supporting CFR

U.S. Customs and Border Protection, DHS; Treasury
apparent, a blank assent to forfeiture,
Customs Form 4607, shall be sent with
the notice of seizure. Upon receipt of
the assent to forfeiture duly executed,
the articles shall be destroyed if not
needed for official use and the case
closed.
(d) In the case of a repeated offender
or when the facts indicate that the importation was made deliberately with
intent to evade the law, the facts and
evidence shall be submitted to the
United States attorney for consideration of prosecution of the offender as
well as an action in rem under section
305 for condemnation of the articles.
(e) All cases in which articles have
been seized pursuant to 19 U.S.C.
1305(a) should be referred to the U.S.
Attorney, for possible institution of
condemnation proceedings, within 4
days, but in no event more than 14
days, after the date of Customs initial
examination. The referral to the U.S.
Attorney should be initiated simultaneously with the mailing to the importer of the seizure notice and the assent to forfeiture form. If the importer
declines to execute an assent to forfeiture of the articles other than those
mentioned in paragraph (a) of this section and fails to submit, within 30 days
after being notified of his privilege to
do so, a petition under section 618, Tariff Act of 1930 (19 U.S.C. 1618), for remission of the forfeiture and permission to export the seized articles, then
the U.S. Attorney, who has already received information concerning the seizure pursuant to this paragraph, may
proceed with the condemnation action.
(f) If seizure is made of books or
other articles which do not contain obscene matter but contain information
or advertisements relative to means of
causing unlawful abortion, the procedure outlined in paragraphs (b), (c), (d),
and (e) of this section shall be followed.
(g) In any case when a book is seized
as being obscene and the importer declines to execute an assent to forfeiture on the ground that the book is
a classic, or of recognized and established literary or scientific merit, a petition addressed to the Secretary of the
Treasury with evidence to support the
claim may be filed by the importer for
release of the book. Mere unsupported
statements or allegations will not be

§ 12.41

considered. If the ruling is favorable,
release of such book shall be made only
to the ultimate consignee.
(h) Whenever it clearly appears from
information, instructions, advertisements enclosed with or appearing on
any drug or medicine or its immediate
or other container, or otherwise that
such drug or medicine is intended for
inducing unlawful abortion, such drug
or medicine shall be detained or seized.
[28 FR 14710, Dec. 31, 1963, as amended by
T.D. 71–165, 36 FR 12209, June 29, 1971; T.D.
76–261, 41 FR 39022, Sept. 14, 1976; T.D. 82–145,
47 FR 35477, Aug. 16, 1982; T.D. 85–186, 50 FR
47207, Nov. 15, 1985; T.D. 93–66, 58 FR 44130,
Aug. 19, 1993]

§ 12.41

Prohibited films.

(a) Importers of films, shall certify
on Customs Form 3291 that the imported films contain no obscene or immoral matter, nor any matter advocating or urging treason or insurrection against the United States or forcible resistance to any law of the United
States, nor any threat to take the life
or inflict bodily harm upon any person
in the United States. When imported
films are claimed to be free of duty as
American goods returned, this certification may be made on Customs Form
3311 in the space designated ‘‘Remarks’’ in lieu of on Form 3291.
(b) Films exposed abroad by a foreign
concern
or
individual
shall
be
previewed by a qualified employee of
the Customs Service before release. In
case such films are imported as undeveloped negatives exposed abroad, the
approximate number of feet shall be
ascertained by weighing before they
are allowed to be developed and printed
and such film shall be previewed by a
qualified employee of the Customs
Service after having been developed
and printed.
(c) Any objectionable film shall be
detained pending instructions from
Headquarters, U.S. Customs Service or
a decision of the court as to its final
disposition.

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§ 12.42

19 CFR Ch. I (4–1–12 Edition)

MERCHANDISE PRODUCED BY CONVICT,
FORCED, OR INDENTURED LABOR
§ 12.42 Findings of Commissioner of
Customs.
(a) If any port director or other principal Customs officer has reason to believe that any class of merchandise
that is being, or is likely to be, imported into the United States is being
produced, whether by mining, manufacture, or other means, in any foreign locality with the use of convict labor,
forced labor, or indentured labor under
penal sanctions, including forced child
labor or indentured child labor under
penal sanctions, so as to come within
the purview of section 307, Tariff Act of
1930, he shall communicate his belief to
the Commissioner of Customs. Every
such communication shall contain or
be accompanied by a statement of substantially the same information as is
required in paragraph (b) of this section, if in the possession of the port director or other officer or readily available to him.
(b) Any person outside the Customs
Service who has reason to believe that
merchandise produced in the circumstances mentioned in paragraph (a)
of this section is being, or is likely to
be, imported into the United States
and, if the production is with the use of
forced labor or indentured labor under
penal sanctions, that merchandise of
the same class is being produced in the
United States in such quantities as to
meet the consumptive demands of the
United States may communicate his
belief to any port director or the Commissioner of Customs. Every such communication shall contain, or be accompanied by, (1) a full statement of the
reasons for the belief, (2) a detailed description or sample of the merchandise,
and (3) all pertinent facts obtainable as
to the production of the merchandise
abroad. If the foreign merchandise is
believed to be mined, produced, or
manufactured with the use of forced
labor or indentured labor under penal
sanctions, such communication shall
also contain (4) detailed information as
to the production and consumption of
the particular class of merchandise in
the United States and the names and
addresses of domestic producers likely
to be interested in the matter.

(c) If any information filed with a
port director pursuant to paragraph (b)
of this section does not conform with
the requirements of that paragraph,
the communication shall be returned
promptly to the person who submitted
it with detailed written advice as to
the respects in which it does not conform. If such information is found to
comply with the requirements, it shall
be transmitted by the port director
within 10 days to the Commissioner of
Customs, together with all pertinent
additional information available to the
port director.
(d) Upon receipt by the Commissioner
of Customs of any communication submitted pursuant to paragraph (a) or (b)
of this section and found to comply
with the requirements of the pertinent
paragraph, the Commissioner will
cause such investigation to be made as
appears to be warranted by the circumstances of the case and the Commissioner or his designated representative will consider any representations
offered by foreign interests, importers,
domestic producers, or other interested
persons.
(e) If the Commissioner of Customs
finds at any time that information
available reasonably but not conclusively indicates that merchandise within the purview of section 307 is being,
or is likely to be, imported, he will
promptly advise all port directors accordingly and the port directors shall
thereupon withhold release of any such
merchandise pending instructions from
the Commissioner as to whether the
merchandise may be released otherwise
than for exportation.
(f) If it is determined on the basis of
the foregoing that the merchandise is
subject to the provisions of the said
section 307, the Commissioner of Customs, with the approval of the Secretary of the Treasury, will publish a
finding to that effect in a weekly issue
of the Customs Bulletin and in the
FEDERAL REGISTER.
(g) Any merchandise of a class specified in a finding made under paragraph
(f) of this section, which is imported directly or indirectly from the locality
specifed in the findings and has not
been released from Customs custody
before the date of publication of such
finding in the FEDERAL REGISTER shall

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