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April 2001
IN THIS ISSUE

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CUSTOMS NEWS

Plan underway to protect dogs and cats

By Lindy J. Perkes, Writer-Editor, Office of Field Operations

Last year, Customs was mandated, under the "Dog and Cat Protection Act of 2000," to formulate an enforcement plan to stop the import and export of merchandise containing dog or cat fur obtained inhumanely. This stemmed from an 18-month undercover investigation by The Humane Society of the United States (HSUS) that found widespread slaughter and sometimes "live" skinning of domestic dogs and cats for their fur. As a result of this investigation, the Dog and Cat Protection Act of 2000 was enacted as part of the Tariff and Trade Suspension Act of 2000, signed in November 2000.

The investigation traced manufacturing sites of these products to China and other parts of Asia, which commonly export products to prominent U.S. retailers, airports, and mall novelty stores. According to Wayne Pacelle, HSUS Senior Vice President for Communications and Government Affairs, "… dog and cat fur products are often unlabeled or mislabeled to disguise their species content so that American consumers and retailers will not realize what they are buying." It can take up to 10 to 12 dogs - more if puppies are used - or 24 cats killed to make just one coat, which then is sold under names like Gae-wolf, Sobaki, or Asian jackal.

Photo of a jacket from which the trim of the jacket is identified on the label as quot;Mongolia dog fur.quot;
The trim of the jacket is identified on the label as "Mongolia dog fur."

As a multifaceted intervention strategy, Customs plans to analyze import records, examine cargo, and use intelligence, which focuses on ports of entry, importers, manufacturers, and high-risk countries like (but not limited to) China, Hong Kong, Korea, and Thailand. This will concentrate efforts on merchandise that is most likely to contain dog or cat fur; principally that of outerwear, gloves, and articles of fur skin identified under "wearing apparel" in the Harmonized Tariff Schedule of the United States. If suspected to contain dog or cat fur, a sample will be forwarded to a Customs laboratory for analysis and review.

A reward of $500 for any information that leads to the successful prosecution for violations of this law has been established. For more information about this Act and the timetable for its enforcement, contact the Office of Field Operations, Trade Programs, at (202) 927-0300.

Violators of the Act can be penalized up to $10,000 for each item containing the dog or cat fur. Repeat violators may be barred from importing, exporting, transporting, distributing, manufacturing, or selling any fur products in the United States. Customs will publish a list of businesses and individuals against whom a final administrative determination with respect to the assessment of a civil penalty for a knowing and intentional or a grossly negligent violation has been made.

All of the Customs laboratory scientific staff is being trained, and standard tests are being established to accurately identify dog or cat fur in a wide range of products. Although the Customs laboratory system has a long history of fiber analysis, Ira Reese, Acting Director of Customs Laboratories and Scientific Services, says, "The differentiation of dog and cat fur from other natural and synthetic fibers has never been a requirement. In order to meet stringent court Daubert requirements, Customs laboratory system is laying a strong foundation of training and methodology development in this area." Daubert is a general set of admissibility standards used on evidence for courts called the "Federal Rules of Evidence."

To ensure that Customs forensic microscopists understand and follow the strict guidelines required for court admissibility on Daubert data, Reese says, "Customs has contracted one of the world's top forensic fiber analysts to lead the training. The in-depth training allows Customs analysts to properly answer voir dire (level of expertise) and Daubert challenges if any of the seizures lead to courtroom activity." Long-range plans may eventually employ DNA test methods to differentiate dog and cat fur and other dog and cat products.

To implement the Act's enforcement requirements, Customs will propose to amend 19 Code of Federal Regulations 151.12 (Accreditation of Commercial Laboratories by Customs) to accredit commercial laboratories to perform dog and cat fur testing. The Office of Regulations and Rulings is working with Laboratories and Scientific Services to combine the new requirements into the established accreditation regulations.

According to Reese, "Companies trading in fur products can use Customs accredited testing laboratories to verify that dog and cat products are not present in their merchandise." This lets importers demonstrate to Customs that they have taken "due diligent care" in entering their products and are not penalized for unknowingly entering articles in violation of the Act.

Outreach materials about the Dog and Cat Protection Act of 2000 and Customs enforcement will be distributed through a variety of mediums. The objective is to explain the purpose for the enforcement and the scope of the injustice against these defenseless animals.

A reward of $500 for any information that leads to the successful prosecution for violations of this law has been established. For more information about this Act and the timetable for its enforcement, contact the Office of Field Operations, Trade Programs, at (202) 927-0300.


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