(a) Release. No food, drug, device, cosmetic , tobacco product, pesticide, hazardous substance or dangerous caustic or corrosive substance that is the subject of Sec. 12.1 will be released except in accordance with the laws and regulations applicable to the merchandise. When any merchandise that is the subject of Sec. 12.1 is to be released under bond pursuant to regulations applicable to that merchandise, a bond on Customs Form 301, containing the bond conditions set forth in Sec. 113.62 of this chapter, will be required.
(b) Bond amount. The bond referred to in paragraph (a) of this section must be in a specific amount prescribed by the port director based on the circumstances of the particular case that is either:
(1) Equal to the domestic value (see Sec. 162.43(a) of this chapter) of the merchandise at the time of release as if the merchandise were admissible and otherwise in compliance; or
(2) Equal to three times the value of the merchandise as provided in Sec. 113.62(m)(1) of this chapter.
(c) Liquidated damages. Whenever liquidated damages arise with regard to any food, drug, device or cosmetic subject to Sec. 12.1(a) for failure to redeliver merchandise into Customs custody or for failure to rectify any noncompliance with the applicable provisions of admission, including the failure to export or destroy the merchandise within the time period prescribed by law after the merchandise has been refused admission pursuant to the provisions of the Food, Drug and Cosmetic Act, those liquidated damages will be assessed pursuant to Sec. 113.62(m)(1) of this chapter in the amount of the bond prescribed under paragraph (b) of this section. [T.D. 01-26, 66 FR 16853, Mar. 28, 2001; CBP Dec. 08-46, 73 FR 71780, Nov. 25, 2008; CBP Dec. 10-29, 75 FR 52451, Aug. 26, 2010]