References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(8), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Prior Provisions
A prior section 1308, acts [June 17, 1930, ch. 497], title III, § 308, [46 Stat. 690]; [June 25, 1938, ch. 679, § 4], [52 Stat. 1079]; [Aug. 8, 1953, ch. 397, § 10(a)(1)], (b) to (f), [67 Stat. 512]; [Aug. 28, 1954, ch. 1045, § 1], [68 Stat. 914]; Aug. 28, 1957, [Pub. L. 85–211, § 3], [71 Stat. 487]; Apr. 16, 1958, [Pub. L. 85–379], [72 Stat. 88]; May 16, 1958, [Pub. L. 85–414, § 1], [72 Stat. 118], prescribed articles for temporary free importation under bond for exportation, prior to repeal by [Pub. L. 87–456, title III, § 301(a)], title V, § 501(a), May 24, 1962, [76 Stat. 75], 78, effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963.
Amendments
2014—Subsec. (e). [Pub. L. 113–188] struck out subsec. (e) which related to submissions of a plan for enforcement and annual reports on enforcement efforts.
Statutory Notes and Related Subsidiaries
Effective Date
[Pub. L. 106–476, title I, § 1443(c)], Nov. 9, 2000, [114 Stat. 2167], provided that: “The amendments made by this section [enacting this section and amending section 69 of Title 15, Commerce and Trade] shall take effect on the date of the enactment of this Act [Nov. 9, 2000].”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in [Pub. L. 107–296] as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by [Pub. L. 114–125], and [section 802(b) of Pub. L. 114–125], set out as a note under section 211 of Title 6.
Findings and Purposes
[Pub. L. 106–476, title I, § 1442], Nov. 9, 2000, [114 Stat. 2163], provided that:“(a)
Findings.—
Congress makes the following findings:
“(1)
An estimated 2,000,000 dogs and cats are slaughtered and sold annually as part of the international fur trade. Internationally, dog and cat fur is used in a wide variety of products, including fur coats and jackets, fur trimmed garments, hats, gloves, decorative accessories, stuffed animals, and other toys.
“(2)
The United States represents one of the largest markets for the sale of fur and fur products in the world. Market demand for fur products in the United States has led to the introduction of dog and cat fur products into United States commerce, frequently based on deceptive or fraudulent labeling of the products to disguise the true nature of the fur and mislead United States wholesalers, retailers, and consumers.
“(3)
Dog and cat fur, when dyed, is not easily distinguishable to persons who are not experts from other furs such as fox, rabbit, coyote, wolf, and mink, and synthetic materials made to resemble real fur. Dog and cat fur is generally less expensive than other types of fur and may be used as a substitute for more expensive types of furs, which provides an incentive to engage in unfair or fraudulent trade practices in the importation, exportation, distribution, or sale of fur products, including deceptive labeling and other practices designed to disguise the true contents or origin of the product.
“(4)
Forensic texts have documented that dog and cat fur products are being imported into the United States subject to deceptive labels or other practices designed to conceal the use of dog or cat fur in the production of wearing apparel, toys, and other products.
“(5)
Publicly available evidence reflects ongoing significant use of dogs and cats bred expressly for their fur by foreign fur producers for manufacture into wearing apparel, toys, and other products that have been introduced into United States commerce. The evidence indicates that foreign fur producers also rely on the use of stray dogs and cats and stolen pets for the manufacture of fur products destined for the world and United States markets.
“(6)
The methods of housing, transporting, and slaughtering dogs and cats for fur production are generally unregulated and inhumane.
“(7)
The trade of dog and cat fur products is ethically and aesthetically abhorrent to United States citizens. Consumers in the United States have a right to know if products offered for sale contain dog or cat fur and to ensure that they are not unwitting participants in this gruesome trade.
“(8)
Persons who engage in the sale of dog or cat fur products, including the fraudulent trade practices identified above, gain an unfair competitive advantage over persons who engage in legitimate trade in apparel, toys, and other products, and derive an unfair benefit from consumers who buy their products.
“(9)
The imposition of a ban on the sale, manufacture, offer for sale, transportation, and distribution of dog and cat fur products, regardless of their source, is consistent with the international obligations of the United States because it applies equally to domestic and foreign producers and avoids any discrimination among foreign sources of competing products. Such a ban is also consistent with provisions of international agreements to which the United States is a party that expressly allow for measures designed to protect the health and welfare of animals and to enjoin the use of deceptive trade practices in international or domestic commerce.
“(b)
Purposes.—
The purposes of this chapter [chapter 3 (§§ 1441–1443) of subtitle B of title I of
[Pub. L. 106–476], see Short Title of 2000 Amendment note set out under
section 1654 of this title] are to—
“(1)
prohibit imports, exports, sale, manufacture, offer for sale, transportation, and distribution in the United States of dog and cat fur products, in order to ensure that United States market demand does not provide an incentive to slaughter dogs or cats for their fur;
“(2)
require accurate labeling of fur species so that consumers in the United States can make informed choices and ensure that they are not unwitting contributors to this gruesome trade; and
“(3)
ensure that the customs laws of the United States are not undermined by illicit international traffic in dog and cat fur products.”