§ 12.29 Plumage and eggs of wild birds.

(a) The provisions of schedule 1, part 15D, headnote 2, Tariff Schedules of the United States,10 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 said headnote 2, (2) plumage imported for scientific or educational purposes, (3) fullymanufactured 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.

16 "2(a) Except as provided in (b) and (c) of this headnote, the importation of the feathers or skin of any bird is hereby prohibited. Such prohibition shall apply to the feathers or skin of any bird

"(1) whether raw or processed;

"(11) whether the whole plumage or skin or any part of either;

"(ii) whether or not attached to a whole bird or any part thereof; and

"(iv) whether or not forming part of another article.

"(b) Headnote 2(b) shall not apply

"(1) in respect of any of the following birds (other than any such bird which, whether or not raised in captivity, is a wild bird): chickens (including hens and roosters), turkeys, guinea fowl, geese, ducks, pigeons, ostriches, rheas, English ring-necked pheasants, and pea fowl;

"(11) to any importation for scientific or educational purposes;

"(iii) to the importation of fully-manufactured artificial flies used for fishing;

"(iv) to the importation of birds which are classiflable under item 813.20 of schedule 8; and

"(v) to the importation of live birds. "(c) Notwithstanding headnote 2(a), there may be entered in each calendar year the following quotas of skins bearing feath

ers:

"(1) for use in the manufacture of artificial flies used for fishing: (A) not more than 5,000 skins of grey jungle fowl (Gallus sonneratii), and (B) not more than 1,000 skins of mandarin duck (Dendronessa galericulata); and

"(11) for use in the manufacture of artificial flies used for fishing, or for millinery purposes, not more than 45,000 skins, in the aggregate, of the following species of pheasant: Lady Amherst pheasant (Chrysolophus amherstiae), golden pheasant (Chrysolophus pictus), silver pheasant (Lophura nycthemera), Reeves pheasant (Syrmaticus reevesii), blue-eared pheasant (Crossoptilon auritum), and brown-eared pheasant (Crossoptilon mantchuricum).

For the purposes of these quotas, any part

(b) The feathers or skins of certai birds may be imported for use in th manufacture of artificial flies used fo fishing or for millinery purposes onl under a permit issued by the Fish an Wildlife Service, United States Depart ment of Interior, Washington, D.C 20240.16 No feathers or skins of th species provided for by schedule 1, par 15D, headnote 2, Tariff Schedules of th United States, shall be permitted to b entered, or withdrawn from warehouse for consumption, unless the requisit permit is presented with the entry withdrawal.

of a skin which has been severed shall considered to be a whole skin.

"(d) No article specified in headnote 2(¢ shall be entered except under a permit issue by the Secretary of the Interior. The Se retary of the Interior shall prescribe sud regulations as may be necessary to carry ou the purposes and provisions of headnote 2(¢ (including regulations providing for equi table allocation among qualified applicant of the import quotas established by sud provisions). Whenever the Secretary of th Interior finds that the wild supply of an species mentioned in headnote 2(c) is threat ened with serious reduction or with exting tion, he shall prescribe regulations whic provide (to such extent and for such perio as he deems necessary to meet such threat)"(1) in the case of grey jungle fowl mandarin duck, for the reduction of the ap plicable import quota; or

"(ii) in the case of any species of pheasant for the reduction of the import quot established for pheasants, for the establish ment of a subquota for such species pheasant, or for the elimination of sud species from the import quota for pheasant or any combination thereof.

The authority granted to the Secretar of the Interior by the preceding sentence reduce any import quota shall include a thority to eliminate such quota.

"(e) Any article of a kind the importatio of which is prohibited or subjected to a quot by headnotes 2 (a), (b), and (c) and whid is in the United States shall be presume for the purposes of seizure and forfeiture have been imported in violation of law and shall be seized and forfeited under the cus toms laws unless such presumption is satis factorily rebutted; except that such pre sumption shall not apply to articles in actual use for personal adornment or for scientifi or educational purposes. Any article so for feited may (in the discretion of the Secre tary of the Treasury and under such regula tions as he may prescribe) (1) be placed with any agency of the Federal Government or of any State government, or any society of museum, for exhibition or scientific or edu cational purposes, or (2) be destroyed. "(f) Nothing in these headnotes shall be

(c) The eggs of game birds may be itered for propagating purposes upon le filing of a declaration with the coletor of customs that they are being ported for propagation and will be used.

The eggs of migratory birds

ay be imported for propagating purses under permits issued by the Fish id Wildlife Service, United States Dertment of the Interior, Washington, C., 20240. Eggs of migratory birds ay also be imported under permits ised by the Fish and Wildlife Service for ientific and other limited purposes. blic museums, zoological parks and cieties, and public scientific and edutional institutions may import the gs of migratory birds without a perit. (See 50 CFR 6.8.) The eggs of rtain game or migratory birds imrted for hatching, such as ducks, ese, swans, turkeys, pigeons, doves, leasants, grouse, partridges, quail, linea fowl, and pea fowl, are subject the regulations of the Animal Inspecon and Quarantine Division, Agriculral Research Service, United States epartment of Agriculture, Washington,

nstrued to repeal the provisions of the Act March 4, 1913, chapter 145 (Thirty-seventh atutes at Large, page 847), or the Act of ly 3, 1918 (Fortieth Statutes at Large, page 5), or any other law of the United States, w of force, intended for the protection or eservation of birds within the United ates. If on investigation by the collector fore seizure, or before trial for forfeiture, if at such trial if such seizure has been ade, it shall be made to appear to the coletor, or the prosecuting officer of the Govnment, as the case may be, that no illegal portation of such feathers has been made, It that the possession, acquisition or purase of such feathers is or has been made violation of the provisions of the Act of arch 4, 1913, chapter 145 (Thirty-seventh atutes at Large, page 847), or the Act of ly 3, 1918 (Fortieth Statutes at Large, page 15), or any other law of the United States, w of force, intended for the protection or eservation of birds within the United tates, it shall be the duty of the collector, or ich prosecuting officer, as the case may be, report the facts to the proper officials of ie United States, or State or Territory harged with the duty of enforcing such ws." (Schedule 1, part 15D, headnote 2, ariff Schedules of the United States.) For permit regulation of the United States ish and Wildlife Service, Department of Inrior, see 50 CFR, Part 14.

16 See Appendix XXIII, Customs Regulaons of 1943, quoting 50 CFR 9.1 and 9.2.

D.C., 20250.16 Such regulations require that permits, except for eggs from Canada, 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 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 schedule 1, part 4E, headnote 1, Tariff Schedules of the United States," 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 collector 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.

(Sec. 101, 76 Stat. 72; Sch. 1, pt. 4E, headnote 1, part 15D, headnote 2, Tariff Schedules of the United States)

16b See Appendix XII, Customs Regulations of 1943, quoting 9 CFR, Part 92.

17 "1. The importation of eggs of wild birds is prohibited, except eggs of game birds imported for propagating purposes under regulations prescribed by the Secretary of Agriculture, and specimens imported for scientific collections." (Schedule 1, part 4E, headnote 1, Tariff Schedules of the United States.) 17a Publication No. 3383 Dept. of State, Whaling Convention.

17b 16 U. S. C. 916-916 (1).

17c Regulations of the International Whaling Commission are codified in 50 CFR, Part 351.

18 "No railroad, steamboat, express, stage, or other transportation company shall knowingly transport from one State or Territory into any other State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, or from a foreign country into the United States, the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated

crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect injurious as aforesaid, except when shipped for scientific purposes under the regulations hereinafter provided for; nor shall any person remove from one State or Territory into another State or Territory, or from a foreign country into the United States, or from a State or Territory into the District of Columbia, or from the District of Columbia into any State or Territory, except for scientific purposes under the regulations hereinafter provided for, the gypsy moth, brown-tail moth, leopard moth, plum curcu11o, hop plant louse, boll weevil, or any of them in a live state, or other insects in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect injurious as aforesaid." (7 U. S. C. 141)

19 "In order to prevent the introduction and spread of diseases dangerous to the adult honeybee, the importation into the United States of the honeybee (Apis mellifica) in its adult stage is hereby prohibited, and all adult honeybees offered for import into the United States shall be destroyed if not immediately exported: Provided, That such adult honeybees may be imported into the United States

such importation is from a country in r spect of which the Secretary of Agricu ture shall determine that no diseas dangerous to adult honeybees exi therein. The importation of adu honeybees that may be lawfully importe is governed by joint regulations of t Secretary of Agriculture and the Secr tary of the Treasury published in Trea ury Decisions from time to time. (Sec. 1, 42 Stat. 833; 7 U.S.C. 281)

TEA

§ 12.33 Importation of tea; entry; amination for customs purposes.

(a) The importation of any mercha dise as tea which is inferior in purit quality, and fitness for consumption the standards prescribed by the Act March 2, 1897, as amended (21 US 41-50), is prohibited." Customs office and employees shall perform all duti required of them by the said act an regulations.

(b) The importation of tea is subje also to the provisions of the Federal Foo Drug, and Cosmetic Act and the regula tions thereunder. See §§ 12.2 to 12.6.

(c) All entries of tea shall be on regu lar forms, and the regular serial numbe for both bonds and entries shall be use

(d) The collector may order such s examination of packages containing t as will satisfy him that no dutiable good are packed therein. For this purpo the customary designation shall be mad of packages for examination in publ stores.

(e) If the invoice has not been r ceived, the importer may use an add tional copy of the chop list and releas permit required by the regulations of th Department of Health, Education, an Welfare as a pro forma invoice, markin "Pro forma invoice" across the fac thereof.

for experimental or scientific purposes by United States Department of Agricultur And provided further, That such adult hone bees may be imported into the United Stat from countries in which the Secretary Agriculture shall determine that no diseas dangerous to adult honeybees exist, und rules and regulations prescribed by the Se retary of the Treasury and the Secretary Agriculture." (7 U. S. C. 281)

20 See Appendix XV, Customs Regulation of 1943.

"White phosphorus matches, manufacared wholly or in part in any foreign counry, shall not be entitled to entry at any of he ports of the United States, and the importation thereof is prohibited. All matches mported into the United States shall be ccompanied by such certificate of official nspection by the government of the country A which such matches were manufactured s shall satisfy the Secretary [of the Treastry] that they are not white phosphorus natches. The Secretary [of the Treasury] $ authorized and directed to prescribe such egulations as may be necessary for the enorcement of the provisions of this section." (26 U. S. C. 2654)

"For the purposes of this chapter the words white phosphorus' shall be understood to mean the common poisonous white or yellow phosphorus used in the manufacture

of

(c) In the absence of such certificate, the matches shall be detained until a certificate is produced or the importer submits satisfactory evidence to show that the matches were not in fact manufactured with the use of poisonous white or yellow phosphorus.

(d) The production of the above certificate shall not be required on the entry of matches manufactured in countries which prohibit the use of white or yellow phosphorus in the manufacture of matches.

(e) At the time of filing an entry for imported matches, the importer shall make a declaration that to the best of his knowledge and belief no matches included in the invoice and entry are white phosphorus matches.

(68A Stat. 569, 570, sec. 101, 76 Stat. 72; 26 U.S.C. 4802, 4805(a); Sch. 7, pt. 9A, hdnote. 1, Tariff Schedules of the United States) § 12.35

Exportation.

(a) The exportation from the United States of white phosphorus matches is unlawful.22

(b) The shipper, owner, or agent of matches intended for exportation from the United States shall file with the collector at least 6 hours before such matches are laden for exportation a manifest, in duplicate, signed by the shipper, which shall state the date of exportation, the name of the exporting carrier, the marks and numbers of the packages, and the specific descriptions of the matches. There shall be attached to the manifest an affidavit of the shipper that no white phosphorus matches are included in the shipment.

(c) The collector may cause any matches offered for exportation to be opened and inspected. If any such matches are found to be white phosphorus matches, the collector shall detain them and report the facts to the Bureau for instructions.

(Sec. 68A Stat. 570; 26 U.S.C. 4805(b))

matches and not to include the nonpoisonous forms or the nonpoisonous compounds of white or yellow phosphorus." (26 U. S. C. 2650)

"The importation of white phosphorous matches is prohibited." (Schedule 7, Part 9A, Headnote 1, Tariff Schedules of the United States.)

22 "It shall be unlawful to export from the United States any white phosphorus matches. The Secretary [of the Treasury] shall have power to issue such regulations to customs officers as are necessary to the enforcement of this section." (26 U.S.C. 2655)

NARCOTIC DRUGS

§ 12.36 Regulations of Bureau of Narcotics.

The importation and exportation of narcotic drugs are governed by regulations of the Bureau of Narcotics." Customs officers and employees shall perform all duties imposed upon them by such regulations and the laws under which they are issued. Such regulations are in addition to, and not in lieu of, the customs, internal-revenue, and other pertinent laws and regulations.

§ 12.37

LIQUORS

Restricted importations.

(a) The basic permit requirements prescribed by the act of August 29, 1935 (27 U. S. C. 203)," shall not be deemed applicable when the collector is satisfied that the liquor is for personal use or for experimental purposes in the making of analyses, tests, or comparisons.

(b) The production of a basic permit shall not be required when spirits are withdrawn from warehouse under any form of withdrawal entry.

(c) Blending or rectifying of wines or distilled spirits in class 6 manufacturing warehouses, or the bottling of imported distilled spirits in class 8 manipulation warehouses, shall not be permitted unless the proprietor has obtained an appropriate permit from the Alcohol Tax Unit, Internal Revenue Service.

(Sec. 3, 49 Stat. 978, as amended; 27 U. S. C. 203)

"(1) to engage in the business of importing into the United States distilled spirits, wine, or malt beverages;

"(b) It shall be unlawful, except pursuant to a basic permit issued under this chapter by the Secretary of the Treasury

"(1) to engage in the business of distilling distilled spirits. producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits;

This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this chapter." (27 U. 8. C. 203)

§ 12.38 Labeling requirements; pack

ages.

All packages of liquor not labeled as required by 18 U.S.C. 1263* and an vessel or vehicle, other than a common carrier, used in the transportation such liquor shall be seized and disposed of in accordance with 18 U. S. C. 3615 (see § 23.25 (c) of this chapter). (Sec. 1, 62 Stat. 840, 18 U.S.C. 3615)

UNFAIR COMPETITION

§ 12.39 Exclusion from entry; entry under bond.

(a) No entry of merchandise with respect to which the President, unde section 337, Tariff Act of 1936, ha found unfair methods of competition a unfair acts in the importation to exis shall be accepted. No entry of mer chandise of which the President has re quested the Secretary to forbid entr pending the completion of an investiga tion shall be accepted unless there i presented with such entry the specia bond provided for in subdivision (f) d said section 337 or unless such other con dition as the President may specify ha been complied with.

25 "Whoever knowingly ships into any plac within the United States, any package of a package containing any spirituous, vinous malted, or other fermented liquor, or an compound containing any spirituous, vinous malted, or other fermented liquor fit for us for beverage purposes, unless such package t so labeled on the outside cover as to plainly show the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined not more than $1,000 or imprisoned not more than one year, a both." (18 U. S. C. 1263)

"All liquor involved in any violation of sec tions 1261-1265 of this title, the container of such liquor, and every vehicle or vessel used in the transportation thereof, shall be seized and forfeited and such property or its proceeds disposed of in accordance with the laws relating to seizures, forfeitures, and dispositions of property or proceeds, for violation of the internal-revenue laws.” U. S. C. 3615)

(18

26"(a) Unfair methods of competition declared unlawful. Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, ar agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, a to restrain or monopolize trade and commerce in the United States, are hereby de