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Summary of Laws Enforced by CBP--Commerce and Trade

Summary of Laws Enforced by CBP--Commerce and Trade

Write: Sweeny [2011-05-20]

COMMERCE AND TRADE


15 U.S.C. § 11 - Trusts in Restraint of Trade

CBP enforces this law declaring trusts in restraint of import trade illegal by seizing and forfeiting any merchandise imported by any party found to be restraining trade.

15 U.S.C. §§ 68-68j - Wool Products Labeling Act of 1939

CBP enforces these provisions, which prohibit false or deceptive labeling (misbranding) of wool products. Section 68f requires all wool products imported into the U.S. to be labeled in accordance with requirements set forth in the law. That information is also required to be in the invoices provided at the time of importation. 19 C.F.R. § 11.12 (2005) requires labeling of wool products to indicate fiber content. 16 C.F.R. Part 300 (2005).

15 U.S.C. §§ 69-69j - Fur Products Labeling Act

CBP enforces these provisions, which prohibit false or deceptive labeling (misbranding) and false advertising of fur products. Section 69d requires all fur products imported into the U.S. to be labeled in accordance with the requirements set forth in the law. That information is also required to be in the invoices provided at the time of importation. 19 C.F.R. § 11.12a (2005) requires labeling of fur products to indicate composition. 16 C.F.R. Part 301 (2005).

15 U.S.C. §§ 70-77 - Textile Fiber Products Identification Act

CBP enforces these provisions, which prohibit false or deceptive labeling (misbranding) and false advertising of any textile fiber products. Section 70g requires all textile fiber products imported into the U.S. to be labeled in accordance with the requirements set forth in the law. That information is also required to be in the invoices provided for importation. 19 C.F.R. § 11.12b (2005) provides for labeling textile fiber products. 16 C.F.R. Part 303 (2005).

15 U.S.C. §§ 78dd-1, 78dd-2 - Foreign Corrupt Practices Act of 1977

This Act prohibits certain foreign trade practices by certain issuers of securities and domestic concerns.

15 U.S.C. § 206 - Standard Gauge for Sheet and Plate Iron and Steel

This provision, which sets uniform standard gauge for sheet and plate iron and steel is used in determining duties and taxes.

15 U.S.C. §§ 237-241 - Standard Barrels for Lime

CBP enforces these provisions, which provide for uniformity in sizes of barrels of lime and barrel marking requirements for importation. 15 C.F.R. Part 240 (2005).

15 U.S.C. §§ 291-300 - Gold Labeling Act of 1976

CBP enforces restrictions on the importation of gold or silver stamped with the words “United States Assay” or any words calculated to convey the impression that the U.S. Government has certified to the quality of such gold or silver. Section 294 prohibits the importation of such falsely marked gold or silver. 19 C.F.R. § 11.13 (2005) implements these restrictions.

15 U.S.C. §§ 717-717w - Natural Gas Act

CBP enforces these provisions on the regulation of the transporting and selling natural gas in interstate and foreign commerce. Section 717b prohibits the exportation or importation of natural gas without authorization from the Federal Energy Regulatory Commission.

15 U.S.C. § 784 - Federal Energy Administration Act of 1974

CBP ensures that coal and refined petroleum product exports comply with licensing requirements.

15 U.S.C. §§ 1051-1127 - Lanham Trade-Mark Act

CBP enforces this Act, which provides for the registration and enforcement of trademarks. Section 1124 prohibits the entry of merchandise that copies or simulates trade names or registered trademarks or contains false designations of origin. Section 1125 prohibits the importation of goods bearing false designations of origin or false descriptions. 19 C.F.R. Part 133 (2005).

15 U.S.C. §§ 1171-1178 - Gambling Devices Act of 1962

CBP assists in the enforcement of this Act, which prohibits the transportation of any gambling device in interstate or foreign commerce except where specifically permitted. 28 C.F.R. § 8.1 (2005).

15 U.S.C. §§ 1191-1204 - Flammable Fabrics Act

Pursuant to this Act, which provides for the setting of flammability standards for fabric by the Consumer Product Safety Commission (CPSC), CBP prohibits the importation of any product which fails to conform to the applicable flammability standard.

15 U.S.C. § 1231-1233 - Automobile Information Disclosure Act

CBP insures that imported automobiles are properly labeled.

15 U.S.C. §§ 1241-1245 - Switchblade Knife Act

This Act prohibits the manufacture, transportation or distribution of knives, including ballistic knives, having a blade which opens automatically by hand pressure applied to a button or by operation of inertia, gravity, or both. CBP enforces restrictions on the importation of such knives. See 19 C.F.R. §§ 12.95-12.103 (2005).

15 U.S.C. §§ 1261-1278 - Federal Hazardous Substances Act

This Act, which provides the CPSC with authority to conduct investigations for the purpose of declaring substances (including toys) as hazardous, regulate the labeling of hazardous or banned substances, and investigate violations thereof, requires CBP to deliver, upon request, to the CPSC samples of hazardous substances that are being imported or attempted to be imported. If the CPSC determines that the hazardous substance is misbranded or banned, its admission into the U.S. shall be refused by CBP. See 16 C.F.R. § 1500.265 - 1500.272 (2005); 21 C.F.R. § 1230.40 (2005); 19 C.F.R. § 12.1 (2005).

15 U.S.C. §§ 1331-1340 - Federal Cigarette Labeling and Advertising Act

CBP assists in the enforcement of this Act, which prohibits the manufacture, importation, or package for sale within the United States of any cigarettes that fail to bear the Surgeon General warning label. Cigarettes for export are exempt from the labeling requirement.

15 U.S.C. §§ 1451-1461 - Fair Packaging and Labeling Act

This Act, which prohibits the unfair and deceptive packaging and labeling of consumer commodities and provides the Secretary of HHS and the FTC with authority to promulgate regulations concerning labeling requirements, provides that, for imports, the CBP will enforce those regulations. See 21 C.F.R. Part 101, Part 701 (2005); 16 C.F.R. § 500 (2005).

15 U.S.C. §§ 1471-1474, 1476 - Poison Prevention Packaging Act of 1970

CBP makes sure that imported products are labeled correctly.

15 U.S.C. §§ 2051-2083 - Consumer Product Safety Act

CBP assists in the enforcement of this Act, which provides for the establishment of the Consumer Products Safety Commission (CPSC) and the setting of consumer product safety standards. The CPSC has the authority to issue an order prohibiting the importation, and refuse admission, of products that it determines are in violation of the CPSC standards. (Sections 2064 and 2066). Products solely for export are exempted from the CPSC standards. See 16 C.F.R. Part 1500 (2005).

15 U.S.C. §§ 2101-2106 - Hobby Protection Act

CBP enforces import restrictions under this Act, which prohibits the manufacture or importation of political items, coins and other numismatic items which do not meet specified marking requirements. See 16 C.F.R. §§ 304.1-304.6 (2005).

15 U.S.C. §§ 2601-2629 - Toxic Substances Control Act

Under this Act, which provides for the regulation of toxic substances by the Environmental Protection Agency (EPA), CBP prohibits the entry of any chemical substance that violates EPA’s standards. Treasury, in consultation with EPA, promulgated regulations to enforce the entry ban. See 19 C.F.R. §§ 12.118-127 (2005).

15 U.S.C. §§ 4401-4408 - Comprehensive Smokeless Tobacco Health Education Act

CBP assists in the enforcement of this Act, which prohibits the manufacture, importation, or package for sale within the United States of any smokeless tobacco product that fails to bear the Surgeon General warning label. See 16 C.F.R. Part 307 (2005).

15 U.S.C. § 4605 - Export of Semiconductor Manufacturing

CBP enforces this section, which provides that the exports of materials, equipment and technology developed through a federal grant by the consortium of U.S. semiconductor firms (Sematech) shall be subject to the Export Administration Act of 1979 (50 U.S.C. App. § 2401).


CODE OF FEDERAL REGULATIONS


15 C.F.R. PARTS 730-774 (2005) Export Administration Regulations

Simplification of Export Administration Regulations, 61 Fed. Reg. 12714 (1998). BXA/EAR General Information, Part 730. Control Policy (license requirements for nuclear, biological/chemical, and missile/delivery systems [NBC&M]), Part 742. End User Controls NBC&M, Part 744. Proliferation Controls NBC&M, Part 778.

Executive Order 12981

Establishes license determination and review procedures for exports covered under 15 C.F.R. Pts (listed immediately above).

Executive Order 12938 (November 1994)

CBP assists Commerce in the control of exports that would assist a country in acquiring the capability to develop or use weapons of mass destruction.