Re: Tariff, laws, through the looking glass

[Guest guest]

On Tue, 07 Dec 2004 23:21:36 -0500, you wrote:

> I'm terribly confused. Aside from the ethical issue of using animal

> products, which many of us address, in doing a quick google I found:

> http://63.173.254.11/tariff_chapters_2003/0310C05.PDF

>

> Page 5, sec. 0510.00 covers tariff fees on ambergris, musk, etc.

I'm not surprised. I think if you search for certain drugs, you will also find

tariffs. Just because you have tariffs, does not mean it's legal to use or

import. It's just a way to excise another penalty for illegal importation, one

more count. It's like having to pay tax on illegal gambling, or having to buy

tax stamps on narcotics.

I do seem to recall that you can import such items for documented purposes,

whatever they may be. But in any event, these have been removed from all (well

maybe too strong a word, as someone somewhere may be importing a finished

product with some ambergris) . . . perfume products. Hey, listen, it's a good

excuse to remove an expensive product, and make more profit.

-= ß =-

_______________________________________________________

[Guest guest]

Tariff, laws, through the looking glass

I'm terribly confused. Aside from the ethical issue of using animal

products, which many of us address, in doing a quick google I found:

http://63.173.254.11/tariff_chapters_2003/0310C05.PDF

ttp://anyamccoy.com

" Nature and Nature's law lay hid in night;

God said " Let Tesla Be " and all was light. "

Hi Anya,

FYI I could not access the url. The next time you have a burst of energy could

you re post it? Thanks for taking all the time and energy to let us have this

important dialogue. I personally had no idea this could be such a loaded issue.

I also did not know that the harvesting of ambergris was in the same category

as civet musk as a cruel way to come by an animal product.. My limited

information told me that it was a rarity because it was found floating on the

seas or on beaches. I certainly am eager to obtain as much information as

possible.

Thanks again for all you time and trouble.

Jane

[Guest guest]

At 10:43 AM 12/8/2004, you wrote:

>Hi Anya,

>

>FYI I could not access the url. The next time you have a burst of energy

>could you re post it?

Perhaps you don't have Adobe Acrobat to read it? For those that don't, and

because the link to the HTML version is garbled, I c/p it here for you:

This is the html version of the file

<http://63.173.254.11/tariff_chapters_2003/0310C05.PDF>http://63.173.254.11/tari\

ff_chapters_2003/0310C05.PDF.

G o o g l e automatically generates html versions of documents as we crawl

the web.

To link to or bookmark this page, use the following url:

http://www.google.com/search?q=cache:jFbMMvZRxHoJ:63.173.254.11/tariff_chapters_\

2003/0310C05.PDF+ambergris+illegal+tariff+harmonized+2003 & hl=en%20target=nw

Google is not affiliated with the authors of this page nor responsible for

its content.

These search terms have been highlighted: ambergris illegal tariff

harmonized 2003

----------

Page 1

Harmonized Tariff Schedule of the United States (2003) – Supplement 1

Annotated for Statistical Reporting Purposes

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);

(

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);

©

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.

Additional U.S. Note

1. (a)

Except as provided in paragraphs ( and © 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.

(

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.

©

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 ( 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).1/

For the purposes of these quotas, any part of a skin which has been severed

shall be considered to be a whole skin.

1/ Brown-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).

----------

Page 2

Harmonized Tariff Schedule of the United States (2003) – Supplement 1

Annotated for Statistical Reporting Purposes

I

5-2

(d)

No article specified in paragraph © 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 ©

(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 © 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.

(e)

Any article of a kind the importation of which is prohibited or subjected

to a quota by paragraphs (a), ( and © 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.

----------

Page 3

Harmonized Tariff Schedule of the United States (2003) – Supplement 1

Annotated for Statistical Reporting Purposes

I

5-3

Heading/ Stat.

Unit

Rates of Duty

Subheading Suf- Article Description

of

1

2

fix

Quantity

General

Special

0501.00.00 00 Human hair, unworked, whether or not washed or scoured;

waste of human hair . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . kg . . . . . 1.4%

Free (A,CA,E,IL,J, 20%

JO,MX)

0502

Pigs', hogs' or boars' bristles and hair; badger hair and

other brushmaking hair; waste of such bristles or hair:

0502.10.00 00

Pigs', hogs' or boars' bristles and hair and waste

thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . kg . . . . . 0.8¢/kg

Free (A,CA,E,IL,J, 6.6¢/kg

JO,MX)

0502.90.00 00

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . kg . . . . . Free

Free

0503.00.00 00 Horsehair and horsehair waste, whether or not put up as a

layer with or without supporting material . . . . . . . . . . . . . . . kg

.. . . . . Free

Free

0504.00.00

Guts, bladders and stomachs of animals (other than fish),

whole and pieces thereof, fresh, chilled, frozen, salted, in

brine, dried or smoked 1/ . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . Free

Free

Prepared for use as sausage casings:

20

Hog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. kg

40

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

60

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . kg

0505

Skins and other parts of birds, with their feathers or down,

feathers and parts of feathers (whether or not with trimmed

edges) and down, not further worked than cleaned,

disinfected or treated for preservation; powder and waste

of feathers or parts of feathers:

0505.10.00

Feathers of a kind used for stuffing; down . . . . . . . . . . . . . . . .

.. . . Free

20%

Meeting both test standards 4 and 10.1 of Federal

Standard 148a promulgated by the General

Services Administration:

50

Feathers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

55

Down . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

Other:

60

Feathers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

65

Down . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

0505.90

Other:

0505.90.20

Feather meal and waste . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . 2.3%

Free (A,CA,E,IL,J, 20%

JO,MX)

20

Feather meal . . . . . . . . . . . . . . . . . . . . . . . . . . kg

40

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

0505.90.60 00

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

kg . . . . . Free

20%

0506

Bones and horn-cores, unworked, defatted, simply pre-

pared (but not cut to shape), treated with acid or

degelatinized; powder and waste of these products:

0506.10.00 00

Ossein and bones treated with acid . . . . . . . . . . . . . . . kg . . . .

.. Free

Free

0506.90.00

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . . . . Free

Free

20

Bones, crude, steamed or ground . . . . . . . . . . . . . kg

40

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

0507

Ivory, tortoise-shell, whalebone and whalebone hair, horns,

antlers, hooves, nails, claws and beaks, unworked or

simply prepared but not cut to shape; powder and waste

of these products:

0507.10.00 00

Ivory; ivory powder and waste . . . . . . . . . . . . . . . . . . . kg . .

.. . . Free

Free

0507.90.00

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . . . . Free

Free

10

Velvet antler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

90

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

1/ See subheading 9903.02.40.

----------

Page 4

Harmonized Tariff Schedule of the United States (2003) – Supplement 1

Annotated for Statistical Reporting Purposes

I

5-4

Heading/ Stat.

Unit

Rates of Duty

Subheading Suf- Article Description

of

1

2

fix

Quantity

General

Special

0508.00.00 00 Coral and similar materials, unworked or simply prepared

but not otherwise worked; shells of molluscs, crustaceans

or echinoderms and cuttlebone, unworked or simply

prepared but not cut to shape, powder and waste thereof . kg . . . . . Free

Free

0509.00.00 00 Natural sponges of animal origin . . . . . . . . . . . . . .

.. . . . . . kg . . . . . 3%

Free (A+,CA,D,E, 15%

IL,J,JO,MX)

0510.00

Ambergris, castoreum, civet and musk; cantharides; bile,

whether or not dried; glands and other animal products

used in the preparation of pharmaceutical products, fresh,

chilled, frozen or otherwise provisionally preserved:

0510.00.20 00

Ambergris, castoreum, civet and musk . . . . . . . . . . . . kg . . . . . 5.1%

Free (A,CA,E,IL,J, 20%

MX)

1.2% (JO)

0510.00.40

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . . . . Free

Free

10

Pancreas glands . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

20

Bile and other animal secretions . . . . . . . . . . . . . . . kg

40

Cantharides; glands (other than pancreas), organs

and other animal products used in the preparation

of pharmaceutical products . . . . . . . . . . . . . . . . . . kg

0511

Animal products not elsewhere specified or included; dead

animals of chapter 1 or 3, unfit for human consumption:

0511.10.00

Bovine semen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . . Free

10%

10

Dairy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. doses

90

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

doses

Other:

0511.91.00 00

Products of fish or crustaceans, molluscs or other

aquatic invertebrates; dead animals of chapter 3 . . kg . . . . . Free

Free

0511.99

Other:

0511.99.20 00

Parings and similar waste of raw hides or skins;

glue stock not elsewhere specified or

included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg . .

.. . . Free

Free

0511.99.30

Products chiefly used as food for animals or as

ingredients in such food . . . . . . . . . . . . . . . . . . . . . . . . .

.. . Free

10%

30

Antarctic krill (Euphausia superba) . . . . . . . kg

60

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

0511.99.40

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . 1.1%

Free (A,CA,E,IL,J, 10%

JO,MX)

Cattle embryos:

24

Dairy cattle . . . . . . . . . . . . . . . . . . . . . . No.

28

Other cattle . . . . . . . . . . . . . . . . . . . . . . No.

30

Dried blood . . . . . . . . . . . . . . . . . . . . . . . . . X

40

Other animal semen . . . . . . . . . . . . . . . . . . doses

70

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

> Thanks for taking all the time and energy to let us have this important

> dialogue. I personally had no idea this could be such a loaded

> issue. I also did not know that the harvesting of ambergris was in the

> same category as civet musk as a cruel way to come by an animal

> product.. My limited information told me that it was a rarity because

> it was found floating on the seas or on beaches. I certainly am eager to

> obtain as much information as possible.

As just mentioned in her post, we've rarely discussed animal

products on this group. It was coincidental to the nth degree that is came

up when Chrissie, a well-known champion of endangered species (specifically

plant-based) joined the group. Behind the scenes, she and I had a bit of a

friendly, yet intense meltdown trying to hash it out. I kept telling her

the group was friendly, not geared towards animal abuse, etc., and now she

sees how it is all working out. In the end, as I told her, it will be

educational and eye-opening for us all, and it has been. Education and the

friendly, helpful exchange of ideas are the goals of this group. So many

have had our eyes opened towards the sandalwood, agarwood, rosewood and

Atlas cedar issues, among others. This is the latest, and only good can

come of it.

>Thanks again for all you time and trouble.

It's been wild and wooly, but I muddled through. Thanks for the thanks, LOL.

Anya

http://anyamccoy.com

" Nature and Nature's law lay hid in night;

God said " Let Tesla Be " and all was light. "