[Title 19 CFR 147]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 19 - CUSTOMS DUTIES]
[Chapter I - UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY]
[Part 147 - TRADE FAIRS]
[From the U.S. Government Printing Office]
19CUSTOMS DUTIES22002-04-012002-04-01falseTRADE FAIRS147PART 147CUSTOMS DUTIESUNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
PART 147--TRADE FAIRS--Table of Contents
Sec.
147.0 Scope.
*COM041*Subpart A--General Provisions
147.1 Definitions.
147.2 Articles which may be entered for a fair.
147.3 Bond required.
Subpart B--Procedure for Importation
147.11 Entry.
147.12 Invoices.
147.13 Transfer to fair building.
147.14 Articles not to be immediately entered and delivered to a fair.
147.15 Tentative appraisement.
Subpart C--Requirements of Other Laws
147.21 Marking under the Tariff Act of 1930.
147.22 Compliance with internal revenue laws and Federal Alcohol
Administration Act.
147.23 Compliance with Plant Quarantine Act and Federal Food, Drug, and
Cosmetic Act.
147.24 Merchandise subject to licensing.
Subpart D--Customs Supervision
147.31 Articles to be kept separate.
147.32 Detail of officers to protect the revenue.
147.33 Reimbursement by fair operator.
Subpart E--Disposition of Articles Entered for Fairs
147.41 Removal or disposition pursuant to regulation.
147.42 Disposition generally.
147.43 Entry under the Customs laws.
147.44 Entry for another fair.
147.45 Merchandise from a foreign-trade zone.
147.46 Voluntary abandonment or destruction.
147.47 Mandatory abandonment.
Authority: 19 U.S.C. 66, 1623, 1624, 1751-1756, unless otherwise
noted.
[[Page 128]]
Source: T.D. 70-134, 35 FR 9268, June 13, 1970, unless otherwise
noted.
Sec. 147.0 Scope.
This part governs the entry of merchandise intended for exhibition
or for use in constructing, installing, or maintaining foreign exhibits
at trade fairs which have been so designated by the Secretary of
Commerce. It also contains provisions concerning Customs supervision of
the merchandise, and the disposition of the merchandise after the fair
has closed. The entry of articles which may be admitted free of duty
under other provisions of this chapter may be governed by those
provisions rather than the regulations in this part.
Subpart A--General Provisions
Sec. 147.1 Definitions.
The following are general definitions for the purposes of part 147:
(a) The Act. ``The Act'' means the Trade Fair Act of 1959. (Secs. 2-
7, 73 Stat. 18, 19; 19 U.S.C. 1751-1756.)
(b) Fair. ``Fair'' means a fair, exhibition, or exposition
designated by the Secretary of Commerce pursuant to the Trade Fair Act.
(c) Fair operator. ``Fair operator'' means the party named by the
Secretary of Commerce as the operator of the fair.
(d) Port. ``Port'' means the port at which the fair is to be held,
or if the fair is not to be held within the limits of a port, the port
nearest to the location of the fair.
(e) Closing date. ``Closing date'' means the date designated by the
Secretary of Commerce as the date when the fair will close, including
any extension granted by the Secretary of Commerce, or, if the fair
closes earlier, the date on which the fair actually closes.
(f) Articles for a fair. ``Articles for a fair'' includes, but is
not limited to:
(1) Actual exhibit items;
(2) Pamphlets, brochures, and explanatory material in reasonable
quantities relating to foreign exhibits at a fair;
(3) Material for use in constructing, installing, or maintaining
foreign exhibits at a fair.
[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 82-145, 47
FR 35478, Aug. 16, 1982]
Sec. 147.2 Articles which may be entered for a fair.
(a) General. Any article imported or brought into the United States
may be entered under bond under the regulations of this part for the
purpose of exhibition at a fair, or for use in constructing, installing,
or maintaining foreign exhibits at a fair, if no duty or internal
revenue tax has been paid, and the article is:
(1) In a foreign-trade zone; or
(2) Imported for exhibition under Chapter 98, Subchapter XII,
Harmonized Tariff Schedule of the United States; or
(3) In continuous Customs custody, including but not limited to
articles:
(i) Imported or brought into the United States for the purpose of
direct entry at a particular fair;
(ii) In Customs bonded warehouses;
(iii) Unentered under the Customs laws and held in general order
pending entry or exportation;
(iv) On exhibition at another fair designated by the Secretary of
Commerce.
(b) Exception. Articles which have been entered under Chapter 98,
Subchapter XIII, HTSUS, may not be entered under the regulations of this
part.
[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49
FR 41186, Oct. 19, 1984; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]
Sec. 147.3 Bond required.
The fair operator shall file a bond on Customs Form 301, containing
the bond conditions set forth in Sec. 113.62 of this chapter in such
amount as the port director requires. Liquidated damages shall be
assessed by the port director under the bond if payments required by
Secs. 147.33, 147.41 or 147.43 are not paid upon demand.
[T.D. 84-213, 49 FR 41186, Oct. 19, 1984]
[[Page 129]]
Subpart B--Procedure for Importation
Sec. 147.11 Entry.
(a) Made in name of fair operator. All entries of articles for a
fair shall be made at the port in the name of the fair operator which
shall be deemed for Customs purposes the sole consignee of the
merchandise entered under the Act and responsible to the Government for
all duties and charges due the United States on account of such entries.
(b) Merchandise arriving at port other than port of the fair.
Articles to be entered under this subpart which arrive at ports other
than the port of the fair shall be entered for immediate transportation
without appraisement to the latter port in the manner prescribed in part
18 of this chapter.
(c) Form of entry. Articles shall be entered upon arrival at the
port of the fair on a special form of entry to read substantially as
follows:
Entry for Exhibition
Entry No. ------------
Entry at the port of ------------------------ of articles consigned
or transferred to ------------------------ (Fair operator) under ------
------------------ I.T. No. ------------------------ ex S.S. ----------
-------------- from ------------------------ on the ------------ day of
------------, 19--, for exhibition purposes under the Trade Fair Act of
1959.
------------------------------------------------------------------------
Package and Invoice
Mark Number contents Quality value
------------------------------------------------------------------------
............ ................ ............ ............
............ ................ ............ ............
............ ................ ............ ............
............ ................ ............ ............
------------------------------------------------------------------------
________________________________________________________________________
(Fair operator)
By______________________________________________________________________
(d) Supersedes previous entry. When entry for a fair is made under
this part, such entry shall supersede any previous entry.
Sec. 147.12 Invoices.
Articles intended for a fair under the provisions of the Act are
subject to the invoice requirements of subpart F, part 141 of this
chapter.
(R.S. 251, as amended, secs. 481, 484, 624, 46 Stat. 719, 722, as
amended, 759 (19 U.S.C. 66, 1481, 1484, 1624))
[T.D. 85-39, 50 FR 9612, Mar. 11, 1985]
Sec. 147.13 Transfer to fair building.
(a) Immediate delivery. The provisions governing immediate delivery
in part 142 of this chapter are applicable to articles for a fair.
(b) After entry. Upon the entry being made, a permit may be issued
by the port director for the transfer of the articles covered thereby to
the buildings in which they are to be exhibited or used, or, in his
discretion, to the public stores for examination and subsequent delivery
to the buildings in which they are to be exhibited or used.
[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 73-175, 38
FR 17470, July 2, 1973]
Sec. 147.14 Articles not to be immediately entered and delivered to a fair.
(a) Placed in bonded warehouses. If for any reason articles imported
for a fair are not to be entered and delivered to a fair upon their
arrival, the fair operator should request the port director, in writing,
to cause such articles to be placed in a bonded warehouse under a
``general order permit'' at the risk and expense of the fair operator.
If no request is made and the articles remain unentered after 5 days
from the date of arrival, they will be placed in general order.
(b) Entry within 1 year. At any time within 1 year from the date
such articles are imported or brought in, they may be entered under this
part for a fair or entered under the general tariff law, or for
exportation.
(c) Abandonment. If not entered within such period, they will be
regarded as abandoned to the Government.
Sec. 147.15 Tentative appraisement.
All articles entered for a fair shall be tentatively appraised prior
to exhibition or use.
[[Page 130]]
Subpart C--Requirements of Other Laws
Sec. 147.21 Marking under the Tariff Act of 1930.
The marking requirements of the Tariff Act of 1930, as amended, and
the regulations thereunder will not apply to articles for a fair,
except, when such articles are entered for consumption. When entered for
consumption, such articles shall be released from Customs custody only
upon a full compliance with these marking requirements.
Sec. 147.22 Compliance with the internal revenue laws and Federal Alcohol Administration Act.
The packaging, marking, and labeling requirements of the internal-
revenue laws, and the Federal Alcohol Administration Act (27 U.S.C. 201
to 212), will not apply to articles entered under this part, but any
article failing to comply with such requirements shall be conspicuously
marked prior to exhibition ``Not labeled or packaged as required by law-
-not for sale.'' When any such article is withdrawn for consumption, it
shall be released from Customs custody only upon a full compliance with
such packaging, marking, and labeling requirements.
Sec. 147.23 Compliance with Plant Quarantine Act and Federal Food, Drug, and Cosmetic Act.
(a) Plant Quarantine Act. The entry of plant material subject to
restriction under the Plant Quarantine Act of 1912, as amended (7 U.S.C.
151 through 164a, 167), shall not be permitted except under permits
issued by the Plant Quarantine Division of the Agricultural Research
Service, Department of Agriculture, and in accordance with the plant
quarantine regulations.
(b) Federal Food, Drug, and Cosmetic Act. The entry of food products
shall conform to the requirements of the Federal Food, Drug, and
Cosmetic Act, as amended (21 U.S.C. 301 et seq.), and the regulations
issued thereunder.
Sec. 147.24 Merchandise subject to licensing.
Merchandise, the importation of which is subject to the licensing
regulations of any agency of the U.S. Government, may be entered for a
fair only upon the presentation of the required license, or a waiver of
such license.
Subpart D--Customs Supervision
Sec. 147.31 Articles to be kept separate.
Articles for exhibit at a fair shall be segregated from domestic
articles and from imported articles entered under the provisions of the
general Customs laws and released from Customs custody.
Sec. 147.32 Detail of officers to protect the revenue.
The port director shall detail an officer to act as his
representative at the fair and shall station inside the buildings as
many additional Custom officers and employees as may be necessary to
properly protect the revenue.
Sec. 147.33 Reimbursement by fair operator.
All actual and necessary charges for labor, services, and other
expenses in connection with the entry, examination, appraisement,
custody, abandonment, destruction, or release of articles entered under
the regulations of this part, together with the necessary charges for
salaries of Customs officers and employees in connection with the
accounting for, custody of, and supervision over, such articles, shall
be reimbursed by the fair operator to the Government, payment to be made
on demand to the port director for deposit to the appropriation from
which paid.
Subpart E--Disposition of Articles Entered for Fairs
Sec. 147.41 Removal or disposition pursuant to regulation.
Articles for a fair entered under this part shall not be removed
from the fair premises, or otherwise disposed of, except in accordance
with this subpart. The fair operator shall be liable for the payment of
any unpaid duty, tax, fees, charges, or exaction due on any article
removed from the fair premises or disposed of contrary to this subpart,
including any article lost or stolen regardless of the fair operator's
fault.
[[Page 131]]
The payment shall be made on demand by the port director.
[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49
FR 41186, Oct. 19, 1984]
Sec. 147.42 Disposition generally.
(a) Kinds of disposition. Any article entered for a fair under this
part may be entered for consumption, for warehouse, or under any other
provision of the Customs laws, or for another fair, or may be
transferred to other Customs custody status or to a foreign-trade zone,
or abandoned to the Government, or destroyed under Customs supervision,
or exported, at any time before, or within 3 months after, the closing
date of the fair.
(b) Appraisement. Upon entry under any provision of the Customs
laws, or at the expiration of 3 months after the closing date of the
fair in the case of articles not previously entered or transferred,
articles entered for fairs shall be appraised.
(c) Period for performance of certain acts. In the case of any
article entered under a provision of the Customs laws, or for another
fair, or transferred to other Customs custody status, or to a foreign-
trade zone, the period prescribed for the performance of any act
required by the provision governing the status under which the article
is entered, or to which it is transferred, shall be computed from the
date of such entry or transfer.
[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 70-181, 35
FR 13436, Aug. 22, 1970]
Sec. 147.43 Entry under the Customs laws.
(a) Payment of duties and taxes. Any applicable duties and internal
revenue taxes on any article entered under any provision of the Customs
laws must be paid on such article in its condition and quantity, and at
the rate in effect, at the time of such entry.
(b) Person to make entry. Entry of merchandise under the Customs
laws from a fair may be made in the name of any person duly authorized
in writing by the fair operator to make such entry.
Sec. 147.44 Entry for another fair.
Articles entered for a fair which are to be entered for another fair
under the provisions of this part shall be retained in continuous
Customs custody.
Sec. 147.45 Merchandise from a foreign-trade zone.
Articles entered for a fair from a foreign-trade zone status of
``zone-restricted merchandise'' can afterwards be entered for
consumption from a fair if the Foreign-Trade Zones Board has approved
the entry for consumption as being in the public interest. Articles
entered in the above manner are subject to the provisions of subheading
9801.00.70, if aircraft, or subheading 9801.00.80, if not aircraft,
unless excluded by U.S. Note 1(c), Chapter 98, Subchapter I, Harmonized
Tariff Schedule of the United States.
(R.S. 251, as amended; secs. 1-21, 48 Stat. 998, 999, as amended; 1000,
1002, as amended, 1003, 77A Stat. 14, sec. 624, 46 Stat. 759 (19 U.S.C
66, 81a-81u, 1202 (Gen, Hdnt. 11)1624))
[T.D. 83-240, 48 FR 53098, Nov. 24, 1983, as amended by T.D. 89-1, 53 FR
51263, Dec. 21, 1988]
Sec. 147.46 Voluntary abandonment or destruction.
At any time before or within 3 months after the closing date of the
fair any article entered for a fair may be abandoned to the Government
or destroyed under Customs supervision, upon compliance with Sec. 158.43
of this chapter. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by
T.D. 72-258, 37 FR 20174, Sept. 27, 1972]
Sec. 147.47 Mandatory abandonment.
Any article entered for a fair, and not disposed of under the
provisions of this subpart prior to the expiration of 3 months after the
close of the fair shall be regarded as abandoned to the Government, and
subject to sale or destruction. Proceeds of sale shall be disposed of in
the manner provided in sections 491, 492, and 493, Tariff Act of 1930,
as amended, and the regulations thereunder. (See subpart D of part 127
of this chapter.) Any duties or internal revenue taxes on such article
shall be computed on the basis of its condition
[[Page 132]]
and quantity at the time it becomes subject to sale.
[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 74-114, 39
FR 12095, Apr. 3, 1974]