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

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SPECIAL REQUIREMENTS<br />

37. PROHIBITIONS, RESTRICTIONS,<br />

OTHER AGENCY REQUIREMENTS<br />

The importation of certain classes of merchandise<br />

may be prohibited or restricted to<br />

protect <strong>the</strong> economy and security of <strong>the</strong> <strong>United</strong><br />

<strong>States</strong>, to safeguard consumer health and<br />

well-being, and to preserve domestic plant and<br />

animal life. Some commodities are also subject<br />

to an import quota or a restraint under bilateral<br />

trade agreements and arrangements.<br />

Many of <strong>the</strong>se prohibitions and restrictions<br />

on importations are subject, in addition to Customs<br />

requirements, to <strong>the</strong> laws and regulations<br />

administered by o<strong>the</strong>r <strong>United</strong> <strong>States</strong> government<br />

agencies with which Customs cooperates<br />

in enforcement. These laws and regulations<br />

may, for example, prohibit entry; limit entry to<br />

certain ports; restrict routing, storage, or use; or<br />

require treatment, labeling, or processing as a<br />

condition of release. Customs clearance is given<br />

only if <strong>the</strong>se various additional requirements<br />

are met. This applies to all types of importations,<br />

including those made by mail and those<br />

placed in foreign trade zones.<br />

The foreign exporter should make certain<br />

that <strong>the</strong> <strong>United</strong> <strong>States</strong> importer has provided<br />

proper information to (1) permit <strong>the</strong> submission<br />

of necessary information concerning<br />

packing, labeling, etc., and (2) that necessary<br />

arrangements have been made by <strong>the</strong> importer<br />

for entry of <strong>the</strong> merchandise <strong>into</strong> <strong>the</strong> <strong>United</strong><br />

<strong>States</strong>.<br />

It may be impracticable to list all articles<br />

specifically; however, various classes of articles<br />

are discussed in this chapter. Foreign exporters<br />

and U.S. importers should consult <strong>the</strong> agency<br />

mentioned for detailed information and guidance,<br />

as well as for any changes to <strong>the</strong> laws and<br />

regulations under which <strong>the</strong> commodities are<br />

controlled. Addresses, phone numbers, and<br />

Web sites for <strong>the</strong>se agencies are listed in <strong>the</strong><br />

appendix.<br />

AGRICULTURAL COMMODITIES<br />

1. Cheese, Milk, and Dairy Products. Cheese<br />

and cheese products are subject to requirements<br />

of <strong>the</strong> Food and Drug Administration<br />

and <strong>the</strong> Department of Agriculture. Most<br />

importations of cheese require an import<br />

license and are subject to quotas administered<br />

by <strong>the</strong> Department of Agriculture, Foreign<br />

Agricultural Service, Washington, DC 20250<br />

(see Chapter 39).<br />

The importation of milk and cream is subject<br />

to requirements of <strong>the</strong> Food, Drug and Cosmetic<br />

Act and <strong>the</strong> Import Milk Act. These products<br />

may be imported only by holders of<br />

permits from <strong>the</strong> Department of Health and<br />

Human Services, Food and Drug Administration,<br />

Center for Food Safety and Applied Nutrition,<br />

<strong>Of</strong>fice of Food Labeling (HFS-156), 200<br />

“C” Street NW, Washington, DC 20204; and <strong>the</strong><br />

Department of Agriculture.<br />

2. Fruits, Vegetables, and Nuts. Certain agricultural<br />

commodities (including fresh tomatoes,<br />

avocados, mangoes, limes, oranges, grapefruit,<br />

green peppers, Irish potatoes, cucumbers,<br />

eggplants, dry onions, walnuts and filberts,<br />

processed dates, prunes, raisins, and olives in<br />

tins) must meet <strong>United</strong> <strong>States</strong> import requirements<br />

relating to grade, size, quality, and maturity<br />

(7 U.S.C. 608(e)). These commodities are<br />

inspected and an inspection certificate must be<br />

issued by <strong>the</strong> Food Safety and Inspection Service<br />

of <strong>the</strong> Department of Agriculture to indicate<br />

import compliance. Inquiries on general<br />

requirements should be made to <strong>the</strong> Agricultural<br />

Marketing Service of <strong>the</strong> Department of<br />

Agriculture, Washington, DC 20250. Additional<br />

restrictions may be imposed by <strong>the</strong> Animal and<br />

Plant Health Inspection Service of that department,<br />

Washington, DC 20782, under <strong>the</strong> Plant<br />

Quarantine Act, and by <strong>the</strong> Food and Drug<br />

Administration, Division of Import Operations<br />

IMPORTING INTO THE UNITED STATES<br />

71

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