Importers are required by regulation of the Department of Agriculture to make application for a certificate of pure breeding to the Animal Inspection and Quarantine Division, Department of Agriculture, on AIQ Form 338 before the animal will be examined as required by 9 CFR 151.7. Application for the certificate must be executed by the owner agent, or importer and filed at a port of entry designated in the regulations of the Department of Agriculture for the importation of animals (9 CFR 92.3). However, applications for certificates for dogs (other than dogs for handling livestock regulated under 9 CFR 92.18) and cats may be filed either at a designated port of entry or at any other port where Customs entry is made. The regulations of the Department of Agriculture prescribing the requirements for the issuance of certificates of pure breeding provide that all animals imported under such regulations must be accompanied to the port at which examination is to be made by certificates of pedigree and transfer of ownership in order that identification may be accomplished, and that, if such animals are moved from such port prior to the presentation of such certificates and transfers, such action shall constitute a waiver of any further claim to certification under such regulations.

(c) In the cases of cats and dogs arriving at Canadian border ports, Customs officers and employees are hereby authorized and directed to make the examination required by such regulations of the Department of Agriculture. Customs officers and employees are also authorized and directed to make such examinations at the ports of New York and Boston, provided the dog or cat is brought into the United States by a passenger. At all airports, Customs officers shall make the examination of dogs and cats, whether or not accompanied by the owners, if there is no inspector of the Department of Agriculture stationed there or on duty at the time of arrival.

(Sec. 486, 46 Stat. 725, as amended, sec. 101, 76 Stat. 72; 19 U.S.C. 1486; item 100.01, Tariff Schedules of the United States) [28 F.R. 14663, Dec. 31, 1963, as amended by T.D. 68– 154, 33 F.R. 8730, June 14, 1968]

§ 10.71 Purebred animals; bond for production of evidence; deposit of estimated duties; stipulation.

(a) The animal may be released from Customs custody upon the furnishing by

the importer of a bond on Customs Form 7551 or 7553 for the production within 6 months of (1) a certificate of pure breeding issued by the Department of Agriculture, and (2) the declaration required by § 10.70(a) submitted in letter form if such declaration was not filed at the time of entry. The release of the animal from customs custody requires the presentation of the pedigree certificate and evidence of transfer of ownership in accordance with the regulations of the Department of Agriculture mentioned in § 10.70(b).

(b) Such bond shall be canceled only upon the production of the required evidence or on payment of duties.

(c) In cases where the pedigree certificate and evidence of transfer of ownership have been presented in accordance with the regulations of the Department of Agriculture, the importer, if he so elects, may, in lieu of giving a bond, deposit estimated duties and file a stipulation with the district director within 10 days after the date of entry to produce the declaration and certificate of pure breeding within 6 months from the date of entry, whereupon the liquidation of the entry shall be suspended. (See § 113.42 of this chapter.)

(d) If the pedigree certificate and evidence of transfer of ownership were not presented in accordance with such regulations of the Department of Agriculture, a deposit of estimated duties, in addition to the regular entry bond, shall be required.

(e) When a passenger arriving in the United States with one or more dogs or cats and with the required certificates of pedigree and transfers of ownership in his possession furnishes a properly executed declaration as required by

10.70 (a) along with an application to the Department of Agriculture on AIQ Form 338 for a certificate of pure breeding, the entry of the animal(s) as dutyfree under item 100.01, Tariff Schedules of the United States, may be made on the passenger's baggage declaration if the value of the animals does not exceed $500. In such case the entry shall be supported by a bond on Customs Form 7551 or 7553 for the production within 6 months of a certificate of pure breeding. The bond shall be without surety or cash deposit unless the district director of Customs on the basis of information before him finds that a bond with surety or a cash deposit is necessary to protect the revenue.

(f) Under conditions corresponding to those set forth in paragraph (e) of this section, dogs and cats having a value of not to exceed $250 that arrive unaccompanied by the importer may be entered on an informal entry (Customs Form 5119 or 5119-A) under item 100.01, Tariff Schedules of the United States, without a deposit of estimated duty when supported by a bond on Customs Form 7551 or 7553 which may be without surety or cash deposit to the same extent and under the same conditions as provided in paragraph (e) of this section. The declaration required by § 10.70(a) shall be submitted in letter form.

(Sec. 486, 46 Stat, 725, as amended, sec. 101, 76 Stat. 72; 19 U.S.C. 1486; item 100.01, Tariff Schedules of the United States) [28 F.R. 14663, Dec. 31, 1963, as amended by T.D. 6833 FR 8731, June 14, 1968; T.D. 74-227, 39 FR 32015, Sept. 4, 1974]

§ 10.72

Horses and mules for immediate slaughter.

Horses or mules claimed to be entitled to free entry under item 100.70, Tariff Schedules of the United States," shall be admitted free of duty upon the submission of a declaration in connection with the entry stating that the animals are being imported solely for slaughter, provided the district director is satisfied from an examination of the animals and such other investigation as he deems necessary that no other use is intended. § 10.73 Cows for dairy purposes.

Claim for the reduced rate of duty on cows for dairy purposes under item 100.50, Tariff Schedules of the United States," shall be made at the time of entry. There shall be filed in connection with the entry a certificate of the ultimate consignee that the animals were imported in good faith for dairy purposes and that they have actually been delivered to a dairy, farm, or other place suitable for dairy operations, the address of which shall be stated. If the ultimate consignee is not the importer of record, the latter also shall file a certificate executed by himself that the animals are being imported in good faith for dairy purposes.

"Horses and mules: Imported for immedlate slaughter * *." (Item 100.70, Tariff Schedules of the United States.)

"Cattle: Weighing 700 pounds or more each: Cows imported specially for dairy purposes ⚫ *." (Item 100.50, Tariff Schedules of the United States.)

701

Cattle weighing less than 200 pounds each or 700 pounds or more each.. Provided, That not more than 200,000 head of cattle weighing less than 200 pounds each entered in the 12-month period beginning Apr. 1 in any year, and not more than 400,000 head of cattle weighing 700 pounds or more each (other than cows imported specially for dairy purposes) entered in any such period, but not more than 120,000 head of such cattle weighing 700 pounds or more each entered in any 3-month period beginning Apr. 1, July 1, Oct. 1, or Jan. 1 within any such 12month period, shall be dutiable at 14 cents per pound; and any of the foregoing cattle not subject to that rate

11⁄2 perl ba

of duty shall be dutiable at... 211⁄2 per lb. (Second proviso obsolete.)

§ 10.74 Animals straying or driven across boundary for pasturage; offspring.

68

(a) When domestic animals for which free entry is to be claimed under item 100.03, Tariff Schedules of the United States, are driven across the boundary for pasturage purposes, the owner shall file with the district director a descriptive list stating the number of animals, their sex, age, and marks or brands, together with a written statement that the animals therein described are being taken abroad for temporary pasturage purposes only.

(b) Upon the return of such animals within 8 months, entry shall be required and there shall be filed in connection therewith a declaration in the following form:

(c) Animals which have strayed across the boundary line may be returned under the above-mentioned provision of law, together with their offspring, without entry if brought back within 30 days; otherwise entry shall be required: Provided, That the owner of any such animal shall report its return to the nearest Customs officer and hold it for such inspection and treatment as may be deemed necessary by a representative of the Agricultural Research Service of the Department of Agriculture and any such animal found not to have been so reported or held shall be subject to seizure and forfeiture pursuant to section 545, Title 18, United State Code.

$10.75 Wild animals and birds; zoological collections.

09

When wild animals or birds are claimed to be free of duty under item 852.20, Tariff Schedules of the United States, there shall be filed in connection with the entry a declaration of the ultimate consignee on Customs Form 3321, showing that the animals or birds were specially imported pursuant to negotiations conducted prior to importation for the delivery of animals or birds of a named species meeting agreed specifications of reasonable particularity and that they are intended at the time of importation for public exhibition in a collection maintained for scientific or educational purposes and not for sale or for use in connection with any enterprise conducted for profit. The fact that an animal or bird may have been sent on approval shall not preclude free entry under said item 852.20 when it is actually accepted as a part of the zoological collection and so exhibited.

(b) Application for the free entry of other live animals or birds under item 100.05, Tariff Schedules of the United States shall be referred to the United States Customs Service for consideration. Animals imported for fur-farming purposes shall not be admitted free of duty under that paragraph.

(c) There shall be filed in connection with the entry a declaration by the importer or his agent on Customs Form 3313. If the declaration is signed by an officer of the Federal Government or a State government, or by a person who shall present to the district director an order for the shipment given him by the Federal or State government, a statement as to the place of delivery shall not be required.

(d) Game animals and birds killed in foreign countries by residents of the United States, if not imported for sale or other commercial purposes, may be admitted free of duty without entry, if the person has no merchandise requiring a written declaration upon the filing of a declaration on Customs Form 3315. No bond or cash deposit to insure the destruction or exportation of the plumage of such birds shall be required. § 10.77 Skins bearing wool or hair as fur skins.

(a) The following types of skins bearing wool or hair of a kind described in schedule 3, part 1C, Tariff Schedules of the United States, may be classified as fur skins under item 123.00 of those

TO "Animals, game, imported to be liberated in the United States for stocking purposes •* *." (Item 100.05, Tariff Schedules of the United States.)

(b) If any skins, other than those named in paragraph (a) of this section, bearing wool or hair of a kind described in schedule 3, part 1C, Tariff Schedules of the United States, are claimed to be more specifically provided for as fur skins in item 123.00 of those schedules, the importer shall file in connection with the entry a declaration that the skins are to be used for no other purpose than as fur skins, and free entry shall be dependent upon a report of the appraiser that no substantial part of the wool or hair on the skins can economically be removed otherwise than as an unsought residue and used or disposed of in competition with pulled or clipped wool, and that they are suitable for use, without removing the wool or hair from the skins, in the manufacture or trimming of clothing, driving gloves, or other articles in which the imported skins will be used as furs.

PRODUCTS OF AMERICAN FISHERIES

§ 10.78 Entry.

(a) Except as prescribed in § 10.79(d), no entry shall be required for fish or other marine products taken on the high seas by vessels of the United States or by residents of the United States in undocumented vessels owned in the United States when such fish or other products are brought into port by the taking vessel, or are transferred at sea

"Skins bearing wool or hair of a kind described in subpart C of part 1 of schedule 3, raw or not dressed, if suitable for use as furs without the removal of the wool or hair from the skins (except removal resulting in an unsought residue of wool or hair incidental to processing of the skins for use as furs) and imported to be so used * (Item 123.00, Tariff Schedules of the United States.)

to another fishing vessel of the same fleet and brought into port.

(b) An American fishery, within the meaning of schedule 1, part 15A, Tariff Schedules of the United States, is defined as a fishing enterprise conducted under the American flag by vessels of the United States on the high seas or in foreign waters in which such vessels have the right by treaty or otherwise, to take fish or other marine products and may include a shore station operated in conjunction with such vessels by the owner or master thereof.

(c) The employment of citizens of a foreign country by an American fishery is permissible but the purchase by an American fishery of fish or other marine products taken by citizens of a foreign country on the high seas or in foreign waters will subject such fish or other marine products to treatment as foreign merchandise.

(d) Products of an American fishery shall be entitled to free entry although prepared, preserved, or otherwise changed in condition, provided the work is done at sea by the master or crew of the fishery or by persons employed by and under the supervision of the master or owner of the fishery. Fish (except cod, haddock, hake, pollock, cusk, mackerel, and swordfish) the product of an American fishery landed in a foreign country and there not further advanced than beheaded, eviscerated, packed in ice, frozen and with fins removed, shall be entitled to free entry, whether or not such processing is done by the American fishery. Products of an American fishery prepared or preserved on the treaty coasts of Newfoundland, Magdalen Islands, or Labrador, as such coasts are defined in the Convention of 1818 between the United States and Great Britain, shall be entitled to free entry only if the preparation or preservation is done by an American fishery."

schedule 1, part 15A, Tariff Schedules of the United States, are imported from a foreign country or its territorial waters by the taking vessel, or are shipped, except as provided for in § 10.78(a), to the United States by the master, owner, or agent of the taking vessel otherwise than in taking vessel, a declaration of the master of the taking vessel verified by at least two members of the crew, shall be required in connection with the entry. Additional proof may be required if doubt exists. If any of the products have been landed or transshipped in a foreign country, there shall also be filed in connection with the entry an additional statement as to what, if any, change has been made in the condition of the fish or other marine products since their taking and where such change occurred. If the products are fresh or frozen fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections) which have been processed in a foreign country or its territorial waters, a further statement shall be made in connection with the entry as to the residence

tion with such vessels by the owner or master thereof.

"2. None of the items in this subpart shall apply to fish, fresh, chilled, or frozen in the form of fillets, steaks, or slices substantially free of bone (including any of the foregoing divided into sections), if produced in a foreign country, or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States.

"Item 180.00-Products of American fisheries (including fish, shellfish, and other animal oils), which have not been landed in a foreign country, or which, if so landed, have been landed solely for transshipment without change in condition. *

"Item 180.10-Fish (except cod, cusk, haddock, hake, mackerel, pollock, and swordfish), the product of American fisheries, landed in a foreign country and there processed by removal of heads, viscera, or fins, or by chilling or freezing, or by any combination of these processes, but not otherwise processed. * * *

"Item 180.20-Products of American fisheries, prepared or preserved by an American fishery on the treaty coasts of Labrador, Magdalen Islands, and Newfoundland, as such coasts are defined in the convention of 1818 between the United States and Great Britain (Schedule 1 part 15A, Tariff Schedules of the United States.)

(b) If fish or other marine products are shipped to the United States by one in a foreign country who has purchased them from the master, owner, or agent of the taking vessel, the declaration required by paragraph (a) of this section shall be executed by the master and two members of the crew of the American fishing vessel for the entire quantity discharged at the foreign port and shall be filed in connection with the entry together with a declaration of the purchaser or his agent. Such declaration of the purchaser or agent shall be attached to the invoice and be in the following form: