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

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TRADEMARKS, TRADE NAMES, AND COPYRIGHTS 37. Trademarks and Trade Names. Articles bearing counterfeit trademarks are subject to seizure and forfeiture. A counterfeit trademark is defined as a spurious trademark that is identical with, or substantially indistinguishable from, a registered trademark. Marks that copy or simulate a registered trademark that has been recorded with Customs are subject to detention and possible seizure and forfeiture. The importation of “parallel” or “gray market” goods is restricted where the registered trademark has been recorded with Customs and gray-market protection has been afforded. In such instances, gray-market merchandise is subject to detention and possible seizure and forfeiture. The U.S. Customs Service also affords similar protection against unauthorized shipments bearing trade names that are recorded with Customs pursuant to regulations. A personal exemption for merchandise bearing an infringing mark is provided for articles accompanying any person arriving in the United States when such articles are for his or her personal use and not for sale. Only one infringing item of each type bearing a registered trademark is permitted. An individual may take advantage of this exemption only once within a 30-day period (19 U.S.C. 1526 (d); 19 CFR 148.55). 38. Copyrights. Articles imported into the United States that are piratical of a registered copyright are subject to seizure and forfeiture. WILDLIFE AND PETS 39. Wildlife and Pets. The importation of live wildlife (i.e., game animals, birds, plants) or any part or product made therefrom, and of birds’ eggs, 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. Any commercial importer or exporter (with some exceptions) importing or exporting wildlife must obtain a license from the Fish and Wildlife Service. Applications and further information may be obtained from the Fish and Wildlife Service, Assistant Regional Director for Law Enforcement, for the region 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, Arlington, VA 22203, or by calling 1.800.358.2104. Antique articles (at least 100 years old) 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 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 (NMFS) 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 on International Trade in Endangered Species (CITES) may apply. Prior to importing, both agencies should be contacted to learn the exact import requirements. Other NMFS import requirements may also apply for certain species covered by the International Commission for the Conservation of Atlantic Tunas, e.g., Atlantic bluefin tuna. Certain mammals, birds, reptiles, amphibians, fish, snails, clams, insects, crustaceans, mollusks, other invertebrates and plants may be prohibited entry without the prior issuance of a permit either from the foreign wildlife authority or from the Fish and Wildlife Service, Office of Management Authority. IMPORTING INTO THE UNITED STATES 81
The importation into the United States of any wildlife, their parts or products is prohibited if the wildlife was captured, taken, shipped, or possessed contrary to the laws of the foreign country. The importation of feathers or skins of any bird, except for scientific and educational 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, noncommercial 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 became effective. This act focuses on live bird species listed in the Appendices to the Convention on International Trade in Endangered Species (CITES). Now, if you import live birds, you must meet the requirements of this law in addition to existing requirements of CITES, the Endangered Species Act, the Migratory Bird Treaty Act, or other applicable regulations. Import permits must be obtained from the Fish and Wildlife Service, Office of Management Authority. Live birds, their parts and products that are protected under the Migratory Bird Treaty Act may be imported into the United States for scientific purposes or certain propagating purposes only under permits issued by the Fish and Wildlife Service, Office of Migratory Birds, located in the region where the importation will occur or where the importer resides. 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 in advance of import. Prior to export, health certificates must be obtained. Inquiries should be addressed 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, GA 30333; of the Veterinary Services of the Animal and Plant Health Inspection Service, Department of Agriculture, Hyattsville, MD 20782; and of the U.S. Fish and Wildlife Service. The importation of live turtles, tortoises, and terrapins with a carapace length of less than four inches, and the viable eggs of turtles, tortoises and terrapins, is allowed by the U.S. Public Health Service only under strict requirements as to purpose and quantity. The U.S. Public Heath Service does not allow the importation of live, non-human primates, including monkeys, as pets. OTHER MISCELLANEOUS PROHIBITED OR RESTRICTED MERCHANDISE White or yellow phosphorus matches, fireworks banned under federal or state restrictions, pepper shells, switchblade knives, and lottery tickets are prohibited. 40. 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: Taliban (Afghanistan), Cuba, Iran (see note below), Iraq, Libya, Serbia (see note below), and Sudan. These restrictions apply to the country of origin, regardless of where the item was acquired. These proscriptions do not apply to informational materials such as pamphlets, books, tapes, films, or recordings, except those from Iraq. There are also strong restrictions on the importation of rough diamonds from Sierra Leone, Angola, and Liberia. Contact your local port for more information on these so-called “conflict diamonds.” 82 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
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INFORMED COMPLIANCE 6. DEFINITION I
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4. If you purchased the merchandise
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8. Have you questioned your supplie
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If the invoice or entry does not di
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charges, and commissions be truthfu
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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 72 and 73: unless marked in exact conformity w
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 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
Page 122 and 123: U.S. Public Health Service Centers
Page 124: TRADITION ★ SERVICE ★ HONOR ★
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