Importing into the United States - Indo-American Chamber Of ...

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unless marked in exact conformity with these requirements. Movements with opto-electronic display only and cases designed for use therewith, whether entered as separate articles or as components of assembled watches or clocks, are not subject to the special marking requirements. These items need only be marked with the marking requirements of 19 U.S.C. 1304. Parts of any of the foregoing not including those above mentioned. In addition to the special marking requirements set forth above, all watches of foreign origin must comply with the usual country of origin marking requirements. Customs considers the country of origin of watches to be the country of manufacture of the watch movement. The name of this country should appear either on the outside back cover or on the face of the dial. Title IV of the Tariff Suspension and Trade Act of 2000 (P.L. 106-476), also known as the Imported Cigarette Compliance Act of 2000, imposes special requirements on the importation of cigarettes and other tobacco products. Importers of cigarettes or other tobacco products are urged to contact the United States port of entry at which their merchandise will arrive for information about the new requirements. 35. MARKING—FALSE IMPRESSION Section 42 of the Trademark Act of 1946 (15 U.S.C. 1124) provides, among other things, that no imported article of foreign origin which bears a name or mark calculated to induce the public to believe that it was manufactured in the United States, or in any foreign country or locality other than the country or locality in which it was actually manufactured, shall be admitted to entry at any customhouse in the United States. In many cases, the words “United States,” the letters “U.S.A.,” or the name of any city or locality in the United States appearing on an imported article of foreign origin, or on the containers thereof, are considered to be calculated to induce the public to believe that the article was manufactured in the United States unless the name of the country of origin appears in close proximity to the name which indicates a domestic origin. Merchandise discovered after conditional release to have been missing a required country of origin marking may be ordered redelivered to Customs custody. If such delivery is not promptly made, liquidated damages may be assessed against the Customs bond. (See 19 CFR 141.113[a]; cf., 19 CFR Part 172 and Customs Form 4647.) An imported article bearing a name or mark prohibited by Section 42 of the Trademark Act is subject to seizure and forfeiture. However, upon the filing of a petition by the importer prior to final disposition of the article, the port director of Customs may release it upon the condition that the prohibited marking be removed or obliterated or that the article and containers be properly marked; or the port director may permit the article to be exported or destroyed under Customs supervision and without expense to the government. Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) prohibits the entry of goods marked or labeled with a false designation of origin or with any false description or representation, including words or other symbols tending to falsely describe or represent the same. Deliberate removal, obliteration, covering, or altering of required country-of-origin markings after release from Customs custody is also a crime punishable by fines and imprisonment (19 U.S.C. 1304[l]). IMPORTING INTO THE UNITED STATES 69
36. USER FEES Customs user fees were established by the Consolidated Omnibus Budget Reconciliation Act of 1985. This legislation was expanded in 1986 to include a merchandise processing fee. Also in 1986, Congress enacted the Water Resources Development Act, which authorized the Customs Service to collect a harbor maintenance fee for the Army Corps of Engineers. Further legislation has extended the User Fee Program until 2003. The merchandise processing fee (MPF) is 0.21 percent ad valorem on formally-entered imported merchandise (generally entries valued over $2,000), subject to a minimum fee of $25 per entry and a maximum fee of $485 per entry. On informal entries (those valued at less than $2,000), the MPFs are: $2 for automated entries, $6 for manual entries not prepared by Customs, and $9 for manual entries that are prepared by Customs. Effective January 1, 1994, goods imported directly from Canada that qualify under NAFTA to be marked as goods originating in Canada are exempt from the MPF. This applies to all MPF fees: formal, informal, manually prepared, or automated. Goods that do not qualify under NAFTA are subject to all applicable MPFs. Similarly, effective June 30, 1999, goods imported directly from Mexico are exempt from the MPF if the goods qualify under the NAFTA to be marked as goods originating in Mexico. There is no immediate change to the MPF assessed on goods of Mexican origin. However, effective June 30, 1999, the MPF will cease to exist for goods which qualify to be marked as goods of Mexico under NAFTA. The harbor maintenance fee is an ad valorem fee assessed on port use associated with imports, admissions into foreign trades zones, domestic shipments, and passenger transportation. The fee is assessed only at ports that benefit from the expenditure of funds by the Army Corps of Engineers for maintaining and improving the port trade zones. The fee is 0.125 percent of the value of the cargo and is paid quarterly, except for imports, which are paid at the time of entry. Customs deposits the harbor maintenance fee collections into the Harbor Maintenance Trust Fund. The funds are made available, subject to appropriation, to the Army Corps of Engineers for the improvement and maintenance of United States ports and harbors. 70 U.S. CUSTOMS SERVICE
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TRADITION ★ SERVICE ★ HONOR ★
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CONTENTS CHAPTER PAGE CHAPTER PAGE
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SERVICE/AREA PORTS—continued PORT
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DELAWARE Wilmington/Chester DISTRIC
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NORTH FLORIDA 1624 E. Seventh Ave.
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ENTRY OF GOODS 2. ENTRY PROCESS Whe
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■ ■ ■ ■ ■ ■ Fresh fruit
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The limit for these articles is $25
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The X Corporation,_________________
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Tobacco, leaf not stemmed. 59 kilog
Page 21 and 22: INFORMED COMPLIANCE 6. DEFINITION I
Page 23 and 24: 4. If you purchased the merchandise
Page 25 and 26: 8. Have you questioned your supplie
Page 28 and 29: If the invoice or entry does not di
Page 30 and 31: charges, and commissions be truthfu
Page 32 and 33: a binding tariff classification rul
Page 34 and 35: or other commodity containing ethyl
Page 36 and 37: Egypt and certain other countries h
Page 38 and 39: Schedule of the United States will
Page 40 and 41: ELIGIBLE ITEMS The list of benefici
Page 42 and 43: RULES OF ORIGIN For commercial ship
Page 44 and 45: direct costs of processing operatio
Page 46 and 47: (d) If the cost or value of materia
Page 48 and 49: BENEFICIARY COUNTRIES The following
Page 50 and 51: country’s procedures to protect a
Page 52 and 53: 24. UNITED STATES-CARIBBEAN BASIN T
Page 54 and 55: CBTPA beneficiary country’s compe
Page 56 and 57: interested parties have the opportu
Page 58 and 59: If the change required by this dete
Page 60 and 61: at a reduced cost, for use in the p
Page 62 and 63: ■ ■ The costs, commission, valu
Page 64 and 65: Price: The price used is the unit p
Page 66 and 67: included in computed value only to
Page 68 and 69: MARKING 33. COUNTRY OF ORIGIN MARKI
Page 70 and 71: Tiles, not over 1 inch in greatest
Page 74 and 75: SPECIAL REQUIREMENTS 37. PROHIBITIO
Page 76 and 77: enforced by the Food and Drug Admin
Page 78 and 79: ject to specific requirements to pr
Page 80 and 81: 25. Biological Materials and Vector
Page 82 and 83: with the EPA. In addition, pesticid
Page 84 and 85: TRADEMARKS, TRADE NAMES, AND COPYRI
Page 86 and 87: Note regarding Iran: The embargo on
Page 88 and 89: Importers should be advised that on
Page 90 and 91: 400 Seventh Street SW, Washington,
Page 92 and 93: 40. IMPORT QUOTAS An import quota i
Page 94 and 95: ■ ■ ■ ■ ■ ■ ■ ■ 23
Page 96 and 97: FRAUD 41. CIVIL AND CRIMINAL ENFORC
Page 98 and 99: cancellation of orders due to shipp
Page 100 and 101: APPENDIX CONTENTS CHAPTER PAGE 1. I
Page 102 and 103: PRO FORMA INVOICE Importers Stateme
Page 104 and 105: (Jacq), if with Swivel (Swiv), if w
Page 106 and 107: they are not a protection in this s
Page 108 and 109: any case, whether or not in relief;
Page 110 and 111: (9) Supply the weight per square me
Page 112 and 113: chandise by the buyer will accrue d
Page 114 and 115: that is directly applicable to the
Page 116 and 117: 4. OTHER FORMS To the Port Director
Page 118 and 119: A-18 U.S. CUSTOMS SERVICE
Page 120 and 121: A-20 U.S. CUSTOMS SERVICE
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U.S. Public Health Service Centers
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TRADITION ★ SERVICE ★ HONOR ★
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