CHAPTER 5
PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED
I
5-1
Notes:
  • 1. This chapter does not cover:
    • (a) Edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried);
    • (b) Hides or skins (including furskins) other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (chapter 41 or 43);
    • (c) Animal textile materials, other than horsehair and horsehair waste (section XI); or
    • (d) Prepared knots or tufts for broom or brush making (heading 9603).
  • 2. For the purposes of heading 0501, the sorting of hair by length (provided the root ends and tip ends, respectively, are not arranged together) shall be deemed not to constitute working.
  • 3. Throughout the tariff schedule, elephant, hippopotamus, walrus, narwhal and wild boar tusks, rhinoceros horns and the teeth of all animals are regarded as "ivory."
  • 4. Throughout the tariff schedule, the expression "horsehair" means hair of the manes or tails of equine or bovine animals. Heading 0511 covers, inter alia, horsehair and horsehair waste, whether or not put up as a layer with or without supporting material.
Additional U.S. Notes:
  • 1.
    • (a) Except as provided in paragraphs (b) and (c) of this note, the importation of the feathers or skin of any bird is hereby prohibited. Such prohibition shall apply to the feathers or skin of any bird:
      • (i) Whether raw or processed;
      • (ii) Whether the whole plumage or skin or any part of either;
      • (iii) Whether or not attached to a whole bird or any part thereof; and
      • (iv) Whether or not forming part of another article.
    • (b) Paragraph (a) shall not apply:
      • (i) In respect of any of the following birds (other than any such bird which, whether or not raised in captivity, is a wild bird): chickens (including hens and roosters), turkeys, guineas, geese, ducks, pigeons, ostriches, rheas, English ring-necked pheasants and pea fowl;
      • (ii) To any importation for scientific or educational purposes;
      • (iii) To the importation of fully manufactured artificial flies used for fishing;
      • (iv) To the importation of birds which are classifiable under subheading 9804.00.55; and
      • (v) To the importation of live birds.
    • (c) Notwithstanding paragraph (a), there may be entered in each calendar year the following quotas of skins bearing feathers:
      • (i) For use in the manufacture of artificial flies used for fishing; (A) not more than 5,000 skins of grey jungle fowl (Gallus sonneratii), and (B) not more than 1,000 skins of mandarin duck (Dendronessa galericulata); and
      • (ii) For use in the manufacture of artificial flies used for fishing, or for millinery purposes, not more than 45,000 skins, in the aggregate, of the following species of pheasant: Lady Amherst pheasant (Chrysolophus amerstiae), golden pheasant (Chrysolophus pictus), silver pheasant (Lophura nycthemera), Reeves pheasant (Syrmaticus reevesii), blue-eared pheasant (Crossoptilon auritum) and brown-eared pheasant (Crossoptilon mantchuricum) 1Brown-eared pheasant added to the List of Endangered Foreign Fish and Wildlife, Appendix A of 50 CFR 17, Nov. 24, 1970, effective date Dec. 2, 1970 (35 F.R. 18319, 18321).
      For the purposes of these quotas, any part of a skin which has been severed shall be considered to be a whole skin.
    • (d) No article specified in paragraph (c) shall be entered except under a permit issued by the Secretary of the Interior. The Secretary of the Interior shall prescribe such regulations as may be necessary to carry out the purposes and provisions of paragraph (c) (including regulations providing for equitable allocation among qualified applicants of the import quotas established by such provisions). Whenever the Secretary of the Interior finds that the wild supply of any species mentioned in paragraph (c) is threatened with serious reduction or with extinction, he shall prescribe regulations which provide (to such extent and for such period as he deems necessary to meet such threat):
      • (i) In the case of grey jungle fowl or mandarin duck, for the reduction of the applicable import quota; or
      • (ii) In the case of any species of pheasant, for the reduction of the import quota established for pheasants, for the establishment of a subquota for such species of pheasant, or for the elimination of such species from the import quota for pheasant, or any combination thereof.
      The authority granted to the Secretary of the Interior by the preceding sentence to reduce any import quota shall include authority to eliminate such quota. 2The Secretary of Interior repealed regulations which implemented the feather import quotas contained in the Tariff Classification Act of 1962, effective on or after November 16, 1993 (58 FR 60524-60525).
    • (e) Any article of a kind the importation of which is prohibited or subjected to a quota by paragraphs (a), (b) and (c) above, and which is in the United States shall be presumed for the purposes of seizure and forfeiture to have been imported in violation of law and shall be seized and forfeited under the customs laws unless such presumption is satisfactorily rebutted; except that such presumption shall not apply to articles in actual use for personal adornment or for scientific or educational purposes. Any article so forfeited may (in the discretion of the Secretary of the Treasury and under such regulations as he may prescribe) (1) be placed with any agency of the Federal Government or of any State government, or any society or museum for exhibition or scientific or educational purposes, or (2) be destroyed.
    • (f) Nothing in this note shall be construed to repeal the provision of the act of March 4, 1913, chapter 145 (37 Stat. 847), or the act of July 3, 1918 (40 Stat. 755), or any other law of the United States, now of force, intended for the protection or preservation of birds within the United States. If on investigation by the district director of Customs before seizure, or before trial for forfeiture, or if at such trial if such seizure has been made, it shall be made to appear to the district director of Customs, or to the prosecuting officer of the Government, as the case may be, that no illegal importation of such feathers has been made, but that the possession, acquisition or purchase of such feathers is or has been made in violation of the provisions of the act of March 4, 1913, chapter 145 (37 Stat. 847), or the act of July 3, 1918 (40 Stat. 755), or any other law of the United States, now of force, intended for the protection or preservation of birds within the United States, it shall be the duty of the district director of Customs, or such prosecuting officer, as the case may be, to report the facts to the proper officials of the United States, or State or Territory charged with the duty of enforcing such laws.
Compiler's Note
The provisions of subchapter II of chapter 99 (Miscellaneous Tariff Bills or MTBs), the provisions of the Generalized System of Preferences (GSP) found in General Note 4 and most product exclusions from the additional tariffs on products of China in subchapter III of chapter 99 expired on December 31, 2020. However, no endnotes or footnotes relating to these provisions have been deleted as of the issue date of this edition.

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