International TradeNewsletter - July 29, 2002
In this Issue...
U.S. Customs Service Proposes Two New Regulations
July 29, 2002
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U.S. Customs Service proposes to amend its regulations to
clarify the responsibilities of importers of food, drugs, devices, and
cosmetics under customs entry bond, and to provide a reasonable period of time
to allow the Food and Drug Administration to perform its enforcement functions
with respect to these articles. The proposed amendments provide for a specific
conditional-release period for any food, drug, device or cosmetic that has
been released under bond and for which admissibility is to be determined under
the provisions of the Food, Drug and Cosmetic Act. The proposed amendment also
clarifies the amount of liquidated damages that may be assessed when there is
a breach of the terms and conditions of the customs bond. The document also
proposes to amend the customs regulations to authorize any representative of
the Food and Drug Administration (FDA) to obtain a sample of any food, drug,
device or cosmetic, the importation of which is governed by section 801 of the
Food, Drug and Cosmetic Act. Comments must be received on or before August 6,
2002. For a copy of the proposed regulations and additional information on
submitting comments, click
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-14286-filed.
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U.S. Customs Services proposes to amend its regulations
pertaining to the importation of merchandise bearing a counterfeit mark to
clarify the limit on the amount of a civil fine which may be assessed by
Customs when merchandise bearing a counterfeit mark is imported. The
regulations currently use, as a measurement for determining the limit, the
domestic value of merchandise as if it had been genuine, based on the
manufacturer's suggested retail price of the merchandise at the time of
seizure. The proposed regulation will base the limit of the civil fine on the
value of the genuine goods according to the manufacturer's suggested retail
price (MSRP), without any reference to domestic value. Comments must be
received on or before August 6, 2002. For a copy of the proposed regulations
and additional information on how to submit comments, click
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-14287-filed.