MERCHANDISE PRODUCED BY CONVICT FORCED OR INDENTURED LABOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-01156R000200230022-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: December 8, 2008
• Sequence Number: 22
• Publication Date: January 1, 1983
• Content Type: REPORT

1 Chanter 1-United States Customs Service
t.42 Approved For Release 2008/12/08: CIA-RDP85-01156R000200230022-7
who submitted it with detailed written
l In the space designated "Re- to the Commissioner of ha. advice as to the respects In which it
-its" in Ilea of on Form 3291. Every such communication shall ll con. does not conform. If such Information
)) Films r Individual by a for. Lain or be accompanied by a statement is found to comply with the require.
I concern o or Individual shall be e pre. of substantially the same Information manta, It shall be transmitted by the
red by a qualified employee of the as Is. required in paragraph (b).~t phis district director within 10 days to the
rroximate number of feet shall be (b) Any person outside the Customs
ertalned by weighing before they Service who has reason to believe that
allowed to be developed and print- merchandise produced in the circum-
and such film shall be previewed by stances mentioned In paragraph (a) of
juslified.employee of the Customs this section is being, or Is likely to be,
vice after having been developed imported into the United States and.
I printed. If the production is with the use of
:) Any objectionable film shall be forced labor or Indentured labor under
tined pending instructions from penal sanctions, that merchandise of
s ors. U.S. Customs Service or the same class is being produced In the
lecision of the court as to its final United States in such quantities as to
positsposition. meet the consumptive demands of the
e. 305. 46 Stat. ass. as amended; 19 United States may communicate his
LC. 1305) belief to any district director or the
C
missione
of Gusto
s. E - -
om
'
-
-
InCHANDISE PRODUCED BY CONVICT.
FORCED, OR INDENTURED LABOR communication shall contain, or be ac-
cempanled by, (1) a full at'temnt of
Lit Findings of commissioner o Cu.- uthe reasons torn or a ie a e-
toms rat
a) If any district director or other me" rclian
ac a in the erndu~ n
iacipal Customs ottiser has reason dierhrnan. If the tor.
believe that any class of merchan-
a gn merchandise is believed to be
which Is being, or is likely to be.
ported
1 g prdut~`hwhetheUnited y miningIs mined, , with the use of forced labor or manufactured en.
mufacture, or other means, in any tured labor under penal sanctions.
reign locality with the use of convict such communication shall also contain
labor, Indentured
and consumption of the par.
)or under penal sanctions so as to duct on detailed
me within the purview of the first titular class of merchandise in the
Dtence of section 307, Tariff Act of United States and the names and ad.
3o." he shall communicate his belief dresses of domestic producers likely to
1q u Ac. i n9rZ be interested in the matter.
,~ goods. wares. In. tn)d an. (c) If any Information filed with ^
e mined. produced, or manufactured district director pursuant to Para-
wily or in part in any foreign country by graph (b) of this section does not con-
evict labor or/and forced labor or/and In- form with the requirements of that
atured labor under penal sanctions shall paragraph, the communication shall
t be entitled to enter at any of the ports be returned promptly to the person
the United Sous. and the importation
treat is hereby prohibited, and the Secre-
Z of the Treasury Is authorized and di- are not mined, produced. or manufactured
ed to prescribe such regulations as may in such quantities in the United States as to
necessary for the enforcement of this meet the consumptive demands of the
orison. The provisions of this section re? United States.
Jng to goods, wares. articles. and mar- ".Forced labor.' as herein used. shall
andise mined, produced. or manufactured mean all work or service which is exacted
forced labor or/and indentured labor, from any person under the menace of any
all take effect on January 1. 1932; but In penalty for its nonperformance and for
rase shall such provisions be applicable which the worker does not offer himself vol'
g prooduucced. or articles. manufactured which U.S.C. t 1307Tariff Act of 1930. sec. 307; 19
ured,
tion available to the district director.
(d) Upon receipt by the Commission-
er of Customs of any communication
submitted pursuant to paragraph (a)
or (b) of this section and found to
comply with the requirements of the
pertinent paragraph, the Commission-
er will cause such investigation to be
made as appears to be warranted by
the circumstances of the case and the
Commissioner or his designated repre-
sentative will consider any representa-
tions offered by foreign Interests. im-
porters, domestic producers, or other
Interested persons.
(e) If o a loner of Customs
not concu -
a con
e ve able ddiascates that g~hantitle
i1" ~j o-~ew o sectTo_n 1"Is
rag, or is likely to be in ~He
will prom D y a v e a ii roooc rec-
tors accordingly and the district direc.
tors shall thereupon withhold release
of any such merchandise pending
instructions from the Commissioner as
to whether the merchandise may be
released otherwise than for exporta-
tion.
(f) If it to determined on the basis of
the foregoing that the merchandise Is
subject to the provisions of the said
section 307. the Commissioner of Cus-
toms, with the approval of the Secre-
tary of the Treasury, will publish a
finding to that effect In a weekly Issue
of the Customs Bulletin and in the
FEDERAL REGISTER.
(g) Any merchandise of a class speci-
fied In a finding made under para-
graph (f) of this section. which is im-
ported directly or Indirectly from the
locality specifed in the findings and
has not been released from Customs
custody before the date of publication
of such finding In the FEDERAL REGIS-
TER shall be considered and treated as
an Importation prohibited by section
307. Tariff Act of 1930. unless the im?
porter establishes by satisfactory evi-
dence that the merchandise was not
lz!
? 12.43
mined. produced. or manufactured In
any part with the use of a class of
labor specified in the finding.
(h) The following findings made
under the authority of section 307.
Tariff Act of 1930 are currently in
effect with respect to the merchandise
listed below:
Frn*n. tears
hsngwt, and prep
MM boar.
(Sec. 307, 46 Stat. 689; 19 U.S.C. 1307)
912.13 Proof of admissibility.
(a) If an Importer of any artit. de-
tained under 1 12.42(e) or (g) desires to
contend that the article was not
mined, produced, or manufactured In
any part with the use of a class of
labor specified In section 307, Tariff
Act of 1930, he shall submit to the
Commissioner of Customs within 3
months after the date the article was
imported a certificate of origin In the
form set forth below, signed by the
foreign seller or owner of the article.
If the article was mined, produced, or
manufactured wholly or in part In a
country other than that from which It
was exported to the United States, an
additional certificate In such form and
signed by the last owner or seller In
such other country, substituting the
facts of transportation from such
other country for the statements with
respect to shipment from the nary
of exportation, shall be so submitted.
CERTIpcATE or Oaip)N
I. __------, foreign seller or owner
of the merchandise hereinafter described.
certify that such merchandise, consisting of
--/Quantity) of --------
(Description) In ----------(Number
and kind of packages) bearing the following
marks and numbers ------was mined,
produced, or manufactured by
--------(Name) at or near
-------, and was laden on board
--(Carrier to the United
States) at - --(Place of lading)
(Place of final departure from country of
exportation) which departed from on
_-_ (Date); and that
_--(Class of labor specified
in finding) was not employed in any stage of
 Approved For Release 2008/12/08 : CIA-RDP85-011 R000200230022-7 led States Customs Service ? 12?49
2.44
? mining. Production. or man cmerchandise or of any component
ompo
.real: -
)ated ------
(signature)
deemed to have been abandoned and
shall be destroyed, unless it has been
exported or a protest has been filed as
provided for In section 514. Tariff Act
of 1930.
taken against the article, it shall be
seized and held pending the receipt of
further Instructions from the United
States attorney or the court.
COUNTERFEIT COINS. OBLIGATIONS, AND
OTHER SECURITIES; ILLUSTRATIONS OR
REPRODUCTIONS Or COINS OR STAMPS
if 12.18 Importation prohibited: exceptions
to prohibition of importation; proce-
dure.
(a) In accordance with Chapter 25.
Title 18. United States Code, any
token, disk, or device in the likeness or
similitude of any coin of the United
States or of a foreign country: coun-
terfeits of coins In circulation in the
United States; counterfeited, forged.
or altered obligations or other securi-
ties of the United States" or of any
foreign government; or plates, dies, or
other apparatus which may be used In
making any of the foregoing, when
brought into the United States, shall
be seized. and delivered to the nearest
representative of the United States
Secret Service, together with a report
of the facts. for appropriate disposi-
tion.
(b) In accordance with section 504 of
title 18. United States Code, the print-
Ing, publishing, or importation or the
making or importation of the neces?
sary plates for such printing or pub-
lishing for philatelic. numismatic, edu-
cational, historical, or newsworthy
purposes in articles, books. Journals.
newspapers. or albums (but not for ad-
vertising purposes, except illustrations
of stamps and paper money in phila-
telic or numismatic advertising of le-
gitimate numismatists and dealers in
stamps or publishers of or dealers in
philatelic or numismatic articles.
books. Journals. newspapers. or
albums) of black and white illustra-
tions of canceled and uncanceled
United States postage stamps shall be
permitted.
(c) The importation (but not for ad-
vertising purposes except philatelic
advertising) of motion-picture films.
microfilms, or slides. for projection
upon a screen or for use in telecasting.
pf postage and revenue stamps and
other obligations and securities of the
United States and postage and reve-
nue stamps, notes. bonds. and other
obligations or securities of any foreign
government. bank, or corporation
shall be permitted.
(d) Printed matter of the char--ter
described in section 504, tit. 18.
United States Code." containing re-
b) The importer shall also submit to
e Commissioner of Customs within 112.45 t...nn.barr oaroduets,nd marketing of
e ultimate consignee of the ?? -
andise, showing in detail that he
id made every reasonable effort to
,termine the source of the merchan-
se and of every component thereof
id to ascertain the character of labor
fed In the production of the mer-
tandise and each of its components,
ie full results of his investigation.
A his belief with respect to the use
d
1781 or 1782, title 18, United States
Code." with respect to any imported
article comes to the attention of a dis-
trict director, he shall detain the arti?
cle and report the facts to the appro-
priate United States attorney. If the
United States attorney advises the dis-
trict director that action should be
n
f the class of labor specl(le
tiding in any stage of the production ?"ta) Whoever knowingly transports In merce or
from I the merchandise or of any Of Its coumtatln orthe United Statesa y foreign any goods.
rats. wares. or merchandise manufactured. Pro-
Cc) If
(t) It the certificate or certificates ' duced, or mined. wholly or in part by con-
ad statements specified in In Pa r&' victs or prisoners, except convicts or prison.
raphs (a) and (b) of this section are ers on parole or probation. or In any penal
ubmitted within the time prescribed or reformatory institution. shall be fined
nd the Commissioner finds that the ? not more than $1.000 or Imprisoned not
serchandise is admissible, the collet- more than chanter orabot of apply to uN.
no
ised customs that effect. whereupon be had- e cultural commodities or parts for the repair
aset hemerchandise , upon on of farm machinery. nor to commodities
hell to
hall release the manufactured in a Federal. District of Co-
1 race with the e usual l entry y re- re- lumbla. or State institution for use by the
luirem ulrements. Federal Government, or by the District of
get, 301.46 Bal. 689: 19 U.B.C. 1307) viColumbia. or sion of a State - (15 U.S.C. 1761.) subdl-State Or Political 112.11 Disposition. '?(a) All Packages containing any goods.
wares, or merchandise manufactured. Pro-
duced. to or mined wholly or In part by con-
1 12.42 may be exported at any time victs or prisoners, except convicts or prison-
3efore it is deemed to have been aban? en on parole or Probation. or In any penal
foreign com-
hosed as hereinafter provided If it or
transported In Iintersate owhen
has not been exported within coerce shall be plainly and clearly marked.
months rafter the do shall ascertain so that the name and address of the ship-
the h the director shall In 1 2.43 per, the name and address of the consignee,
whether r the proof spwithin In f time the nature of the contents. and the name
has been submitted within the time and location of the penal or reformatory In-
prescribed In that section. It the proof atltutlon where produced wholly or In part
has not been so submitted. or If the may be readily ascertained on an inspection
Commissioner of Customs advises the of the outside of such package.
district director that the proof fur. Una not Whoever than $1.000. this and any gall) be
nished does not establish the admissi. fined or merchandise t. y0. And any in olds.
WILY of the merchandise. the district wan of this reha d e section 1761 of this
itle shall be forfeited to the United States.
director shall promptly advise the im- tti or
porter in writing that the merchandise and may be seized and condemned by like
is excluded from entry. Upon the expi? proceedings as those provided by law for the
ration of 60 days after the delivery or seizure and forfeiture of Property. taw rtd
direcor,of thsuch advice by e merchandise shall be U.S.C. 1762 )) States contrary
--The term 'obligation or other security
of the United States' includes all bonds, cer-
tificates of Indebtedness. national bank cur.
rency. Federal Reserve notes. Federal Re-
serve bank notes. coupons. United States
notes. Treasury notes. gold certificates.
silver certificates. fractional notes. certifi-
cates of deposits. bills. checks. or drafts for
money. drawn by or upon authorized Offi-
cers of the United States, stamps and other
representatives of value, of whatever de-
nomination. issued under any act of Con?
grew and canceled United States stamps."
(1s U.B.C. 8.)
Notwithstanding any other provision of
this chapter. the following are permitted:
(1) The printing. publishing. or Importa-
tion. or the making or Importation of the
necessary plates for such printing or pub-
lishing. of Illustrations of:
(A) Postage stamps of the United States.
(B) Revenue stamps of the United States.
(C) Any other obligation or other security
of the United Sates. and
(D) Postage stamps. revenue stamps.
notes. bonds. and any other obligation of
other security of any foreign government.
bank. or corporation. for philatelic. numis
matte. purposes dl educational.b
thy in articles. books. Journals
newspaper. or albums (but not for advertis
Ing purposes. except illustrations of stamp:
and paper money in philatelic or numismat
Ic advertising of legitimate numismatlsu
and dealers in stamps or publlshr of of
dealers In philatelic or numismatit Ides
books. Journals. newspapers. or albums). 11
lustratlons permitted by the foregoing pro
visions of this section shall be made in ac
cordance with the following tonditions-
(I) All illustrations shall be In black am
white. except that Illustrations of postag?
stamps blued by the United States or b;
any foreign government may be in color.
oil) All Illustrations (including Illustration
of uncanceled postage stamps In color) ghat
be of a Size less than three-fourths or mor
than one and one-half. In linear dimensior
of each part of any matter so Illustrate,
which is covered by subparagraph (A). IS
(C). or (D) of this paragraph. except tha
black and white Illustrations of postage an
revenue stamps issued by the United Stale
or by any foreign government and colore
Illustrations of canceled postage sums
issued by the United States may be In it'
C.01m Y.