19 U.S.C. § 1307 — Convict-made goods; importation prohib-

Page 71 TITLE 19—CUSTOMS DUTIES § 1307 date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title. Pub. L. 100–418, title I, § 1901(b), Aug. 23, 1988, 102 Stat. 1312, provided that: ‘‘The amendments made by sub- section (a) [amending this section] apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Aug. 23, 1988].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 91–662 effective Jan. 9, 1971, see section 7 of Pub. L. 91–662, set out as a note under section 552 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 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 Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally 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. Executive Documents TRANSFER OF FUNCTIONS Functions of officers of Department of the Treasury and functions of all agencies and employees of such De- partment transferred, with certain exceptions, to Sec- retary of the Treasury, with power vested in him to au- thorize their performance or performance of any of his functions, by any of such officers, agencies, and em- ployees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Em- ployees. Customs officers, referred to in text, were under Department of the Treasury. IMPORTATION OF RU–486 Memorandum of President of the United States, Jan. 22, 1993, 58 F.R. 7459, provided: Memorandum for the Secretary of Health and Human Services In Import Alert 66–47, the Food and Drug Administra- tion (‘‘FDA’’) excluded the drug Mifepristine—com- monly known as RU–486—from the list of drugs that in- dividuals can import into the United States for their ‘‘personal use,’’ although the drugs have not yet been approved for distribution by the FDA. (See FDA Regu- latory Procedures Manual, Chapter 9–71.) Import Alert 66–47 effectively bans the importation into this Nation of a drug that is used in other nations as a nonsurgical means of abortion. I am informed that in excluding RU–486 from the per- sonal use importation exemption, the FDA appears to have based its decision on factors other than an assess- ment of the possible health and safety risks of the drug. Accordingly, I hereby direct that you promptly instruct the FDA to determine whether there is suffi- cient evidence to warrant exclusion of RU–486 from the list of drugs that qualify for the personal use importa- tion exemption. Furthermore, if the FDA concludes that RU–486 meets the criteria for the personal use im- portation exemption, I direct that you immediately take steps to rescind Import Alert 66–47. In addition, I direct that you promptly assess initia- tives by which the Department of Health and Human Services can promote the testing, licensing, and manu- facturing in the United States of RU–486 or other antiprogestins. You are hereby authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 1306. Repealed. Pub. L. 107–171, title X, § 10418(a)(5), May 13, 2002, 116 Stat. 507 Section, June 17, 1930, ch. 497, title III, § 306, 46 Stat. 689; Pub. L. 85–867, Sept. 2, 1958, 72 Stat. 1685; Pub. L. 90–201, § 18, Dec. 15, 1967, 81 Stat. 600; Pub. L. 100–449, title III, § 301(f)(5), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103–182, title III, § 361(d)(1), Dec. 8, 1993, 107 Stat. 2123; Pub. L. 103–465, title IV, § 431(g), Dec. 8, 1994, 108 Stat. 4969, prohibited the importation of cattle, sheep, swine, and meats in certain cases. § 1307. Convict-made goods; importation prohib- ited All goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/ and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the Secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. ‘‘Forced labor’’, as herein used, shall mean all work or service which is exacted from any per- son under the menace of any penalty for its non- performance and for which the worker does not offer himself voluntarily. For purposes of this section, the term ‘‘forced labor or/and inden- tured labor’’ includes forced or indentured child labor. (June 17, 1930, ch. 497, title III, § 307, 46 Stat. 689; Pub. L. 106–200, title IV, § 411(a), May 18, 2000, 114 Stat. 298; Pub. L. 114–125, title IX, § 910(a)(1), Feb. 24, 2016, 130 Stat. 239.) Editorial Notes PRIOR PROVISIONS Provisions in the same language as the provisions in this section were made by act Oct. 3, 1913, ch. 16, § IV, I, 38 Stat. 195, superseding similar provisions of pre- vious tariff acts. That subdivision was superseded by act Sept. 21, 1922, ch. 356, title III, § 307, 42 Stat. 937, and repealed by section 321 of that act. Section 307 of act Sept. 21, 1922, was superseded by section 307 of act June 17, 1930, comprising this section, and repealed by sec- tion 651(a)(1) of the 1930 act. AMENDMENTS 2016—Pub. L. 114–125 struck out ‘‘The provisions of this section relating to goods, wares, articles, and mer- chandise mined, produced, or manufactured by forced labor or/and indentured labor, shall take effect on Jan- uary 1, 1932; but in no case shall such provisions be ap- plicable to goods, wares, articles, or merchandise so mined, produced, or manufactured which are not Page 72 TITLE 19—CUSTOMS DUTIES § 1308 mined, produced, or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.’’ after ‘‘enforcement of this provi- sion.’’ 2000—Pub. L. 106–200 inserted at end ‘‘For purposes of this section, the term ‘forced labor or/and indentured labor’ includes forced or indentured child labor.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–125, title IX, § 910(a)(2), Feb. 24, 2016, 130 Stat. 239, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on the date that is 15 days after the date of the enact- ment of this Act [Feb. 24, 2016].’’ EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–200, title IV, § 411(b), May 18, 2000, 114 Stat. 298, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on the date of the enactment of this Act [May 18, 2000].’’ PROHIBITION ON USE OF FUNDS TO PREVENT ENFORCE- MENT OF BAN ON IMPORTATION OF CONVICT-MADE GOODS Pub. L. 108–90, title V, § 514, Oct. 1, 2003, 117 Stat. 1154, provided that: ‘‘For fiscal year 2004 and thereafter, none of the funds appropriated or otherwise made avail- able to the Department of Homeland Security shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would re- sult in a determination, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).’’ PROHIBITION ON USE OF FUNDS TO ALLOW IMPORTATION OF FORCED OR INDENTURED CHILD LABOR Pub. L. 108–90, title V, § 515, Oct. 1, 2003, 117 Stat. 1154, provided that: ‘‘For fiscal year 2004 and thereafter, none of the funds appropriated or otherwise made avail- able to the Department of Homeland Security may be used to allow— ‘‘(1) the importation into the United States of any good, ware, article, or merchandise mined, produced, or manufactured by forced or indentured child labor, as determined under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); or ‘‘(2) the release into the United States of any good, ware, article, or merchandise on which there is in ef- fect a detention order under such section 307 on the basis that the good, ware, article, or merchandise may have been mined, produced, or manufactured by forced or indentured child labor.’’ REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED FOR UNITED STATES MARKET Pub. L. 105–261, div. C, title XXXVII, § 3702, Oct. 17, 1998, 112 Stat. 2275, required the Commissioner of Cus- toms, by 1 year after Oct. 17, 1998, to prepare and trans- mit to Congress a report, with specified information, on products made with forced labor that are destined for the United States market. SENSE OF CONGRESS REQUESTING PRESIDENT TO IN- STRUCT SECRETARY OF THE TREASURY TO ENFORCE SECTION 1307 WITHOUT DELAY Pub. L. 100–418, title I, § 1906, Aug. 23, 1988, 102 Stat. 1313, related to Congressional findings of deplorable forced labor conditions in former Soviet Union and re- quest of President to instruct Secretary of the Treas- ury to enforce this section without delay, prior to re- peal by Pub. L. 103–199, title II, § 204(a), Dec. 17, 1993, 107 Stat. 2322. § 1308. Prohibition on importation of dog and cat fur products (a) Definitions In this section: (1) Cat fur The term ‘‘cat fur’’ means the pelt or skin of any animal of the species Felis catus. (2) Interstate commerce The term ‘‘interstate commerce’’ means the transportation for sale, trade, or use between any State, territory, or possession of the United States, or the District of Columbia, and any place outside thereof. (3) Customs laws The term ‘‘customs laws of the United States’’ means any other law or regulation en- forced or administered by the United States Customs Service. (4) Designated authority The term ‘‘designated authority’’ means the Secretary of the Treasury, with respect to the prohibitions under subsection (b)(1)(A), and the President (or the President’s designee), with respect to the prohibitions under sub- section (b)(1)(B). (5) Dog fur The term ‘‘dog fur’’ means the pelt or skin of any animal of the species Canis familiaris. (6) Dog or cat fur product The term ‘‘dog or cat fur product’’ means any item of merchandise which consists, or is composed in whole or in part, of any dog fur, cat fur, or both. (7) Person The term ‘‘person’’ includes any individual, partnership, corporation, association, organi- zation, business trust, government entity, or other entity subject to the jurisdiction of the United States. (8) United States The term ‘‘United States’’ means the cus- toms territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. (b) Prohibitions (1) In general It shall be unlawful for any person to— (A) import into, or export from, the United States any dog or cat fur product; or (B) introduce into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in inter- state commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product. (2) Exception This subsection shall not apply to the impor- tation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy. (c) Penalties and enforcement (1) Civil penalties (A) In general Any person who violates any provision of this section or any regulation issued under this section may, in addition to any other