21.4 Importing Merchandise Illegally (18 U.S.C. § 545)

            The defendant is charged in [Count _______ of] the indictment with [[fraudulently] [knowingly]] [[importing] [bringing]] into the United States merchandise in violation of Section 545 of the United States Code.  For the defendant to be found guilty of that charge, the government must prove beyond a reasonable doubt that the defendant [[fraudulently] [knowingly]] [[imported] [brought]] merchandise into the United States contrary to [specify law].  

Comment 

            This instruction deals with the first clause of the second paragraph of 18 U.S.C. § 545.  If the charge is a violation of the second clause of the second paragraph, use Instruction 21.5 (Receiving, Concealing, Buying or Selling Smuggled Merchandise).  Instructions 21.1 (Smuggling or Attempting to Smuggle Goods) and 21.3 (Passing or Attempting to Pass False Papers Through Customhouse) deal with violations of the first paragraph of § 545. 

            The term “law” in § 545 includes a regulation as well as a statute, but only when there is a statute that specifies that a violation of the regulation is a crime.  United States v. Alghazouli, 517 F.3d 1179, 1183 (9th Cir. 2008). 

            See United States v. Garcia-Paz, 282 F.3d 1212, 1214-15 (9th Cir. 2002) (court properly instructed jury that marijuana constitutes “merchandise” for purposes of 18 U.S.C. § 545).