Code of Federal Regulations · Section
§ 12.3 — Release Under Bond; Liquidated Damages
19 C.F.R. § 12.3
(a) Release. No food, drug, device, cosmetic , tobacco product, pesticide, hazardous substance or dangerous caustic or corrosive substance that is the subject of § 12.1 will be released except in accordance with the laws and regulations applicable to the merchandise. When any merchandise that is the subject of § 12.1 is to be released under bond pursuant to regulations applicable to that merchandise, a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, will be required.
(b) Bond amount. The bond referred to in paragraph (a) of this section must be in a specific amount prescribed by the port director based on the circumstances of the particular case that is either:
(1) Equal to the domestic value (see § 162.43(a) of this chapter) of the merchandise at the time of release as if the merchandise were admissible and otherwise in compliance; or
(2) Equal to three times the value of the merchandise as provided in § 113.62(n)(1) of this chapter.
(c) Liquidated damages. Whenever liquidated damages arise with regard to any food, drug, device or cosmetic subject to § 12.1(a) for failure to redeliver merchandise into Customs custody or for failure to rectify any noncompliance with the applicable provisions of admission, including the failure to export or destroy the merchandise within the time period prescribed by law after the merchandise has been refused admission pursuant to the provisions of the Food, Drug and Cosmetic Act, those liquidated damages will be assessed pursuant to § 113.62(n)(1) of this chapter in the amount of the bond prescribed under paragraph (b) of this section.
Authorizing Statute
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Importation of wild mammals and birds in violation of foreign law19 U.S.C. § 1527
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Bonds and other security19 U.S.C. § 1623
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Definitions7 U.S.C. § 136
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Regulations and hearings21 U.S.C. § 371
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No remission or refund after release of merchandise19 U.S.C. § 1558
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Findings19 U.S.C. § 3901
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Imports and exports21 U.S.C. § 381
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Convict-made goods; importation prohibited19 U.S.C. § 1307
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Prohibited acts42 U.S.C. § 7522
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Regulations19 U.S.C. § 2612
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Immoral articles; importation prohibited19 U.S.C. § 1305
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Rules and forms prescribed by Secretary19 U.S.C. § 66
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Unlawful businesses without permit; application to State agency27 U.S.C. § 203
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Findings, policy, and intent15 U.S.C. § 2601
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Unfair practices in import trade19 U.S.C. § 1337
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Regulations46 U.S.C. § 4302
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Departmental regulations5 U.S.C. § 301
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Rules and regulations7 U.S.C. § 1592
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Imports42 U.S.C. § 6301
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Rules and regulations19 U.S.C. § 2094
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Agreements limiting imports7 U.S.C. § 1854
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Regulation of biological products42 U.S.C. § 262
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Harmonized Tariff Schedule19 U.S.C. § 1202
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Aiding unlawful importation19 U.S.C. § 1595a
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Entry of merchandise19 U.S.C. § 1484
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Illegal exportation of war materials22 U.S.C. § 401