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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
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
(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
(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
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.
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
(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
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