PART 147—TRADE FAIRS Authority: 19 U.S.C. 66, 1623, 1624, 1751-1756, unless otherwise noted. Source: T.D. 70-134, 35 FR 9268, June 13, 1970, unless otherwise noted. § 147.0 Scope. This part governs the entry of merchandise intended for exhibition or for use in constructing, installing, or maintaining foreign exhibits at trade fairs which have been so designated by the Secretary of Commerce. It also contains provisions concerning Customs supervision of the merchandise, and the disposition of the merchandise after the fair has closed. The entry of articles which may be admitted free of duty under other provisions of this chapter may be governed by those provisions rather than the regulations in this part. Subpart A—General Provisions § 147.1 Definitions. The following are general definitions for the purposes of part 147: (a) The Act. (b) Fair. (c) Fair operator. (d) Port. (e) Closing date. (f) Articles for a fair. (1) Actual exhibit items; (2) Pamphlets, brochures, and explanatory material in reasonable quantities relating to foreign exhibits at a fair; (3) Material for use in constructing, installing, or maintaining foreign exhibits at a fair. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 82-145, 47 FR 35478, Aug. 16, 1982] § 147.2 Articles which may be entered for a fair. (a) General. (1) In a foreign-trade zone; or (2) Imported for exhibition under Chapter 98, Subchapter XII, Harmonized Tariff Schedule of the United States; or (3) In continuous Customs custody, including but not limited to articles: (i) Imported or brought into the United States for the purpose of direct entry at a particular fair; (ii) In Customs bonded warehouses; (iii) Unentered under the Customs laws and held in general order pending entry or exportation; (iv) On exhibition at another fair designated by the Secretary of Commerce. (b) Exception. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 89-1, 53 FR 51263, Dec. 21, 1988] § 147.3 Bond required. The fair operator shall file a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter in such amount as the port director requires. Liquidated damages shall be assessed by the port director under the bond if payments required by §§ 147.33, 147.41 or 147.43 are not paid upon demand. [T.D. 84-213, 49 FR 41186, Oct. 19, 1984] Subpart B—Procedure for Importation § 147.11 Entry. (a) Made in name of fair operator. (b) Merchandise arriving at port other than port of the fair. (c) Form of entry. Entry for Exhibition Entry No. ____________ Entry at the port of ________________________ of articles consigned or transferred to ________________________ (Fair operator) under ________________________ I.T. No. ________________________ ex S.S. ________________________ from ________________________ on the ____________ day of __________________, 19____, for exhibition purposes under the Trade Fair Act of 1959. Mark Number Package and contents Quality Invoice value (Fair operator) By (d) Supersedes previous entry. § 147.12 Invoices. Articles intended for a fair under the provisions of the Act are subject to the invoice requirements of subpart F, part 141 of this chapter. (R.S. 251, as amended, secs. 481, 484, 624, 46 Stat. 719, 722, as amended, 759 (19 U.S.C. 66, 1481, 1484, 1624)) [T.D. 85-39, 50 FR 9612, Mar. 11, 1985] § 147.13 Transfer to fair building. (a) Immediate delivery. (b) After entry. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 73-175, 38 FR 17470, July 2, 1973] § 147.14 Articles not to be immediately entered and delivered to a fair. (a) Placed in bonded warehouses. (b) Entry within 1 year. (c) Abandonment. § 147.15 Tentative appraisement. All articles entered for a fair shall be tentatively appraised prior to exhibition or use. Subpart C—Requirements of Other Laws § 147.21 Marking under the Tariff Act of 1930. The marking requirements of the Tariff Act of 1930, as amended, and the regulations thereunder will not apply to articles for a fair, except, when such articles are entered for consumption. When entered for consumption, such articles shall be released from Customs custody only upon a full compliance with these marking requirements. § 147.22 Compliance with the internal revenue laws and Federal Alcohol Administration Act. The packaging, marking, and labeling requirements of the internal-revenue laws, and the Federal Alcohol Administration Act (27 U.S.C. 201 to 212), will not apply to articles entered under this part, but any article failing to comply with such requirements shall be conspicuously marked prior to exhibition “Not labeled or packaged as required by law—not for sale.” When any such article is withdrawn for consumption, it shall be released from Customs custody only upon a full compliance with such packaging, marking, and labeling requirements. § 147.23 Compliance with Plant Quarantine Act and Federal Food, Drug, and Cosmetic Act. (a) Plant Quarantine Act. (b) Federal Food, Drug, and Cosmetic Act. et seq.), § 147.24 Merchandise subject to licensing. Merchandise, the importation of which is subject to the licensing regulations of any agency of the U.S. Government, may be entered for a fair only upon the presentation of the required license, or a waiver of such license. Subpart D—Customs Supervision § 147.31 Articles to be kept separate. Articles for exhibit at a fair shall be segregated from domestic articles and from imported articles entered under the provisions of the general Customs laws and released from Customs custody. § 147.32 Detail of officers to protect the revenue. The Center director shall detail an officer to act as his representative at the fair and shall station inside the buildings as many additional Custom officers and employees as may be necessary to properly protect the revenue. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by CBP
Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] § 147.33 Reimbursement by fair operator. All actual and necessary charges for labor, services, and other expenses in connection with the entry, examination, appraisement, custody, abandonment, destruction, or release of articles entered under the regulations of this part, together with the necessary charges for salaries of Customs officers and employees in connection with the accounting for, custody of, and supervision over, such articles, shall be reimbursed by the fair operator to the Government, payment to be made to CBP, either at the port of entry or electronically, on the port director's or Center director's demand made before January 19, 2017 or on the Center director's demand made on or after January 19, 2017, for deposit to the appropriation from which paid. [CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] Subpart E—Disposition of Articles Entered for Fairs § 147.41 Removal or disposition pursuant to regulation. Articles for a fair entered under this part shall not be removed from the fair premises, or otherwise disposed of, except in accordance with this subpart. The fair operator shall be liable for the payment of any unpaid duty, tax, fees, charges, or exaction due on any article removed from the fair premises or disposed of contrary to this subpart, including any article lost or stolen regardless of the fair operator's fault. The payment shall be made on the Center director's demand to CBP, either at the port of entry or electronically. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49 FR 41186, Oct. 19, 1984; CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] § 147.42 Disposition generally. (a) Kinds of disposition. (b) Appraisement. (c) Period for performance of certain acts. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 70-181, 35 FR 13436, Aug. 22, 1970] § 147.43 Entry under the Customs laws. (a) Payment of duties and taxes. (b) Person to make entry. § 147.44 Entry for another fair. Articles entered for a fair which are to be entered for another fair under the provisions of this part shall be retained in continuous Customs custody. § 147.45 Merchandise from a foreign-trade zone. Articles entered for a fair from a foreign-trade zone status of “zone-restricted merchandise” can afterwards be entered for consumption from a fair if the Foreign-Trade Zones Board has approved the entry for consumption as being in the public interest. Articles entered in the above manner are subject to the provisions of subheading 9801.00.70, if aircraft, or subheading 9801.00.80, if not aircraft, unless excluded by U.S. Note 1(c), Chapter 98, Subchapter I, Harmonized Tariff Schedule of the United States. (R.S. 251, as amended; secs. 1-21, 48 Stat. 998, 999, as amended; 1000, 1002, as amended, 1003, 77A Stat. 14, sec. 624, 46 Stat. 759 (19 U.S.C 66, 81a-81u, 1202 (Gen, Hdnt. 11)1624)) [T.D. 83-240, 48 FR 53098, Nov. 24, 1983, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988] § 147.46 Voluntary abandonment or destruction. At any time before or within 3 months after the closing date of the fair any article entered for a fair may be abandoned to the Government or destroyed under Customs supervision, upon compliance with § 158.43 of this chapter. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 72-258, 37 FR 20174, Sept. 27, 1972] § 147.47 Mandatory abandonment. Any article entered for a fair, and not disposed of under the provisions of this subpart prior to the expiration of 3 months after the close of the fair shall be regarded as abandoned to the Government, and subject to sale or destruction. Proceeds of sale shall be disposed of in the manner provided in sections 491, 492, and 493, Tariff Act of 1930, as amended, and the regulations thereunder. (See subpart D of part 127 of this chapter.) Any duties or internal revenue taxes on such article shall be computed on the basis of its condition and quantity at the time it becomes subject to sale. [T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 74-114, 39 FR 12095, Apr. 3, 1974]