US Import Regulations

The importation of certain classes of merchandise may be prohibited or restricted by the United States to protect the economy and security of the country, to safeguard consumer health and the well-being of it's population, and to preserve domestic plant and animal life. Some commodities are also subject to an import quota or a restraint under bilateral trade agreements and arrangements.

Many of these prohibitions and restrictions on importations are subject, in addition to U.S. Customs Service requirements, to the laws and regulations administered by other United States Government agencies with which the U.S. Customs Service cooperates in the enforcement of these laws and regulations. These laws and regulations may, for example, prohibit entry; limit entry to certain ports; restrict routing, storage, or use; or require treatment, labeling, or processing as a condition of release. Customs clearance is given only if these various additional requirements are met. This applies to all types of importations, including those made by mail and those placed in foreign-trade zones.

The foreign exporter should make certain that the United States importer has provided proper information to (1) permit the submission of necessary information concerning packing, labeling, etc., and (2) that necessary arrangements have been made by the importer for entry of the merchandise into the United States.

It may be impracticable to list all articles specifically; however, various classes of articles are discussed below. Foreign exporters and U.S. importers should consult the agency mentioned for detailed information and guidance, as well as for any changes to the laws and regulations under which the commodities are controlled.

AGRICULTURAL COMMODITIES

1. Cheese, Milk, and Dairy Products. Cheese and cheese products are subject to the requirements of the Food and Drug Administration and the Department of Agriculture. Most importations of cheese require an import license and are subject to quotas administered by the Department of Agriculture, Foreign Agricultural Service, Washington, D.C. 20250.

The importation of milk and cream is subject to requirements of the Food, Drug and Cosmetic Act and the Import Milk Act. These products can be imported only by obtaining permits from the Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Labeling (HFS-156), 200 C Street, N.W., Washington, D.C. 20202; and the Department of Agriculture.

2. Fruits, Vegetables, and Nuts. Certain agricultural commodities (including fresh tomatoes, avocados, mangoes, limes, oranges, grapefruit, green peppers, Irish potatoes, cucumbers, eggplants, dry onions, walnuts and filberts, processed dates, prunes, raisins, and olives in tins) must meet United States import requirements relating to grade, size, quality, and maturity (7 U.S.C. 608(e). Inquiries on general requirements should be made to the Agricultural Marketing Service of the Department of Agriculture, Washington, D.C. 20250. Additional restrictions may be imposed by the Animal and Plant Health Inspection Service (APHIS) of that department, Washington, D.C. 20782, under the Plant Quarantine Act, and by the Food and Drug Administration, Division of Import Operations and Policy (HFC-170), 5600 Fishers Lane, Rockville, Md. 20857, under the Federal Food, Drug and Cosmetic Act.

3. Insects. Insects in a live state which are injurious to cultivate crops (including vegetables, field crops, bush fruit, and orchard, forest, or shade trees) and the eggs, pupae, or larvae of such insects are prohibited for importation, except for scientific purposes, under the regulations prescribed by the Secretary of Agriculture.

All packages containing live insects or their eggs, pupae, or larvae, which are not injurious to crops or trees, are allowed to enter the United States only if covered by a permit issued by the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture and are not prohibited by the U.S. Fish and Wildlife Service.

4. Livestock and Animals. Inspection and quarantine requirements of the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture must be met for the importation of (1) all cloven-hoofed animals, such as cattle, sheep, deer, antelope, camels, giraffes; (2) swine including the various varieties of wild hogs and the meat from such animals; (3) horses, asses, mules, and zebras; (4) animal by-products, such as untaned hides, wool, hair, bones, bone-meal, animal casings, glands, organs, extracts, or secretions of ruminants and swine; (5) animal germ-plasm, including embryos and semen; and (6) hay and straw. A permit for importation must be obtained from that agency before shipping from the country of origin.

In addition, all animal imports must be accompanied by a health certificate. Entry procedures for livestock and animals from Mexico and Canada are not as rigorous as those for animals from other countries. Entry of animals is restricted to cetain ports which are designated as quarantine stations. A special offshore, high-security facility, the Harry S. Truman Animal Import Center, has been established at Key West, Florida, so that livestock can be safely quarantined when imported from countries affected with foot and mouth disease (FMD) or other serious animal diseases that do not occur in the United States.

5. Meat and Meat Products. All commercial shipments of meat and meat food products (derived from cattle, sheep, swine, goats, and horses) offered for entry into the United States are subject to the regulations of the Department of Agriculture and must be inspected by the Animal and Plant Health Inspection Service (APHIS) and the Food Safety and Inspection Service of that department prior to release by U.S. Customs. Meat products from other sources (including, but not limited to wild game) are subject to APHIS regulations and the provisions of the Federal Food, Drug, and Cosmetics Act, which is enforced by the Food and Drug Administration.

6. Plant and Plant Products. The importation of plants and plant products is subject to the regulations of the Department of Agriculture and may be restricted or prohibited. Plants and plant products include fruits, vegetables, plants, nursery stock, bulbs, roots, seeds, certain fibers including cotton and broomcorn, cut flowers, sugarcane, certain cereals, elm logs and elm lumber with bark attached. Import permits are required. Further information should be obtained from the Animal and Plant Health Inspection Service (APHIS). Also, certain endangered species of plants may be prohibited or require permits or certificates. The Food and Drug Administration also regulates plant and plant products, particularly fruits and vegetables.

7. Poultry and Poultry Products. Poultry, live, dressed, or canned; eggs, including eggs for hatching; and egg products are subject to the requirements and regulations of the Animal and Plant Health Inspection Service (APHIS) and the Food Safety and Inspection Service of the Department of Agriculture.

Except for live poultry and poultry products entering through land ports from Canada, permits are required, as well as special marking and labeling; and in some cases, foreign inspection certification. The term "poultry" is defined as any live or slaughtered domesticated bird, e.g., chickens, turkeys, ducks, geese, swans, partriges, guinea fowl, pea fowl, non-migratory ducks, pigeons, and doves. Other birds (e.g., commercial, domestic, or pen-raised grouse, pheasants and quail, and migratory birds) as well as certain egg products are subject to APHIS regulations and to the provisions of the Federal Food, Drug, and Cosmetics Act, enforced by the Food and Drug Administration. Inquiry should also be made to the Fish and Wildlife Service, Washington, D.C. 20240, about their import requirements, restrictions, and prohibitions.

8. Seeds. The importation into the United States of agricultural and vegetables seeds and screenings is governed by the provisions of the Federal Seed Acto 1939 and regulations of the Agricultural Marketing Service, Department of Agriculture. Shipments are detained pending the drawing and testing of samples.

ARMS, AMMUNITION, AND RADIOACTIVE MATERIALS

9. Arms, Ammunition, Explosives, and Implements of War. These items are prohibited for importation except when a license is issued by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury, Washington, D.C. 20226, (202) 927-8320, or the importation is in compliance with the regulations of that department. The temporary importation, in-transit movement, and exportation of arms and ammunition is prohibited unless a license is issued by the Office of Defense Trade Controls, Department of State, Washington, D.C. 20520. Any questions about exporting shotguns should be referred to the U.S. Department of Commerce, Exporter Assistance Staff, Washington, D.C. 20230.

10. Radioactive Materials and Nuclear. Many radioisotopes, all forms of uranium, thorium, and plutonium, and all nuclear reactors imported into the United States are subject to the regulations of the Nuclear Regulatory Commission in addition to import regulations imposed by any other agency of the United States. Authority to import these commodities or articles containing these commodities requires a license from the Nuclear Regulatory Commission, Washington, D.C. 20555.

Radioisotopes and radioactive sources intended for medical use are subject to the provisions of the Federal Food, Drug, and Cosmetic Act, which is enforced by the Food and Drug Administration.

In order to comply with Nuclear Regulatory Commission requirements, the importer must be aware of the identity and amount of any NRC-controlled radioisotopes, or uranium, thorium, and plutonium, and of any nuclear reactor being imported into the United States. To assure passage through Customs, the importer must demonstrate to U.S. Customs which Nuclear Regulatory authority the controlled commodity is being imported under. The authority cited may be the number of a specific or general license, or the specific section of the Nuclear Regulatory Commission regulations which establishes a general license or grants an exemption to the regulations. The foreign exporter may save time for the prospective importer by furnishing him complete information concerning the presense of NRC-controlled commodities in U.S. importation.

CONSUMER PRODUCTS-ENERGY CONSERVATION

11. Household appliances. The Energy Policy and Conservation Act, as ammended calls for energy standards for household consumer appliances and for labeling them to indicate expected energy or secretions of consumption. The Department of Energy, Office of Codes and Standards, Washington, D.C. 20585, is responsible for test procedures and energy performance standards. The Federal Trade Commission, Division of Enforcement, Washington, D.C. 20580, regulates the labeling of these appliances. The Act covers the following consumer products: (1) refrigerators and refrigerator-freezers; (2) freezers; (3) dishwashers; (4) clothes dryers; (5) water heaters: (6) room air conditioners; (7) home heating equipment, not including furnaces; (8) kitchen ranges and ovens; (9) clothes washers; (10) humidifiers and dehumidifiers; (11) central air conditioners; (12) furnaces; (13) certain other types of household consumer appliances, as appropriate.

Importation of these products must comply with the applicable Department of Energy and Federal Trade Commission requirements. Importers should contact these agencies for requirements which will be in effect at the time of anticipated shipment. It should be noted that not all appliances are covered by requirements of both agencies.

CONSUMER PRODUCTS-SAFETY

Any consumer product offered for importation will be refused admission if the product fails to comply with an applicable consumer product safety rule, specified labeling or certification requirements, or is determined to be a hazardous product or contain a product defect which constitutes a substantial product hazard.

12. Flammable Fabrics. Any article of wearing apparel or interior furnishing, or any fabric or related material which is intended for use or which may be used in wearing apparel or interior furnishing cannot be imported into the United States if it fails to conform to an applicable flammability standard isued under Section 4 of the Flammable Fabrics Act. This Act is administered by the by the U.S. Consumer Product Safety Commission, Washington, D.C. 20207. Certain products can be imported into the United States as provided in Section 11(c) of the Act for the purpose of finishing or processing to render such products not so highly flammable as to be dangerous when worn by individuals, provided that the exporter state, on the invoice or other paper relating to the shipment, that the shipment is being made for that purpose. The provisions of the Flammable Fabrics Act apply to products manufactured in the United States as well as to imported products.

ELECTRONIC PRODUCTS

13. Radiation-Producing Products, Including Sonic Radiation. Television receivers, cold-cathode gas discharge tubes, microwave ovens, cabinet and diagnostic X-ray equipment and devices, laser products, ultrasound generating equipment, sunlamps, and other electronic products for which there are radiation performance standards are subject to the Radiation Control for Health and Safety Act of 1968. An electronic product imported for sale or use in the United States for which there is a radiation performance standard may be imported only if there is filed with each importation an importer's entry notice (Form FD 701) and an electronic product declaration (Form FD 2877), both of which are issued by the Food and Drug Administration, Center for Devices and Radiological Health, Rockville, MD 20850.

The declaration must describe the compliance status of the product. the importer must affirm that the product was (1) manufactured prior to the effective date of the applicable Federal standard; or (2) complies with the standard and has a label affixed by the manufacturer certifying compliance; or (3) does not comply with the standard but is being imported only for purposes of research, investigation, study, demonstration, or training; or (4) does not now comply with the standard but will be brought into compliance. The provisions of the Radiation Control for Health and Safety Act apply to electronic products manufactured in the United States, as well as to imported products.

14. Radio Frequency Devices. Radios, tape recorders, stereos, televisions, citizen band radios or combinations thereof, and other radio frequency devices are subject to radio emission standards of the Federal Communications Commission, Washington, D.C. 20554, (202) 418-1170, under the Communications act of 1934, as amended. Importations of such products may be accompanied by an FCC declaration (FCC 740) certifying that the imported model or device is in conformity with, will be brought into conformity, or is exempt from, the Federal Communication Commissions requirements.

FOOD, DRUGS, COSMETICS AND MEDICAL DEVICES

15. Foods, Cosmetics, Etc. The importation into the United States of food, beverages, drugs, devices, and cosmetics is governed by the provisions of the Federal Food, Drug, and Cosmetics Act, which is administered by the Food and Drug Administration of the Department of Health and Human Services, Rockville, MD. 20857. That Act prohibits the importation of articles that are adulterated or misbranded including products that are defective, unsafe, filthy, or produced under unsanitary conditions. The term "misbranded" includes statements, designs, or pictures in labeling that are false or misleading and failure to provide required information in labeling.

Imported products regulated by the Food and Drug Admistration are subject to inspection at the time of entry. Shipments found not to comply with the laws and regulations are subject to detention. They must be brought into compliance, destroyed, or re-exported. At the discretion of the Food and Drug Administration, an importer may be permitted to bring a nonconforming importation into compliance if it is possible to do so. Any sorting, reprocessing, or relabeling must be supervised by the Food and Drug administration at the expense of the importer.

Various imported foods such as confectionery, dairy products, poultry, eggs, and egg products, meats, fruits, nuts, and vegetables are also subject to requirments of other agencies as has been previously discussed. Seafoods are also subject to the requirements of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce, 1335 East-West Highway, Silver Spring, Md. 20910.

16. Biological Drugs. The manufacture and importation of biological products for human consumption are regulated under the Public Health Service Act. Domestic and foreign manufacturers of such products must obtain a license for both the manufacturing establishment and the product intended to be produced or imported. Additional information may be obtained from the Food and Drug Administration, Department of Health and Human Services, Rockville, Md. 20857.

Biological drugs for animals are regulated under the Virus Serum Toxin Act administered by the Department of Agriculture. The importation of viruses, serums, toxins and analogous products, and organisms and vectors for use in the treatment of domestic animals is prohibited unless the importer holds a permit from the Department of Agriculture covering the specific product. These importations are also subject to special labeling requirements.

17. Biological Materials and Vectors. The importation into the United States for sale, barter, or exchange of any virus, therapeutic serum, toxin, antitoxin, or analogous products, or arsphenamine or its derivatives (or any other travalent organic arsenic compound), except materials to be used in research experiments applicable to the prevention, treatment, or cure of diseases or injuries of man is prohibited unless these products have been propagated or prepared at any extablishment holding an unsuspended and unrevoked license for such manufacturing issued by the Secretary of the Department of Health and Human Services. Samples of the licensed product must accompany each importation for forwarding by the port director of Customs at the port of entry to the Director, Center for Biologics Evaluation and Research, 5600 Fishers Lane, Rockville, MD 20867.

A permit from the U.S. Public Health Service, Atlanta, Georgia 30333, is required for shipments of any etiological agent or insect, animal or plant vector of human disease or any exotic living insect, animal, or plant capable of being a vector of human disease.

18. Narcotics Drugs and Derivatives. The importation of controlled substances including narcotics, marijuana and other dangerous drugs is prohibited except when imported in compliance with regulations of the Drug Enforcement Administration of the Department of Justice, Washington, D.C. 20537. Examples of some of the prohibited controlled substances are amphetamines; barbituates; coca leaves and derivatives such as cocaine; hallucinogenic substances such as LSD, mescaline, peyote, marijuana and other forms of cannabis; opiates including methodone; opium including opium derivatives, such as morphine and heroine; synthetic substitutes for narcotic drugs.

19. Drug Paraphernalia. Items of drug paraphernalia are prohibited from importation or exportation under Section 863, Title 21 of the United States Code. The term "drug paraphernalia" is defined as any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under the Controlled Substance Act (Title II of Public Law 91-513). Items of drug paraphernalia include, but are not limited to, the following items:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
Miniature spoons with level capacities of one-tenth cubic centimeter or less;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chilliums;
Bongs;
Ice pipes or chillers;
Wired cigarette papers; or
Cocaine freebase kits.

The penalty for violation of this section is imprisonment of not more than three years and a fine under Title 18 of the United States Code.

GOLD, SILVER, CURRENCY, AND STAMPS

20. Gold and Silver. The provisions of the National Stamping Act, as amended (15 U.S.C. 291-300) are enforced inpart by U.S. Customs and by the FBI. Articles made of gold or alloys thereof are prohibited importation into the United States if the gold content is one-half carat divergence below the indicated fineness. In the case of articles made of gold or gold alloy, including the solder and alloy of inferior fineness, a one-carat divergence below the indicated fineness is permitted. Articles marked "sterling" or "sterling silver" must assay at least 0.925 of pure silver with a 0.004 divergence allowed. Other articles of silver or silver alloys must assay not less than 0.004 part below the indicated finess thereof. Articles marked "coin" or "coin silver" must contain at least 0.900 part pure silver with an allowable divergence therefrom of 0.004 part below.

A person placing articles of gold or silver bearing a fineness or quality mark such as 14 K, sterling, etc., in the mail or in interstate commerce must place his name or registered trademark next to the fineness mark in letters the same size as the fineness mark. The trademark or name is not required at the time of importation; therefore, Customs has not direct responsibility for enforcement of the law. Persons making inquiry or seeking advice or interpretation of the law should consult with the Department of Justice.

Articles bearing the words "United States Assay" are prohibited importations. Articles made wholly or in part of inferior metal and plated or filled with gold or silver or alloys thereof and which are marked with the degree of fineness must also be marked to indicate the plated or filled content, and in such cases, the use of the words "sterling" or "coin" is prohibited.

All restrictions on the purchase, holding, selling, or otherwise dealing with gold were removed effective December 31, 1974, and gold may be imported subject to the usual Customs entry requirements. Under the Hobby Protection Act, administered by the Bureau of Consumer Protection of the Federal Trade Commission, any imitation numismatic item must be plainly and permenently marked "copy"; those that do not comply are subject to seizure and forfeiture. Unofficial gold coin restrikes must be marked with the country of origin. It is advisable to obtain a copy of the legal proclamation under which the coins are issued or an affadavit of government sanction of coins should be secured from a responsible banking official if the proclamation is unavailable.

21. Counterfeit Articles. Articles bearing facsimiles or replicas of coins or securities of the United States or of any foreign country cannot be imported. Counterfeits of coins in circulation in the United States; counterfeited, forged, or altered obligations or other securities of the United States or of any foreign government; plates, dies, or other apparatus which may be used in making any of the foregoing are prohibited importations.

22. Monetary Instruments. Under the Currency and Foreign Transactions Reporting Act, 31 U.S.C. 5311 et seq., if a person knowingly transports, is about to transport, or has transported, more than $10,000 in monetary instruments at one time to, through or from the United States; or if a person receives more than $10,000 at one time from or through a place outside the United States, a report of the transportation (Customs Form 4790) must be filed with the U.S. Customs Service. Monetary instruments include U.S. or foreign coin, currency; traveler's checks in any form, personal and other checks, and money orders, either in bearer negotiable form or endorsed without restriction; and securities or stocks in bearer form. A bank check or money order made payble to a named person but not endorsed, or which bears a restrictive endorsement, is not considered to be a "monetary instrument." The Department of Treasury regulations governing the report of monetary instruments are set forth at 31 CFR part 103.

23. Postage Stamps. Facsimiles of United States postage stamps are prohibited except those for philatelic, educational, historical, or newsworthy purposes. Further information should be obtained from the United States Secret Service, Department of the Treasury, Washington, D.C. 20223.

PESTICIDES, TOXIC, AND HAZARDOUS SUBSTANCES

24. Pesticides. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended, 1988, provides the statutory authority governing the importation of pesticides and devices into the United States. Promulgated under section 17(c) of this authority, the U.S. Customs Service regulations at 19 CFR Parts 12.112-.117 describe the procedure governing the importation of pesticides and devices. Among the requirements described in these regulations, importers must submit a Notice of Arrival that has been submitted for review and approved by the EPA prior to the importation. Pesticides must be registered in accordance with FIFRA section 3 or they will be refused entry into the United States. Devices are not subject to product registration, but the labeling of both pesticides and devices must bear the producer establisment number registered with the EPA. In addition, pesticides and devices will be refused entry if they are identified as adulterated or misbranded; if they in any other way violate the provisions of FIFRA, or if they are otherwise injurious to an individuals health or the environment.

25. Toxic Substances. The Toxic Substances Control Act, (TSCA), effective January 1, 1977, regulates the manufacturing, importation, processing, distribution in commerce, use or disposal of any chemical substances or mixtures that are broadly defined in section 3 of TSCA. Section 3 specifies that certain substances are excluded from the definition of "chemical substance" based upon their use. These substances include, but are not limited to, foods, drugs, cosmetics, and active ingredients in pesticides. Importations will not be released from Customs custody unless proper certification that the import "complies with" or "is not subject to" the requirements of the Toxic Substances Control Act and is presented to Customs, or if it is already identified as a food, drug, or active pesticide ingredient. To obtain further information concering this matter, contact the Environmental Protection Agency's TSCA Assistance Information Service at (202) 554-1404.

26. Hazardous Substances. The importation into the United States of dangerous caustic or corrosive substances in packages suitable for household use and of hazardous substances is regulated by the Hazardous Substance Act; the Caustic Poison Act; the Food, Drug and Cosmetics Act; and the Consumer Product Safety Act. The marketing, labeling, packaging, and transportation of hazardous materials, substances, wastes and their containers is regulated by the Office of Harzardous Materials Transportation of the Department of Transportation, Washington, D.C. 20590. Hazardous waste is a special sub-category of hazardous substances and is regulated by the Resource Recovery and Conservation Act (RCRA), which requires a special EPA manifest for both imports and exports.

TEXTILE, WOOL, AND FUR PRODUCTS

27. Textile Products. All textile fiber products imported into the United States shall be stamped, tagged, labeled, or otherwise marked with the following information as required by the Textile Fiber Products Identification Act, unless exempted from marking under section 12 of the Act.

The generic names and percentages by weight of the constituent fibers present in the textile fiber product, exclusive of permissive ornamentation, in amounts of more than five percent in order of predominance by weight, with any percentage of fiber or fibers required to be designated as "other fiber" or "other fibers" appearing last. Fibers present in amounts of five percent or less must be designated as "other fibers."
The name of the manufacturer or the name or registered identification number issued by the Federal Trade Commission of one or more persons marketing or handling the textile fiber product. A word trademark, used as a house mark, registered in the United States Patent Office, may be on labels in lieu of the name otherwise required if the owner of such trademark furnishes a copy of the registration to the Federal Trade Commission prior to use.
The name of the country where processed or manufactured.

For the purpose of the enforcement of the Textile Fiber Products Identification Act, a commercial invoice covering a shipment of textile fiber products exceeding $500 in value and subject to the labeling requirements of the Act is required to show the information, in addition to that ordinarily required on the invoices.

Regulations and pamphlets containing the text of the Textile Fiber Products Identification Act may be obtained from the Federal Trade Commission, Washington, D.C. 20580.

28. Wool. Any product containing woolen fiber imported into the United States, with the exception of carpet, rugs, mats, upholsteries, and articles made more than 20 years prior to importation, shall be tagged, labeled, or otherwise clearly marked with the following information as required by the Wool Products Labeling Act of 1939:

The percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding five percent of the total fiber weight of (1) wool, (2) recycled wool, (3) each fiber other than wool if the percent by weight of such fiber is five percent or more, and (4) the aggregate of all other fibers.
The maximum percent of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter.
The name of the manufacturer or person introducing the product in commerce in the United States; i.e., the importer. If the importer has a registered identification number issued by the Federal Trade Commission, that number may be used instead of the indiviual's name.

For the purpose of the enforcement of the Wool Products Labeling Act, a commercial invoice covering a shipment of wool products exceeding $500 in value and subject to the labeling requirements of the act.

The provisions of the Wool Products labeling Act apply to products manufactured in the United States as well as to imported products.

Pamphlets containing the text of the Wool Products Labeling Act and the regulations may be obtained from the Federal Trade Commission, Washington, D.C. 20580.

29. Fur.. Any article of wearing apparel imported into the United States and made in whole or in part of fur or used fur, with the exception of articles made of new fur of which the cost or manufacture's selling price does not exceed $7, shall be tagged, labeled, or otherwise clearly marked to show the following information as required by the Fur Products Labeling Act.

The name of the manufacturer or person introducing the product in commerce in the United States; i.e., importer. If the importer has a registered identification number, that number may be used instead of the individual's name.
The name or names of the animal or animals that produced the fur as set forth in the Fur Products Name Guide and as determined under the rules and regulations.
That the fur product contains used or damaged fur where such is the fact.
That the fur product is bleached, dyed, or otherwise artificially colored when such is the fact.
That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur when such is the fact.
The name of the country of origin of any imported furs contained in a fur product.

For the purpose of enforcement of the Fur Product Labeling Act, a commercial invoice covering a shipment exceeding $500 in value of furs or fur products is required.

The provisions of the Fur Products Labeling Act apply to fur and fur products in the United States as well as to imported furs and fur products. Regulations and pamphlets containing the text of the Fur Products Labeling Act may be obtained from the Federal Trade Commission, Washington, D.C. 20580.

TRADEMARKS, TRADE NAMES, AND COPYRIGHTS

30. Trademarks and Trade Names. Articles bearing countereit trademarks, or marks which copy or simulate a registered trademark of a United States or foreign corporation are prohibited importation, provided that a copy of the U.S. trademark registration is filed with the Commissioner of Customs and recorded in the manner set by regulations (19 CFR 133.1-133.7.). the U.S. Customs Service also affords similar protection against unauthorized shipments bearing trade names which are recorded with Customs pursuant to regulations (19 CFR part 133, Subpart B). It is also unlawful to import articles bearing genuine trademarks owned by a U.S. citizen or corporation without permission of the U.S. trademark owner, if the foreign and domestic trademark owners are not parent and subsidiary companies or otherwise under common ownership and control, provided the tradmark has been recorded with the U.S. Customs Service. (15 U.S.C. 1124; 19 U.S.C. 1526).

The Customs Reform and Simplification Act of 1978 strengthened the protection afforded trademark owners against the importation of articles bearing a counterfeit mark. A "counterfeit trademark" is defined as a spurious trademark which is identical with, or substantially indistiguishable from, a registered trademark. Articles bearing a counterfeit trademark which are seized by Customs and forfeited to the government may be (1) given to any Federal, state. or local government agency which has established a need for the article; (2) given to a charitable institution; or (3) sold at public auction if more than 1 year has passed since forfeiture and no eligible organization has established a need for the article. The counterfeit marks must be removed before the forfeited articles may be given away or sold. If this is not feasible, the articles are destroyed. The law also provides an exemption from all restrictions on trademarked articles (limited to one of each type) accompanying a person arriving in the United States when the articles are for personal use and not for sale.

31. Copyrights. Section 602(a) of the Copyright Revision Act of 1976 (17 U.S.C. 602(a) provides that the importation into the United States of copies of a work acquired outside the United States without authorization of the copyright owner is an infringement of the copyright. Articles imported in violation of the import prohibitions are subject to seizure and forfeiture. Forfeited articles shall be destroyed; however, the articles may be returned to the country of export whenever Customs is satisfied that there was no intentional violation. The substantial similarity test is employed to determine if a design has been copied. Copyright owners seeking import protection from the U.S. Customs Service register their claim to copyright with the U.S. Copyright Office and record their registration with Customs in accordance with applicable regulations (19 CFR Part 133, Subpart D).

WILDLIFE AND PETS

32. Wildlife and Pets. The importation of live wildlife (i.e., game animals, birds, plants) or any part or product made therefrom, and the eggs of birds, is subject to certain prohibitions, restrictions, permits and quarantine requirements of several Government agencies. Imports or exports of wildlife, their parts or products must be declared at designated ports of the U.S. Fish and Wildlife Service, unless an exception is granted prior to the time of import or export. The Assistant Regional Director of Law Enforcement for the region in which the import or export will take place should be contacted for additional information or to request an exception to designated port permit.

On or after January 1, 1981, most firms (with some significant exceptions) importing or exporting wildlife must obtain a license from the Fish and Wildlife Service. Applications and further information may be obtained from the U.S. Fish and Wildlife Service, Assistant Regional Director for Law Enforcement, for the state in which the importer or exporter is located.

Endangered species of wildlife and certain species of animals and birds are generally prohibited entry into the United States and may be imported or exported only under a permit granted by the U.S. Fish and Wildlife Service. Specific information concerning permit requirements should be obtained from the Fish and Wildlife Service, Office of Management Authority, 4401 North Fairfax Drive, Room 420(c), Arlington, Virginia 22203 or by calling 1-800-358-2104.

Antique articles (100 years of age or older) may be exempt from certain requirements of the U.S. Endangered Species Act. The Fish and Wildlife Service, Office of Management Authority, should be contacted for additional details.

The taking and importation of marine mammals and their products are subject to the requirements of the Marine Mammal Protection Act (MMPA) of 1972, as amended in 1994. The National Marine Fisheries Service and the Fish and Wildlife Service have jurisdiction under the MMPA for certain species and import activities. Additional requirements of the U.S. Endangered Species Act and the Convention of International Trade in Endangered Species (CITES) may apply. Prior to import, both agencies should be contacted to learn the exact permit requirements.

Regulations to implement the Convention on International Trade in Endangered Species Wild Fauna and Flora came into effect on May 23, 1977. Certain mammals, birds, reptiles, amphibians, fish, snails, clams, insects, crustaceans, mollusks, other invertebrates and plants may be prohibited without the prior issuance of a permit which may be obtained from the Fish and Wildlife Service, Office of Management Authority.

The importation into the United States of any wild animal or bird is prohibited if the animal or bird was captured, taken, shipped, possessed, or exported contrary to the law of the foreign country or subdivision thereof. In addition, no wild animal or bird from any foreign country may be taken, purchased, sold or possessed contrary to the laws of any state, territory, or possession of the United States.

The importation of feathers or skins of any bird, except for scientific and education purposes, is prohibited, except for the species noted in this paragraph. This prohibition does not apply to fully manufactured artificial flies used for fishing or to personally taken, noncommericial game birds. Feathers or skins of the following species are permitted entry: chickens, turkeys, guinea fowl, geese, ducks, pigeons, ostriches, rheas, English ring-necked pheasants and pea fowl not taken from the wild.

On October 23, 1992, the Wild Bird Conservation Act (ACT) became effective. The ACT focuses on bird species listed in the Appendices to the Convention on International Trade in Endangered Species (CITES). If you import birds, you must meet the requirements of this new law in addition to the existing requirements of CITES, the Endangered Species Act, the Migratory Bird Treaty Act, or other applicable regulations. Import permits must be obtained from the U.S. Fish and Wildlife Service.

Live birds protected under the Migratory Bird Treaty Act may be imported into the United States from foreign countries for scientific or propagating purposes only under permits issued by the U.S. Fish and Wildlife Service.

Imports of birds (pets, migratory birds, falcons) are subject to the quarantine requirements of the USDA and Public Health Service. Quarantine space must be reserved before importation. Prior to exportation, health certificates need to be obtained. Any questions should be directed to the appropriate agency.

On June 9, 1989, the U.S. Fish and Wildlife Service announced a ban on the importation of most African elephant ivory and any products made from it. The ban covers all commercial and noncommercial shipments including personal baggage accompanying a tourist. There are limited exceptions for antiques, trophies, and personal household effects. For further information, contact the U.S. Fish and Wildlife Service, Office of Management Authority, 4401 N. Fairfax Drive, Arlington, VA 22203, Tel. 1-800-358-2104.

The importation of birds, cats, dogs, monkeys, and turtles is subject to the requirements of the U.S. Public Health Service, Centers for Disease Control, Quarantine Division, Atlanta, Georgia 30333, and the Veterinary Services of the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture, Hyattsville, Maryland 20782.

The importation of turtles with carapace length of less than four inches and psittacine birds are subject to the requirements of the U.S. Department of Agriculture and the Fish and Wildlife Service.

OTHER MISCELLANEOUS PROHIBITED OR RESTRICTED MERCHANDISE

33. Foreign Assets Control Restrictions. The Office of Foreign Assets Control administers regulations (31 CFR, Chapter V) which generally prohibit the importation of merchandise or goods that contain components from the following countries: Cuba, Iran, Iraq, Libya, North Korea, and the Federal Republic of Yugoslavia (Serbia and Montenegro). These restrictions apply to the country of origen, regardless of where the item was purchased. An Iranian rug purchased in England, for example, is still prohibited. In addition, it must be noted that origin can be conferred by entering the commerce of a sanctioned country: an American-made television that has been used in Iran may be considered to be of Iranian origin if returned to the United States.

The proscriptions do not apply to informational materials such as pamphlets, books, tapes, films, or recordings, except those from Yugoslavia or Iraq.

Specific licenses are required to bring prohibited merchadise into the United States, but they are rarely granted. Foreign visitors to the United States, however, may usually be permitted to bring in small articles for personal use as accompanied baggage, depending upon the goods' country of origin.

Travelers should be aware of certain travel restrictions that may apply to these countries. Because of the strict enforcement of these prohibitions it is highly recommended that those anticipating foreign travel to any of the countries listed above should write in advance to the Office of Foreign Assets Control, Department of the Treasury, Washington, D.C. 20220, or call (202) 622-2500 for further information and guidance.

34. Obscene, Immoral, and Seditious Matter. Section 305, Tariff Act of 1930, as amended, restricts the importation of any book, writing, advertisement, circular, or picture containing any matter advocating or urging treason or insurrection against the United States, or forcible resistance to any law of the United States, or containing any threat to take the life of or inflict bodily harm upon any person in the United States, or any obscene book, writing, advertisement, circular, picture or other representation, figure, or image on or of paper or other material, or any instrument, or other article which is obscene or immoral, or any drug or medicine for causing unlawful abortions unless otherwise authorized by law (e.g., FDA approved).

35. Petroleum and Petroleum Products. Importations of petroleum products are subject to the requirements of the Department of Enegy. An import license is no longer required, but an import authorization may be needed. These importations may be subject to an oil import license fee collected and administered by the Department of Energy. Inquiries should be directed to the Department of Energy, Washington, D.C. 20585.

36. Products of Convict or Forced Labor. Merchandise produced, mined, or manufactured by means of the use of convict labor, forced labor, or indentured labor under penal sanctions is prohibited importation, provided a finding has been published pursuant to section 12.42 of the Customs Regulations (19 CFR 12.42), that certain classes of merchandise from a particular country, produced by convict, forced, or indentured labor, were eithter being, or are likely to be, imported into the United States in violation of section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307).

37. Unfair Competition. Section 337 of the Tariff Act, as amended, prohibits the importation of merchandise if the President finds that unfair methods of competion or unfair acts exists. This section is most commonly invoked in the case of patent violations, although a patent need not be at issue. Prohibition of entries of the merchandise in question generally is for the term of the patent, although a different term may be specified.

Following a section 337 investigation, the International Trade Commission may find that unfair methods of competition or unfair acts exist with respect to the importation of certain merchadise. After the International Trade Commission has issued an order, the President is allowed 60 days to take action; should the 60 days expire without Presidential action, the order becomes final. During the 60-day period or until the President acts, importation of the merchadise is allowed under a special bond but it must be recalled by Customs if appropriate under the conditions of the order when it becomes final. If the President determines that entry of the merchandise is not in violation of section 337, the bond is canceled.

38. Machine Tools. Certain types of machine tools from Japan and Taiwan are subject to Voluntary Restraint Arrangements (VRAs) negotiated by the United States Trade Representative and the individual countries. These are agreements by which the level of exports of the covered products are voluntarily limited by the exporting country. The VRAs are administered by the Department of Commerce and presentation of an export certificate or license by the country of origin is a condition of entry.

II. ALCOHOLIC BEVERAGES IMPORT REQUIREMENTS

Any person or firm wishing to engage in the business of importing distilled spirits, wines, or malt beverages into the United States must first obtain an importer's basic permit from the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Washington, D.C. 20226, Tel. (202) 925-8110. That agency is responsible for administering the Federal Alcohol Administration Act.

Distilled spirits imported in bulk containers of a capacity of more than one gallon may be withdrawn from Customs custody only by persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk. Bulk or bottled shipments of imported spirits or distilled or intoxicated liquors must at the time of importation be accompanied by a copy of a bill of lading or other documents, such as an invoice, showing the name of the consignee, the nature of its contents, and the quantity contained therein (18 U.S.C. 1263).

U.S. Customs will not release alcoholic beverages destined to any state for use in violation of its laws, and the importation of alcoholic beverages in the mails is prohibited.

The United States adopted the metric system with the enactment of the Metric Conversion Act of 1975. In general, imported wine must conform with the metric standards of fill if bottled or packed on or after January 1, 1979. Imported distilled spirits, with some exceptions, must conform with the metric standards of fill if bottled or packed on or after January 1, 1980. Distilled spirits and wines bottled or packed prior to the respective dates must be accompanied by a statement to that effect signed by a duly authorized official of the appropriate foreign country. This statement may be a separate document or be shown on the invoice. Malt beverages including beer are not subject to metric standards or fill.

MARKING

Imported wines in bottles and other containers are required to be packaged, marked, branded, and labeled in accordance with the regulations in 27 CFR Part 4. Imported malt beverages, including alcohol-free and nonalcoholic malt beverages, are also required to be labeled in conformance with the regulations in 27 CFR Part 7.

Each bottle, cask or other immediate container of imported distilled spirits, wines, or malt beverages must be marked for Customs purposes to indicate the country of origin of the alcoholic beverages contained therein, unless the shipment comes within one of the exceptions outlined by the Bureau of Alcohol, Tobacco and Firearms. Contact BATF for information on these exceptions.

CERTIFICATE OF LABEL APPROVAL

Labels affixed to bottles of imported distilled spirits and wine must be covered by certificates of label approval issued to the importer by the Bureau of Alcohol, Tobacco and Firearms. Certificates of label approval or photostatic copies must be filed with Customs before the goods may be released for sale in the United States. Certificate of label approval requirements must also be met for fermented malt beverages if simalar to the Federal requirements (27 CFR Parts 4, 5 and 7).

FOREIGN DOCUMENTATION

Importers of wines and distilled spirits should consult the Bureau of Alcohol, Tobacco and Firearms about foreign documentation required; for example, certificates of origin, age, etc.

ALCOHOLIC REQUIREMENTS OF OTHER AGENCIES

In addition, importation of alcoholic beverages is subject to the specific requirements of the Food and Drug Administration. Certain plant materials when used for bottle jackets for wine or other liquids are subject to special restrictions under plant quarantine regulations of the Animal and Plant Health Inspection Service (APHIS). All bottle jackets made of dried or unmanufactured plant materials are subject to inspection upon arrival and are referred to the Department of Agriculture.

Wines or distilled spirits from countries require original certificates of origin as a condition of entry: Bulgaria, Canada, Chile, France, Federal Republic of Germany, Republic of Ireland, Jamaica, Mexico, Portugal, Romania, Spain and United Kingdom.

Public Law 100-690, codified under 27 U.S.C. 213-219A, requires that a health warning appear on the labels of containers of alcohol beverages bottled on or after November 18, 1989. The Government warning states that: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems.

III. SPECIAL REQUIREMENTS FOR THE IMPORTATION OF MOTOR VEHICLES AND BOATS

AUTOMOBILE, VEHICLES AND VEHICLE EQUIPMENT

Safety and Bumper Standards. As a general rule, all imported motor vehicles less than 25 years old and items of motor vehicle equipment must comply with all applicable Federal Motor Vehicle Safety Standards in effect when these vehicles or items were manufactured. A Customs inspection at the time of entry will determine such compliance which is verified by the original manufacturer's certification permenently affixed to the vehicle or merchandise. A declaration, HS Form 7, must be filed when motor vehicles or items of motor vehicle equipment are entered. HS Form 7 can be obtained from customs brokers or at ports of entry.

If written approval is obtained from the U.S. Department of Transportation, certain temporary importations may be exempt from the requirements for certification and conformance, including vehicles brought in for research, investigation, studies, training, demonstrations or competitive racing events. Also, vehicles imported for temporary use by certain nonresidents or members of foreign governments or foreign armed forces may not be required to comply. Vehicles and motor vehicles equipment imported solely with the intention of exportation and so labeled are also exempt from these requirements.

A DOT bond in the amount of 150 percent of the dutiable value must be posted at the port of entry when a noncertified or nonconforming vehicle is imported for permanent use. This bond is intended to assure conformance of the vehicle within 120 days after entry. The importer must also sign a contract with a DOT-registered importer who will modify the vehicle to conform with all applicable safety and bumper standards, and who can certify the modification(s). A copy of this contract must be furnished to the Customs Service at the port of entry. Furthermore, the vehicle model and model year must be determined to be eligible for importation.

For further information and details on these requirements, please contact the U.S. Department of Transportation, National Highway Traffic Safety Administration, Director of the Office of Vehicle Safety Compliance (NEF-32), 400 Seventh Street, S.W., Washington, D.C. 20590. Tel. (202) 366-5313.

Emission Requirements: The Clean Air Act, as amended, prohibits the importation of any motor vehicle or motor vehicle engine not in conformity with emission requirements prescribed by the U.S. Environmental Protection Agency (EPA). This restriction applies whether the motor vehicle or motor vehicle engine is new or used, and whether it was originally produced for sale and use in a foreign country or originally produced (or later modified) to conform to EPA requirements for sale or use in the United States. In addition to passenger cars, all trucks, multipurpose vehicles (e.g., all terrain vehicles, campers), motorcycles, etc., that are capable of being registered by a state for use on public roads or that the EPA has deemed capable of being safely driven on public on public roads, are subject to these requirements. The term "vehicle" is used below to include all EPA-regulated vehicles and engines.

U.S.-Version Vehicles: Any person may import U.S.-version vehicles. All such 1971 and later models are required to have a label in a readily visible position in the engine compartment stating that the vehicle conforms to U.S. requirements. This label will read "Vehicle Emission Control Information" and will have a statement by the manufacturer that the vehicle meets U.S. EPA emission requirements at the time of manufacture. If this label is not present, the importer should obtain a letter of conformity from the manufacturer's U.S. representatives - not from a dealership - prior to importation.

Except as noted below, U.S. - version vehicles must be entered under Customs bond. The importer has 120 days to demonstrate to EPA that all Federal emission requirements have been met.

The following U.S.-version (labeled) vehicles are not subject to EPA import restrictions and may be entered without bond under the applicable category on the EPA Form 3520-1:

New vehicles driven less than 50 miles.
Vehicles older than 20 years.
Vehicles manufactured-without a catalytic converter and oxygen sensor, if accompanied by documented evidence from the manufacturer.
Diesel-fueled vehicles.
Gasoline - and methanol-fueled vehicles driven solely in the U.S., Canada, Mexico, Japan, Australia, Taiwan, and the Grand Bahama Island (EPA Form 3520-1 not required).
Vehicles driven only in western Europe and fueled only with unleaded gasoline.
Vehicles participating in an overseas EPA-approved catalyst-control program, if accompanied by appropriate certification from the catalyst control program.

Non-U.S. Version Vehicles: Individuals are not permitted to import non-U.S. version vehicles (unless otherwise excluded or exempted). These vehicles must be imported (entered) by an Independent Commercial Importer (ICI) having a currently valid qualifying certificate of conformity for each vehicle being imported. The ICI will be responding for performing all necessary modifications, testing and labeling, as well as providing an emissions warranty identical to the emissions warranty required of new vehicles sold in the U.S.

Excluded Vehicles: Vehicles manufactured before EPA requirements took effect (e.g., gasoline-fueled passenger vehicle manufactured prior to 1968 and mortorcycles manufactured prior to 1978) are excluded from import restrictions and may be imported by any person without bond under the applicable declaration category on the EPA Form 3520-1.

WORDS OF CAUTION:

Not all nonconforming vehicles are eligible for importation, and ICIs are not required to accept vehicles for which they have qualifying certificates of conformity.
EPA certification of ICIs does not guarantee the actions or work of the ICIs, nor does it regulate contractual agreements and working relationships with vehicle owners.
EPA strongly recommends that prospective importers buy only U.S. version (labeled) vehicles, because of the expense and potential difficulties involved with importing a nont-U.S. version vehicle.
EPA strongly recommends that current owners of non-U.S. version vehicles sell or otherwise dispose of those vehicles overseas rather than ship and import them into the U.S. because of the expense and potential difficulties involved with importing a non-U.S. version vehicle.
Before shipping a non-conforming vehicle for importation, EPA strongly recommends that the importer either make final arrangements with an ICI for modifications and testing, or obtain EPA apporval in writing for importation. Storage fees at the ports are costly, and the vehicle may not be eligible for importation.
The EPA policy that permited importers a one-time exemption for vehicles at least five years old has been eliminated.
EPA considers a U.S.-version vehicle that has had modifications to its drive train or emission control system to be a non-U.S.-version vehicle, even though it may be labeled a U.S.-version vehicle.
To obtain further information and assistance on these matters, please contact the Environmental Protection Agency, Investigation/Imports Section (6405-J), Washington, D.C. 20460. Tel. (202) 233-9660. Fax (202) 233-9596.

Final word of caution. Modification to bring a nonconforming vehicle into conformity with the safety and bumper standards and/or emmission standards may require extensive enginering, be impractical or impossible, or the labor and materials may be unduly expensive. It is highly recommended that these modifications be investigated before a vehicle is purchased for importation.

BOAT SAFTETY STANDARDS

Imported boats and associated equipment are subject to U.S. Coast Guard safety regulations or standards under the Federal Boat Safety Act of 1971. Products subject to standards must have a compliance certification label affixed. Certain hulls also require a hull identification number to be affixed. A U.S. Coast Guard import declaration is required to be filled with entries of nonconforming boats. Further information may be obtained from the Commandant, U.S. Coast Guard, Washington, D.C. 20593.

DUTIABILITY

Vessels brought into the United States for use in trade or commerce are not dutiable. Yahts or pleassure boats brought into the United States by nonresidents for their own use in pleasure cruising are also not dutiable. Yahts or pleasure boats owned by a resident or brought into the United States States for sale or charter to a resident are dutiable. Further information may be found in a pamplet published by the U.S. Customs Service entitled "Pleasure Boats".

RESTRICTIONS ON USE

Vessels that are foreign-built or of foreign registry may be used in the United States for pleasure purposes and in the foreign trade of the United States. However, Federal law prohibits the use of such vessels in the coastwise trade, i.e., the transportation of passengers or merchandise between points in the United States, including carrying fishing parties for hire. Questions concerning the use of foreign-built or foreign-flag vessels should be addressed to Chief, Carrier Rulings Branch, Office of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue., N.W., Washington, D.C. 20229.
Original Source: http://www.itds.treas.gov/specimpreq.html#II

Section Links

Related Link Category