US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1527]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part III--Ascertainment, Collection, and Recovery of Duties
 
Sec. 1527. Importation of wild mammals and birds in violation of 
        foreign law
        

(a) Importation prohibited

    If the laws or regulations of any country, dependency, province, or 
other subdivision of government restrict the taking, killing, 
possession, or exportation to the United States, of any wild mammal or 
bird, alive or dead, or restrict the exportation to the United States of 
any part or product of any wild mammal or bird, whether raw or 
manufactured, no such mammal or bird, or part or product thereof, shall, 
after the expiration of ninety days after June 17, 1930, be imported 
into the United States from such country, dependency, province, or other 
subdivision of government, directly or indirectly, unless accompanied by 
a certification of the United States consul, for the consular district 
in which is located the port or place from which such mammal or bird, or 
part or product thereof, was exported from such country, dependency, 
province, or other subdivision of government, that such mammal or bird, 
or part or product thereof, has not been acquired or exported in 
violation of the laws or regulations of such country, dependency, 
province, or other subdivision of government.

(b) Forfeiture

    Any mammal or bird, alive or dead, or any part or product thereof, 
whether raw or manufactured, imported into the United States in 
violation of the provisions of the preceding subdivision shall be 
subject to seizure and forfeiture under the customs laws. Any such 
article so forfeited may, in the discretion of the Secretary of the 
Treasury and under such regulations as he may prescribe, be placed with 
the departments or bureaus of the Federal or State Governments, or with 
societies or museums, for exhibition or scientific or educational 
purposes, or destroyed, or (except in the case of heads or horns of wild 
mammals) sold in the manner provided by law.

(c) Section not to apply in certain cases

    The provisions of this section shall not apply in the case of--

                     (1) Prohibited importations

        Articles the importation of which is prohibited under the 
    provisions of this chapter, or of section 42(a) of title 18, or of 
    any other law;

               (2) Scientific or educational purposes

        Wild mammals or birds, alive or dead, or parts or products 
    thereof, whether raw or manufactured, imported for scientific or 
    educational purposes;

                  (3) Certain migratory game birds

        Migratory game birds (for which an open season is provided by 
    the laws of the United States and any foreign country which is a 
    party to a treaty with the United States, in effect on the date of 
    importation, relating to the protection of such migratory game 
    birds) brought into the United States by bona fide sportsmen 
    returning from hunting trips in such country, if at the time of 
    importation the possession of such birds is not prohibited by the 
    laws of such country or of the United States.

(June 17, 1930, ch. 497, title IV, Sec. 527, 46 Stat. 741.)

                       References in Text

    The customs laws, referred to in subsec. (b), are classified 
generally to this title.

                          Codification

    In subsec. (c)(1), ``section 42(a) of title 18'' substituted for 
``section 241 of the Criminal Code [18 U.S.C. 391]'' on authority of act 
June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted 
Title 18, Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 1540.