, Bureau of ustoms. (b) The following countries are parties › the Universal Copyright Convention: Andorra, Argentina, Austria, Belgium, razil, Cambodia, Canada, Chile, Costa ica, Cuba, Czechoslovakia, Denmark, cuador, Finland, France, German Fedral Republic, Ghana, Greece, Haiti, [oly See, Iceland, India, Ireland, Israel, taly, Japan, Laos, Lebanon, Liberia, iechtenstein, Luxembourg, Mexico, Moaco, Nicaragua, Nigeria, Norway, Pakitan, Panama, Paraguay, Peru, Philipines, Portugal, Spain, Sweden, Switzerand, United Kingdom, and United States f America. Secs. 9, 109, 61 Stat. 655, as amended, 664; 17 J.S.C. 9, 109) [28 F.R. 14701, Dec. 31, 1963, s amended by T.D. 56131, 29 FR. 3596, Mar. 1, 1964; T.D. 56393, 30 F.R. 5580, Apr. 20, 965] 22 "During the existence of the American copyright in any book the importation into the United States of any piractical copies thereof or any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section 16 of this title, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photoengraving process not performed within the limits of the United States, in accordance with the provisions of section 16 is prohibited: Provided, however, That, except as regards piratical copies, such prohibition shall not apply: "(a) To works in raised characters for the use of the blind; "(b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization. "(c) To the authorized edition of a book in a foreign language or languages of which only a translation into English has been copyrighted in this country. "(d) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say: "First. When imported, not more than one copy at one time, for individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States. "Second. When imported by the authority or for the use of the United States. "Third. When imported, for use and not for sale, not more than one copy of any such book in any one invoice, in good faith by or for any society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes or for the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, or (c) If the collector is not satisfied that an imported article is a piratical copy, and the importer files a statement denying that it is in fact a piratical copy and alleging that the detention of the article will result in a material depreciation of its value or loss or damage to him, the article shall be admitted to entry, unless a written demand for its exclusion is filed by the copyright proprietor or other party in interest setting forth that the imported article is a piratical copy of an article legally copyrighted in the United States, and unless there is also filed with the collector a good and sufficient bond conditioned to hold the importer or owner of such article harmless from any loss or damage resulting from its detention in the event that it is held by the Bureau not to be prohibited from importation under section 106 of the copyright act. (d) Upon the filing of such demand and bond, the collector shall detain the article and shall fix a time at which the parties in interest may submit evidence to substantiate their respective claims, which evidence shall be reduced to writing at the expense of the parties in interest. The burden of proof that any article is in fact a piratical copy shall be upon the party making such claim. (e) If the article is held by the Bureau to be a piratical copy, its seizure and forfeiture will be directed in accordance with section 108 of the copyright act, for any State, school, college, university, or free public library in the United States. "Fourth. When such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of the libraries or personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the proprietor of the American copyright or annual or limit the copyright protection secured by this title, and such unlawful use shall be deemed an infringement of copyright." (17 U.S.C. 107) 23 "Any and all articles prohibited importion by this title which are brought into the United States from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and condemnation of property imported into the United States in violation of the customs revenue laws. Such articles when forfeited shall be destroyed in such manner as the Secretary of the Treas and the bond will be returned to the cop right proprietor; but if the article is n so held, the collector will be directed release it and transmit the bond to th importer. (Sec. 1, 61 Stat. 652; 17 U.S.C. 109) § 11.21 United States manufacturing quirements; copies not produced accordance with 17 U.S.C. 16. (a) Copies of books or periodicals f which manufacture in the United Stat is required by 17 U.S.C. 16 may not be in ported during the existence of the Unite States copyright, unless importation permitted under 17 U. S. C. 107, or u 22 24 Mechanical work to be done in Unit States. Of the printed book or periodic specified in section 5, subsections (a) ar (b), of this title, except the original text a book or periodical of foreign origin in language or languages other than Englis the text of all copies accorded protection u der this title, except as below provided, sha be printed from type set within the limi of the United States, either by hand or by th aid of any kind of typesetting machine, from plates made within the limits of t United States from type set therein, or, the text be produced by lithographic proces or photoengraving process, then by a proce wholly performed within the limits of t United States, and the printing of the te and binding of the said book shall be pe formed within the limits of the Unite States; which requirements shall extend al to the illustrations within a book consisti of printed text and illustrations produced lithographic process, or photoengraving pro ess, and also to separate lithographs or ph toengravings, except where in either case th subjects represented are located in a foreig country and illustrate a scientific work reproduce a work of art: Provided, howeve That said requirements shall not apply works in raised characters for the use of th blind, or to books or periodicals of foreig origin in a language or languages other tha English, or to works printed or produced the United States by any other process tha those above specified in this section, or copies of books or periodicals, first publishe abroad in the English language, importe into the United States within five years afte first publication in a foreign state or natio up to the number of fifteen hundred copie s protection was secured under 17 S. C. 9 (c) by virtue of the Universal pyright Convention or an ad interim pyright was extended to the full term the provisions of 17 U. S. C. 9 (c). (b) Up to 1500 copies of a book or riodical covered by ad interim copyht, when imported pursuant to the antitative exception in 17 U. S. C. 16, ay be released upon compliance with ual customs requirements if there is esented in connection with the entry "Import Statement" issued by the egister of Copyrights on Copyright Ofe Form C-100, and such copies are herwise admissible. The reverse side the statement shall be completely led in by the customs officer concerned nd mailed at once to the Register of opyrights as directed in the form. (c) When an ad interim copyright is tended to a full term copyright, as proded for in 17 U. S. C. 23, notice of such xtension, together with the full-term gistration number and the date hereof, shall be communicated by the >pyright proprietor to the Commisoner of Customs, Washington, D.C., )226, within 30 days after such date. Secs. 16, 109, 61 Stat. 657, as amended, 664; I U.S.C. 16, 109) of each such book or periodical if said copies shall contain notice of copyright in accordance with sections 10, 19, and 20 of this title and if ad interim copyright in said work shall have been obtained pursuant to section 22 of Chis title prior to the importation into the United States of any copy except those permitted by the provisions of section 107 of this title: Provided further, That the provisions of this section shall not affect the right of importation under the provisions of section 107 of this title. (17 U. S. C. 16) 12.21 Licensed establishments. 12.22 12.23 Labels; samples. Detention; examination; disposition. DOMESTIC ANIMALS, ANIMAL PRODUCTS, AND ANIMAL FEEDING MATERIALS 12.24 Regulations of the Department of Agriculture. WILD ANIMALS, BIRDS, AND INSECTS 12.26 Importations of wild animals or birds; certain species prohibited; permits required. 12.27 Importation or exportation of wild animals or birds, or the dead bodies thereof illegally captured or killed, etc. 12.28 Importation of wild mammals and birds in violation of foreign law. 12.29 Plumage and eggs of wild birds. 12.30 Whaling. 12.31 12.32 Injurious insects. Honeybees. TEA 12.62 Enforcement; duties of customs officers. 12.63 Seal-skin or sea-otter-skin waste. IMPORTS AND EXPORTS UNDER INTERNATIONAL COFFEE AGREEMENT 12.70 Regulations prescribed under the International Coffee Agreement Act of 1965. 12.71 Import quotas on coffee produced in nonmember countries of the International Coffee Organization. NEW MOTOR VEHICLES AND NEW MOTOR 12.73 Motor vehicle air pollution control. Federal motor vehicle safety standards. AUTHORITY: The provisions of this Part 12 issued under R.S. 251, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 19 U.S.C. 66, 1624, Gen. Hdnote. 11, Tariff Schedules the United States, unless otherwise note SOURCE: The provisions of this Part 12 a pear at 28 F.R. 14710, Dec. 31, 1963, unle otherwise noted. CROSS REFERENCE: For joint regulatio promulgated by the Secretary of the Trea ury and the Secretary of Agriculture, wi respect to importations of economic poiso and devices under the regulations for t enforcement of section 10 of the Federal I secticide, Fungicide, and Rodenticide Act, s 7 CFR Part 362. FOOD, DRUGS, AND COSMETICS, ECONOM POISONS, HAZARDOUS SUBSTANCES, A DANGEROUS CAUSTIC OR CORROSIVE SU STANCES § 12.1 Cooperation with certain age cies; joint regulations. (a) Federal Food, Drug, and Cosmet Act. The importation into the Unite States of food, drugs, devices, and co metics as defined in section 201 (f), (g (h), and (i) of the Federal Food, Dru and Cosmetic Act (21 U.S.C. 321 (f), (g (h), (i)) is governed by section 801 the Act, as amended (21 U.S.C. 381) an regulations issued under authority section 701(b) of the Act (21 U.S. 371(b)) by the Secretary of Health, Edu cation, and Welfare, and the Secretar of the Treasury (21 CFR 1.315-1.322). (b) Federal Insecticide, Fungicid and Rodenticide Act. The importation insecticides and certain economic po sons and devices is governed by sectio 10 of the Federal Insecticide, Fungicid and Rodenticide Act (7 U.S.C. 135h) an regulations issued under authority section 6b of the Act (7 U.S.C. 135d (b) by the Secretary of Agriculture an the Secretary of the Treasury (7 CF 362.30-362.36). (c) Federal Hazardous Substance Act. The importation of hazardous sub stances, misbranded hazardous sub stances, or banned hazardous substance as defined in section 2 of the Federa Hazardous Substances Act, as amende (15 U.S.C. 1261) is governed by regula tions issued under the authority of sed tions 10(b) and 14 of said Act, a amended (15 U.S.C. 1296, 1273), by th Secretary of Health, Education, Welfare and the Secretary of the Treas ury (21 CFR 191.265-191.272). an (d) Federal Caustic Poison Act. Th importation of certain dangerous causti or corrosive substances as defined in sec tion 2(a) of the Federal Caustic Poiso |