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CHAPTER XXCHAPTER XX U.S. U.S. GGOVERNMENT’S IMPORT OVERNMENT’S IMPORT

RESTRICTIONSRESTRICTIONS Agricultural Commodities Arms, Ammunition & Radioactive Materials Consumer Products Electronic Products Foods, Drugs, Cosmetics, Medical Devices, and

Biologics Gold, Silver, Currency & Stamps Pesticides, Toxic & Hazardous Substances Textile, Wool & Fur Products Trademarks, Trade Names & Copyrights Wildlife and Pets

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CHAPTER XXCHAPTER XX U.S. U.S. GGOVERNMENT’S OVERNMENT’S

IMPORT RESTRICTIONSIMPORT RESTRICTIONS Obscene, Immoral & Seditious Matter Petroleum & Petroleum Products Products of Convict or Forced Labor Products of Unfair Competition Artifacts & Cultural Property Foreign Assets Control Regulations Alcoholic Beverages Motor Vehicles & Vehicle Equipment Boats & Boat Equipment Penalties for Violation of Trade Laws

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U.S. GOVERNMENT’S IMPORT U.S. GOVERNMENT’S IMPORT RESTRICTIONSRESTRICTIONS

In general, import licenses are not required to import the goods into the United States

Purposes for Prohibiting and Restricting certain Articles To protect the economy and security of the

U.S. To safeguard consumer health and well-being To preserve domestic plant and animal life To enforce an import quota or a restraint under

bilateral trade agreements Customs clearance is given only if all Customs

and other U.S. agencies' requirements are met

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Agricultural CommoditiesAgricultural Commodities(1)(1) Cheese, Milk and Dairy ProductsCheese, Milk and Dairy Products

Subject to requirements of FDA and USDA

Need import license Subject to quota of USDASubject to quota of USDA

(2) Fruits, Vegetables, and Nuts(2) Fruits, Vegetables, and Nuts Quarantine inspection by USDA's

Animal & Plant Health Inspection Service

Pesticide inspection by FDA: Some fruits & vegetables: Inspection of grade, size, quality and maturity by USDA‘s Food Safety and Inspection Service

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Agricultural CommoditiesAgricultural Commodities

(3) Insects Live insects and eggs injurious to crops and

trees are prohibited entry Live insects and eggs not injurious : Import

permit by APHIS of USDA

(4) Live stock, Animals, Animal By-Products, and Hay and Straw APHIS's inspection and quarantine certificate,

Import permit Health certificate: Must be accompanied

Entry restricted to certain ports

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Agricultural Commodities

(5) Meat, Poultry, & Egg Products Inspection by APHIS and FSIS of USDA

(6)Plant and Plant Products Import permit Quarantine inspection by APHIS of USDA

(7)Seeds Import permit by Agricultural Marketing

Service of USDA Shipments detained pending testing of

samples

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Agricultural CommoditiesAgricultural Commodities

(8) Wood Packaging Materials Requirements APHIS of USDA Enforced by U.S. CBP Pallets, crates, boxes, dunnage Must be treated to kill harmful insects &

marked with International Plant Protection Convention (IPPC) logo (IPPC Stamp)

Noncompliance, subject to reexportation with accompanying cargo

Agricultural CommoditiesAgricultural Commodities

Tobacco and Tobacco-related Products– Import permit from Alcohol & Tobacco Tax &

Trade Bureau (TTB) of USDT

– Pay federal excise tax

– Cigarettes manufactured in the U.S. and labeled and exported cannot be reimported into the U.S. except by original manufacturer

– Notice on the package “U.S. Tax-exempt. For Use Outside the U.S.”

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Arms, Ammunition & Arms, Ammunition & Radioactive MaterialsRadioactive Materials

(1) Arms, Ammunition, Explosives, & Implements of War

License by Bureau of Alcohol, Tobacco and Fire arms of US Dept of Justice

(2) Radioactive Materials and Nuclear Reactors

Approval by Nuclear Regulatory Commission

For medical use: subject to approval of FDA

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Consumer ProductsConsumer Products(1) Household Appliances

Energy Policy and Conservation Act Required to comply with energy standards by

USD of Energy and labeling requirements by Federal Trade Commission

• Refrigerators & Freezers • Room air conditioners • Central air conditioners • Water heaters • Furnaces • Dishwashers

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Consumer ProductsConsumer Products

(1) Household Appliances (continued)• Clothes washers • Clothes dryers• Direct heating equipment• Kitchen rangers and ovens• Pool heaters• Humidifiers and dehumidifiers• Fluorescent lamp ballasts

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Consumer Products(2) Flammable Fabrics

Wearing apparel, children’s sleepwear and interior furnishing; mattresses, carpets, rugs

Required to conforms to flammability standards by U.S. Consumer Product Safety Commission

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Consumer ProductsConsumer Products

(3) Toys & Children’s Articles Must comply with the Child Safety

Protection Act & Federal Hazardous Substances Act

Articles for under 3-year olds: No small parts presenting choking hazards

3 to 6- year olds: Warning label on small parts

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Consumer ProductsConsumer Products

(4) Lead in Paint Banned if consumers goods, furniture and

toy contain more than 0.06% lead

(5) Bicycles and Bicycle Helmets Must meet mandatory safety standards by

USCPSC. Helmet must have a Certificate of Compliance

(6) Fireworks Must meet labeling requirements and

technical specification for consumer fireworks. Large fireworks banned for consumer use.

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Consumer ProductsConsumer Products(7) Art Materials

Must meet labeling requirement of Hazardous Art Materials Act

(8) Cigarette & Multi-purpose Lighters Disposable and novelty cigarette lighters

must be made child resistant. A Certificate of Compliance must accompany each shipping unit

(9) Matches and Knives

Phosphorus matches (strike-anywhere matches) & switchblade knives (automatic knives) prohibited from importing into the U.S.

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Electronic ProductsElectronic Products

(1) Radiation Producing Products Must meet radiation performance standards:

FDA Television receivers, microwave ovens,

diagnostic X-ray equipment, laser products, ultrasound physical therapy equipment, sunlamps, CD-ROMs, cellular and cordless telephones

Must be accompanied by an Electronic Product Declaration (FDA Form 2877)

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Electronic ProductsElectronic Products

(2) Radio Frequency Devices Must meet radio emission standards by

Federal Communications Commission FCC Declaration (Form FCC 740) required to

import Radio, tape recorders, stereos, televisions

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Foods, Drugs, Cosmetics, Foods, Drugs, Cosmetics, Medical Devices, & BiologicsMedical Devices, & Biologics(1) Foods, Drugs, Cosmetics, & Medical

Devices FDA samples and inspects foods, drugs,

cosmetics, and medical devices, when imported, to assure that they meet the same standards as domestic products. Feed and drugs for animals also under FDA control

Must pass inspection at the time of entry Rejected shipments: Be brought into

compliance or destroyed or reexported

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Foods, Drugs, Cosmetics, Medical Devices, Biologics(1) Foods, Drugs, Cosmetics, Medical

Devices (continued) Public Health Security & Bioterrorism

Preparedness & Response Act of 2002 (Bioterrorism Act)

Registration of Food Facilities Prior Notice of Imported Foods

• 2 hours before arrival by road• 4 hours before arrival by air or by rail• 8 hours before arrival by water

(2) Biological Drugs Regulated by FDA for human consumption

and by USDA for animals Manufacturing plant and products need a

license

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Foods, Drugs, Cosmetics, Foods, Drugs, Cosmetics, Medical Devices, BiologicsMedical Devices, Biologics

(3) Biological Materials and Vectors Importation of Virus, therapeutic serum, toxin,

antitoxin Import permit from U.S. Public Health Service

(4) Narcotics Drugs and Derivatives Import permit from Drug Enforcement Agency

of US Dept of Justice

(5) Drug Paraphernalia Prohibited from importation or exportation

Possession is also unlawful

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Gold, Silver, Currency & Gold, Silver, Currency & StampsStamps

(1) Gold and Silver

Bretton Woods Agreement of 1944: US dollars convertible to gold at a fixed change rate of $35 an ounce

Pres. Richard Nixon closed US gold window on 8/15/1971.

All restrictions were removed December 31, 1974. Now subject to usual Customs entry requirement

Strict tolerance on fineness: For Gold one-half carat divergence and for Silver minimum 0.925 of pure silver with 0.004 divergence allowed

Gold, Silver, Currency & Gold, Silver, Currency & StampsStamps(1)Gold and Silver (cont.)

Bans on importation of South African and Soviet gold coins were lifted July 1991 and March 1992

(2) Counterfeit Articles Facsimiles or replicas of coins or securities of

any government, and plates or dies are prohibited importation

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Gold, Silver, Currency & Gold, Silver, Currency & StampsStamps

(3) Monetary Instruments Currency and Foreign Transactions Reporting

Act Knowingly transports more than $10,000 in

monetary instruments at one time to, through, or from the United States or receives more than $10,000 at one time from or through a place outside the United States

Must report on the Currency Report Form (FinCen 105, formerly Customs Form 4790) to U.S. Customs & Border Protection (CBP) FINCEN: Financial Crimes Enforcement Network

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Gold, Silver, Currency & StampsGold, Silver, Currency & Stamps

(3) Monetary Instruments (continued): U.S. or foreign coins, currency, traveler's

check, personal and cashier’s checks, and money orders in bearer negotiable form or endorsed without restriction, and stocks and bonds in bearer form but

Exclude bank checks and money orders made payable to named person but not endorsed or which bears a restrictive endorsement

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Pesticides, Toxic & Pesticides, Toxic & Hazardous SubstancesHazardous Substances

(1) Pesticides Subject to Federal Insecticide, Fungicide and

Rodenticide Act of 1988 Notice of Arrival prior to importation to U.S.

Environment Protection Agency Labeling and devices must bear producer’s

registered number with U.S. EPA.

(2) Toxic Substances Manufacturing, importation, processing,

distribution, and disposal regulated by Environment Protection Agency (EPA)

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Pesticides, Toxic & Hazardous Substances

(3) Hazardous Substances Importation of dangerous, caustic or corrosive

in packages suitable for household use is regulated by Hazardous Substance Act, Caustic Poison Act, Food, Drug and Cosmetic Act, Consumer Product Safety Act

Administered by the Office of Hazardous Materials Enforcement of the U.S. Dept of Transportation.

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Textile, Wool & Fur ProductsTextile, Wool & Fur Products

(1) Textile Products Labeling requirements under Textile

Fiber Products Identification Act a. Generic names and percentages by weight of

fibers of 5 percent or higher

b. Name of manufacturer or name or registered number (RN) of importer issued by Federal Trade Commission

c. Name of country where processed or

manufactured

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Textile, Wool & Fur Products

(2) Wool Products

Wool Products Labeling Act a. Percentage of total fiber weight of 5 percent

or more

b. Name of manufacturer or name or RN of importer

c. Name of country where processed or manufactured

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Textile, Wool & Fur ProductsTextile, Wool & Fur Products(3) Fur Products Fur Products Labeling Act

a. Name of manufacturer, or name or RN of importer

b. Names of animals c. Whether contains used or damaged furd. Bleached or dyed e. In whole or in substantial part of paws, tails,

bellies or waste fur f. Name of country of origin of any imported

fur g. Name of country where processed or

manufactured Sale of any product consisting of dog fur,

cat fur prohibited.

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Trademarks, Trade Names & Copyrights

(1) Trademarks and Trade Names Articles of counterfeit trademarks are

prohibited importation if a copy of U.S. trademark registration with U.S. Patent & Trademark Office is filed with Commissioner of Customs

Articles of genuine trademarks are prohibited importation without permission of U.S. trademark owner

Unauthorized shipments of trade names which are filed with Customs are prohibited importation

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Trademarks, Trade Names & Trademarks, Trade Names & CopyrightsCopyrights(1) Trademarks and Trade Names (continued)

Counterfeit trademark: Spurious trademark which is identical or substantially indistinguishable from a registered trademark. Samples

Articles bearing a counterfeit trademark • Seized by U.S. CBP and forfeited to U.S. government • Given to any Federal, State or local government • Given to a charitable organization • Sold at public auction after 1 year since forfeiture • Destroyed • Counterfeit marks & names must be removed before

being given away or sold

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Trademarks, Trade Names & Trademarks, Trade Names & CopyrightsCopyrights

(2) Copyrights Articles imported without authorization of

copyright owner are seized and forfeited, and destroyed, if the copyright is registered with Customs. May be returned to country of export if violation is not intentional

For protection, register copyrights with the U.S. Copyright Office and record its registration with U.S. Customs & Border Protection (CBP)

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Wildlife and Pets License from Fish and Wildlife Service,

USDI Endangered species, any part and product

of wildlife (game animals, birds or plants) generally prohibited importation

All importations of African elephant ivory and any products made from it are banned

Importation of birds, cats, dogs, monkeys and turtles is controlled by U.S. Public Health Service and Animal & Plant Health Inspection Service

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Obscene, Immoral & Obscene, Immoral & Seditious Matter & Lottery Seditious Matter & Lottery

TicketsTickets Book, writing, advertisement, circular or

picture advocating treason or insurrection against the U.S. or any threat to any person in the U.S. is banned

Articles, immoral or obscene or drug or medicine for causing unlawful abortion are banned

Lottery tickets are denied importation into the U.S. unless printed in Canada

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Petroleum and Petroleum Petroleum and Petroleum ProductsProducts

No import license required Fees collected by U.S. Dept of

Energy

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Products of Convict or Products of Convict or Forced Labor & Child LaborForced Labor & Child Labor

Articles produced, mined or manufactured by convict labor, forced labor or indentured labor under penal sanctions or forced or indentured child labor are prohibited importation, provided finding has been published that such

merchandise was either being imported or likely to be imported.

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Products of Unfair Products of Unfair CompetitionCompetition

Merchandise is prohibited importation if President finds unfair methods of competition or unfair acts exist Commonly invoked in the case of patent

violation If International Trade Commission (ITC)

investigates and finds unfair methods of competition or unfair acts, it issues an order.

President has 60 days to take action. If no action, ITC order becomes final

President Obamas’ veto ITC rule against Apple in Patent fight between Apple & Samsung

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Artifacts and Cultural Artifacts and Cultural PropertyProperty

Importation prohibited of pre-Columbian monumental and architectural sculptures and murals from Central and South America without export permits from the country of origin.

Importation archeological and ethnographic materials from Bolivia, Cambodia, Cyprus, El Salvador, Guatemala, Honduras, Italy, Mali, Nicaragua, Peru specifically restricted

Also prohibited archeological & ethnographic materials, and articles of cultural property stolen from museums or public monuments.

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Foreign Assets Control Foreign Assets Control Regulations’ RestrictionsRegulations’ Restrictions

The Trading with Enemy Act (TWEA) of 1917

Office of Foreign Assets Control, U.S. Dept of Treasury

Prohibited importation of goods containing components originated from Cuba, Iran, Myanmar, Sudan, North Korea

Iranian foodstuffs, carpets and other floor coverings are allowed into the U.S.

Informational materials are allowed importation such as pamphlets, books, tapes, films or recordings.

Foreign Assets Control Foreign Assets Control Regulations’ RestrictionsRegulations’ Restrictions

Sanctions on individuals and entities involved in:– Illegal diamond trading

– Terrorist activities

– Narcotics trafficking

– Proliferation of weapons of mass destruction

– Acts of violence

– Threatening international stabilization efforts

– Crimes against humanity

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Alcoholic BeveragesAlcoholic Beverages Must obtain first Importer's basic permit from

Bureau of Alcohol, Tobacco and Firearms (BATF) Importer must have liquor wholesale license from

State government Importation of alcoholic beverages in the mail is

prohibited Metric system of measure except malt beverages Each bottle, cask or other immediate container:

Country of origin of alcoholic beverages contained therein

Labels affixed to bottles must be approved by BATF & certificate of approval or copy must be filed with U.S. Customs & Border Protection (CBP).

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Alcoholic BeveragesAlcoholic Beverages Also subject to requirements of FDA Health warning:

Do not drink alcoholic beverages during pregnancy because of the risks of birth defects & driving a car or operating machinery

Drinking impairs the ability to drive a car or operate machinery, and may cause health problems

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Motor Vehicles & Vehicle Motor Vehicles & Vehicle EquipmentEquipment

(1) Safety and Bumper Standards Must meet Federal Motor Vehicle Safety

Standards and bumper standards in effect when being manufactured.

Manufacturer's certification affixed to vehicle is accepted as compliance

Noncertified or nonconforming vehicle: 150 percent bond & compliance within 120 days by DOT registered shop

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Motor Vehicles & Vehicle Motor Vehicles & Vehicle EquipmentEquipment

(2) Emission Standards Must meet emission standards set by

U.S.EPA under Clean Air Act

a. U.S. Version Vehicles • Have a label in the engine compartment

certifying that the vehicle conforms to U.S. EPA emission requirements at the time of manufacture

b. Non-U.S. Version Vehicles • Individuals are not allowed to import

non-U.S. version vehicles • Can be imported only by EPA-certified

Independent Commercial Importer (ICI)

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Boats and Boats EquipmentBoats and Boats Equipment(1) Boat Safety Standards

Subject to safety regulations and standards by the U.S. Coast Guard

Compliance certificate to be affixed to the product

(2) Dutiability Vessels imported into the U.S. for use in trade

or commerce are not dutiable. Yachts or pleasure boats are dutiable.

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Boats and Boats EquipmentBoats and Boats Equipment

(3) Restrictions on Use Merchant Marine Act (Jones Act) of 1920

prohibits the use of foreign-built or foreign flag vessels in the coastwise trade, i.e., transportation for merchandise or passengers between points in the U.S. including carrying fishing parties for hire.

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Penalties for Violation of Trade Penalties for Violation of Trade LawsLaws

1. Civil Fraud Statute Entering merchandise into the U.S. by false

statements is subject to monetary penalty. Merchandise may be seized to insure payment of penalty

Violating Money Laundering Control Act: Greater of $10,000 or value of transaction

Violation of the Trading With Enemy Act: From $11,000 to $1 million

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Penalties for Violation of Trade Penalties for Violation of Trade LawsLaws

2. Criminal Fraud Statute Presenting false information to U.S. Customs

officer: 2 years' imprisonment or a fine of $5,000 or both

Violation of Money Laundering Control Act & Anti-Drug Abuse Act: 20 years’ imprisonment or a fine of $500,000 or both

Violation of the Trading with Enemy Act: 10 to 30 years imprisonment or a fine of $50,000-$1,000,000 or both