How to Import into the US

Washington, D.C. The number of companies certified to file electronic manifests (e-Manifests) with U.S. Customs and Border Protection (CBP) via Electronic Data Interchange (EDI) tripled this week, from 41 to 126 companies. There are currently 113 truck carriers and 15 service bureaus certified to use EDI to file e-Manifests. “This puts adoption of the e-Manifest capability on the fast track and will help ensure smooth operations when we make e-Manifest mandatory later this year,” said CBP Cargo Systems Program Office Executive Director Louis Samenfink. “We are now seeing private industry service providers become certified to file e-Manifests through EDI for their clients, which quickly opens the process to a whole new range of carriers who use third party services to submit their CBP filings.”

The e-Manifest capability is available to truck carriers at all ports using the Automated Commercial Environment (ACE), the next generation of technology designed to enhance national border security and expedite lawful trade. The U.S. government does not charge fees to file e-Manifests, but carriers may choose to have certified service providers file submissions on their behalf, for a fee determined by the service provider. Certified service bureaus/software developers are listed under “ACE Electronic Truck Manifest Information,” http://www.cbp.gov/xp/cgov/toolbox/about/modernization/.

Time Saving System

ACE e-manifest for trucks is a powerful, time saving tool. Truck carriers can submit an e-Manifest through the web-based ACE Secure Data Portal or via CBP approved Electronic Data Interchange (EDI) procedures. The portal is essentially a customized computer screen similar to a Web site home page that connects CBP, the trade community, and other participating government agencies by providing a single, integrated, on-line access point for communications and information. With a one-screen system, filing is easy and data can be stored and reused, requiring less data entry time for truck carriers. The U.S. government does not charge fees to use the ACE Secure Data Portal, but requires companies to establish accounts to use the portal, for which Internet access is required.

How e-Manifest works

When a truck approaches the primary booth, transponder technology similar to that of a toll-paying device may be used to signal the truck’s arrival. The e-Manifest is automatically retrieved along with the matching pre-filed entries, in-bond requests and other release declarations for the CBP officer to view and process. In addition, by establishing and using an ACE portal account, carriers can track the status of their trips and generate a wide variety of reports. This enables carriers to identify trends to plan future courses of action and achieve better results for their company.

Reap e-manifest advantages now and later

There are currently 44 ACE ports in the states of Arizona, Michigan, Minnesota, New Mexico, North Dakota, Texas, and Washington. CBP is working diligently to finish deployment at all 91 land-border ports and encourages truck carriers to establish ACE truck carrier accounts now to ensure smooth border operations when electronic manifests are mandated at all land ports, beginning later this year, on a port-by-port basis. Carriers may contact a broker or service provider to discuss how e-Manifests can be filed. Nearly 2,000 e-Manifests have been filed to date. Eventually ACE will reach all ports and e-Manifest capabilities will be extended to air, rail, and sea cargo processing in the coming years.

Washington, D.C. U.S. Customs and Border Protection (CBP) targeted approximately 40 shipments at the Buffalo Port of Entry during January 2006. CBP Import Specialists and CBP officers participated in a two-week blitz targeting textile and wearing apparel merchandise coming into the United States by truck from Canada. Significant violations discovered during this special enforcement operation included inaccurate marking, merchandise misclassification to avoid visa/quota restrictions, new clothing presented as used or worn, and a number of Intellectual Property Rights (IPR) violations. The seizure of the merchandise is valued at approximately $56,000.

“These special operations are necessary for CBP to maintain a robust trade enforcement program and to ensure compliance with laws and regulations governing all imports,” said Jayson P. Ahern, Assistant Commissioner for the Office of Field Operations. “CBP’s enforcement efforts not only protects the revenue, but also the U.S. consumer.”

Textiles entering the United States account for 43 percent of all duties collected. CBP ranks second to the Internal Revenue Service as a source of revenue for the Federal Government. One of CBP’s missions is to protect the nation’s revenue by assessing and collecting duties, taxes, and fees incident to international traffic and trade. On average, CBP collects $81,834,000 in fees, duties, and tariffs every day. CBP Import Specialists with specialized commodity knowledge analyze and review textile and other merchandise imports for possible violations.

Because CBP officers are stationed at all ports of arrival in the United States, including Puerto Rico, they are called upon to enforce laws and regulations of other government agencies.
A license or permit from the responsible agency may be necessary to import:

• alcoholic beverages
• animal and animal products
• certain drugs
• firearms and ammunition
• fruits, nuts
• meat and meat products
• milk, dairy, and cheese products
• plants and plant products
• poultry and poultry products
• petroleum and petroleum products
• vegetables

There are also restrictions on the importation of certain trademarked and copyrighted articles. (For further information see Customs Publication No. 549 U.S. Customs and Protection of Intellectual Property Rights.)
Certain items in these categories may also be prohibited.
The following items must comply with applicable regulations of other agencies:

• art materials
• cultural property
• hazardous/toxic/flammable materials
• household appliances
• some electronics products
• toys and children’s articles

Most of the above items are regulated, variously, by:
Bureau of Alcohol, Tobacco, and Firearms
Washington, DC 20226
(202) 927-8110 (alcoholic beverages)
(202) 927-8320 (arms and ammunition)
Animal and Plant Inspection Service
(Animals/animal products)
USDA-APHIS-VS
Hyattsville, MD 20782
(301) 734-7885
Animal and Plant Inspection Service
(Plants/plant products)
USDA-APHIS-PPQ
Hyattsville, MD 20782
(301) 734-8896
U.S. Fish and Wildlife Service
Office of Management Authority
4401 N. Fairfax Drive, VA 22203
(703) 358-2104
Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857
(301) 443-6553
Consumer Product Safety Commission
Office of Compliance
4330 East West Highway
Bethesda, MD 20814
(301) 504-0608
Today, an increasing number of goods and products such as textiles, clothing, automobiles, boats, radios, CD players, television sets, and medical devices, are subject to special standards, declarations, certification, marking or labeling requirements.
Other merchandise must be examined for fitness of use, freedom from contamination, or may be subject to quotas on the quantity imported.
All these requirements must be met before the merchandise may be released by Customs. Finally, many categories of goods are subject to quota or visa restrictions. Please see our brochure Import Quotas for a complete list.
Foreign Assets Control
U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers; the Taliban, and areas of Afghanistan controlled by the Taliban. Vessels and aircraft under the registry, ownership, or control of sanctions targets may not import merchandise into the United States. The importation of Cuban cigars or Iranian carpets is subject to certain restrictions. Contact your local Customs office. Diamonds may not be imported from Angola without a certificate of origin or other documentation that demonstrates to Customs authorities that they were legally imported with the approval of the Angola Government of Unity and National Reconciliation.

Within 90 days after the date of liquidation or other decision, an importer or consignee may protest the decision and receive an administrative review. The protest is filed with the port director whose decision is being protested. At the time the initial protest is filed, the importer or consignee must make a request for further review if one is desired. Review of the port director’s decision by the Customs Service Center or Headquarters is then automatic. Notice of the denial of all or part of the protest will be mailed to the person filing the protest or to his agent. Any person whose protest has been denied may contest the denial by filing a civil action in the United States Court of International Trade.

Imported goods may be sent in-bond from the first port of arrival to another Customs port. In-bond entries postpone final Customs formalities including payment of duty and processing fees, until the goods arrive at the final port. Arrangements for in-bond shipments should be made before the goods leave the country of export.

Imported merchandise may also be sent to a bonded warehouse under a warehouse entry. Duties and processing fees are not paid on warehoused merchandise until the goods are withdrawn for consumption. Storage fees are paid to the warehouse proprietor by the importer.

Shipments by mail which do not exceed $2000 in value, whether commercial or noncommercial importations (except for commercial shipments of textiles from all countries and made-to-measure suits from Hong Kong, regardless of value), are entered under a mail entry prepared by a Customs officer after the Postal Service submits the package for Customs examination. The parcel is delivered to the addressee by the Postal Service and is released upon the payment of duty, which is shown on the mail entry accompanying the package. A postal handling fee will also be collected from the addressee at the time the package is delivered. This handling fee is not charged on packages sent through military mail channels.

A formal entry is required for any mail shipment exceeding $2000 in value. Formal entry is also required, regardless of value, for commercial shipments of textiles from all countries and made-to-measure suits from Hong Kong. Certain other articles valued over $250 require a formal entry (billfolds, footwear, fur, gloves, handbags, leather, luggage, plastics, rubber, textiles, toys, games and sports equipment, etc.) If formal entry is required on a parcel, the parcel is held at the Customs international mail branch and notice is sent to the addressee of the package’s arrival. The addressee can then go to the nearest Customs office to file the formal entry on the package. An entry must be filed in the same manner as for shipments arriving by vessel or airfreight. Once the mail branch has been notified that entry has been filed, the package will be released to the postal service and forwarded to its final destination.

WILDLIFE AND PETS

32. Wildlife and Pets. The importation of live wildlife (i.e., game animals, birds, plants) or any part or product made therefrom, and the eggs of birds, 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.

On or after January 1, 1981, most firms (with some significant exceptions) importing or exporting wildlife must obtain a license from the Fish and Wildlife Service. Applications and further information may be obtained from the U.S. Fish and Wildlife Service, Assistant Regional Director for Law Enforcement, for the state 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, Room 420(c), Arlington, Virginia 22203 or by calling 1-800-358-2104.

Antique articles (100 years of age or older) 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 additional 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 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 of International Trade in Endangered Species (CITES) may apply. Prior to import, both agencies should be contacted to learn the exact permit requirements.

Regulations to implement the Convention on International Trade in Endangered Species Wild Fauna and Flora came into effect on May 23, 1977. Certain mammals, birds, reptiles, amphibians, fish, snails, clams, insects, crustaceans, mollusks, other invertebrates and plants may be prohibited without the prior issuance of a permit which may be obtained from the Fish and Wildlife Service, Office of Management Authority.

The importation into the United States of any wild animal or bird is prohibited if the animal or bird was captured, taken, shipped, possessed, or exported contrary to the law of the foreign country or subdivision thereof. In addition, no wild animal or bird from any foreign country may be taken, purchased, sold or possessed contrary to the laws of any state, territory, or possession of the United States.

The importation of feathers or skins of any bird, except for scientific and education 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, noncommericial 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 (ACT) became effective. The ACT focuses on bird species listed in the Appendices to the Convention on International Trade in Endangered Species (CITES). If you import birds, you must meet the requirements of this new law in addition to the existing requirements of CITES, the Endangered Species Act, the Migratory Bird Treaty Act, or other applicable regulations. Import permits must be obtained from the U.S. Fish and Wildlife Service.

Live birds protected under the Migratory Bird Treaty Act may be imported into the United States from foreign countries for scientific or propagating purposes only under permits issued by the U.S. Fish and Wildlife Service.

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 before importation. Prior to exportation, health certificates need to be obtained. Any questions should be directed 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, Georgia 30333, and the Veterinary Services of the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture, Hyattsville, Maryland 20782.

The importation of turtles with carapace length of less than four inches and psittacine birds are subject to the requirements of the U.S. Department of Agriculture and the Fish and Wildlife Service.

TRADEMARKS, TRADE NAMES, AND COPYRIGHTS

30. Trademarks and Trade Names. Articles bearing countereit trademarks, or marks which copy or simulate a registered trademark of a United States or foreign corporation are prohibited importation, provided that a copy of the U.S. trademark registration is filed with the Commissioner of Customs and recorded in the manner set by regulations (19 CFR 133.1-133.7.). the U.S. Customs Service also affords similar protection against unauthorized shipments bearing trade names which are recorded with Customs pursuant to regulations (19 CFR part 133, Subpart B). It is also unlawful to import articles bearing genuine trademarks owned by a U.S. citizen or corporation without permission of the U.S. trademark owner, if the foreign and domestic trademark owners are not parent and subsidiary companies or otherwise under common ownership and control, provided the tradmark has been recorded with the U.S. Customs Service. (15 U.S.C. 1124; 19 U.S.C. 1526).

The Customs Reform and Simplification Act of 1978 strengthened the protection afforded trademark owners against the importation of articles bearing a counterfeit mark. A “counterfeit trademark” is defined as a spurious trademark which is identical with, or substantially indistiguishable from, a registered trademark. Articles bearing a counterfeit trademark which are seized by Customs and forfeited to the government may be (1) given to any Federal, state. or local government agency which has established a need for the article; (2) given to a charitable institution; or (3) sold at public auction if more than 1 year has passed since forfeiture and no eligible organization has established a need for the article. The counterfeit marks must be removed before the forfeited articles may be given away or sold. If this is not feasible, the articles are destroyed. The law also provides an exemption from all restrictions on trademarked articles (limited to one of each type) accompanying a person arriving in the United States when the articles are for personal use and not for sale.

31. Copyrights. Section 602(a) of the Copyright Revision Act of 1976 (17 U.S.C. 602(a) provides that the importation into the United States of copies of a work acquired outside the United States without authorization of the copyright owner is an infringement of the copyright. Articles imported in violation of the import prohibitions are subject to seizure and forfeiture. Forfeited articles shall be destroyed; however, the articles may be returned to the country of export whenever Customs is satisfied that there was no intentional violation. The substantial similarity test is employed to determine if a design has been copied. Copyright owners seeking import protection from the U.S. Customs Service register their claim to copyright with the U.S. Copyright Office and record their registration with Customs in accordance with applicable regulations (19 CFR Part 133, Subpart D).

PESTICIDES, TOXIC, AND HAZARDOUS SUBSTANCES

24. Pesticides. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended, 1988, provides the statutory authority governing the importation of pesticides and devices into the United States. Promulgated under section 17(c) of this authority, the U.S. Customs Service regulations at 19 CFR Parts 12.112-.117 describe the procedure governing the importation of pesticides and devices. Among the requirements described in these regulations, importers must submit a Notice of Arrival that has been submitted for review and approved by the EPA prior to the importation. Pesticides must be registered in accordance with FIFRA section 3 or they will be refused entry into the United States. Devices are not subject to product registration, but the labeling of both pesticides and devices must bear the producer establisment number registered with the EPA. In addition, pesticides and devices will be refused entry if they are identified as adulterated or misbranded; if they in any other way violate the provisions of FIFRA, or if they are otherwise injurious to an individuals health or the environment.

25. Toxic Substances. The Toxic Substances Control Act, (TSCA), effective January 1, 1977, regulates the manufacturing, importation, processing, distribution in commerce, use or disposal of any chemical substances or mixtures that are broadly defined in section 3 of TSCA. Section 3 specifies that certain substances are excluded from the definition of “chemical substance” based upon their use. These substances include, but are not limited to, foods, drugs, cosmetics, and active ingredients in pesticides. Importations will not be released from Customs custody unless proper certification that the import “complies with” or “is not subject to” the requirements of the Toxic Substances Control Act and is presented to Customs, or if it is already identified as a food, drug, or active pesticide ingredient. To obtain further information concering this matter, contact the Environmental Protection Agency’s TSCA Assistance Information Service at (202) 554-1404.

26. Hazardous Substances. The importation into the United States of dangerous caustic or corrosive substances in packages suitable for household use and of hazardous substances is regulated by the Hazardous Substance Act; the Caustic Poison Act; the Food, Drug and Cosmetics Act; and the Consumer Product Safety Act. The marketing, labeling, packaging, and transportation of hazardous materials, substances, wastes and their containers is regulated by the Office of Harzardous Materials Transportation of the Department of Transportation, Washington, D.C. 20590. Hazardous waste is a special sub-category of hazardous substances and is regulated by the Resource Recovery and Conservation Act (RCRA), which requires a special EPA manifest for both imports and exports.

TEXTILE, WOOL, AND FUR PRODUCTS

27. Textile Products. All textile fiber products imported into the United States shall be stamped, tagged, labeled, or otherwise marked with the following information as required by the Textile Fiber Products Identification Act, unless exempted from marking under section 12 of the Act.

• The generic names and percentages by weight of the constituent fibers present in the textile fiber product, exclusive of permissive ornamentation, in amounts of more than five percent in order of predominance by weight, with any percentage of fiber or fibers required to be designated as “other fiber” or “other fibers” appearing last. Fibers present in amounts of five percent or less must be designated as “other fibers.”
• The name of the manufacturer or the name or registered identification number issued by the Federal Trade Commission of one or more persons marketing or handling the textile fiber product. A word trademark, used as a house mark, registered in the United States Patent Office, may be on labels in lieu of the name otherwise required if the owner of such trademark furnishes a copy of the registration to the Federal Trade Commission prior to use.
• The name of the country where processed or manufactured.

For the purpose of the enforcement of the Textile Fiber Products Identification Act, a commercial invoice covering a shipment of textile fiber products exceeding $500 in value and subject to the labeling requirements of the Act is required to show the information, in addition to that ordinarily required on the invoices.

Regulations and pamphlets containing the text of the Textile Fiber Products Identification Act may be obtained from the Federal Trade Commission, Washington, D.C. 20580.

28. Wool. Any product containing woolen fiber imported into the United States, with the exception of carpet, rugs, mats, upholsteries, and articles made more than 20 years prior to importation, shall be tagged, labeled, or otherwise clearly marked with the following information as required by the Wool Products Labeling Act of 1939:

• The percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding five percent of the total fiber weight of (1) wool, (2) recycled wool, (3) each fiber other than wool if the percent by weight of such fiber is five percent or more, and (4) the aggregate of all other fibers.
• The maximum percent of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter.
• The name of the manufacturer or person introducing the product in commerce in the United States; i.e., the importer. If the importer has a registered identification number issued by the Federal Trade Commission, that number may be used instead of the indiviual’s name.

For the purpose of the enforcement of the Wool Products Labeling Act, a commercial invoice covering a shipment of wool products exceeding $500 in value and subject to the labeling requirements of the act.

The provisions of the Wool Products labeling Act apply to products manufactured in the United States as well as to imported products.

Pamphlets containing the text of the Wool Products Labeling Act and the regulations may be obtained from the Federal Trade Commission, Washington, D.C. 20580.

29. Fur.. Any article of wearing apparel imported into the United States and made in whole or in part of fur or used fur, with the exception of articles made of new fur of which the cost or manufacture’s selling price does not exceed $7, shall be tagged, labeled, or otherwise clearly marked to show the following information as required by the Fur Products Labeling Act.

• The name of the manufacturer or person introducing the product in commerce in the United States; i.e., importer. If the importer has a registered identification number, that number may be used instead of the individual’s name.
• The name or names of the animal or animals that produced the fur as set forth in the Fur Products Name Guide and as determined under the rules and regulations.
• That the fur product contains used or damaged fur where such is the fact.
• That the fur product is bleached, dyed, or otherwise artificially colored when such is the fact.
• That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur when such is the fact.
• The name of the country of origin of any imported furs contained in a fur product.

For the purpose of enforcement of the Fur Product Labeling Act, a commercial invoice covering a shipment exceeding $500 in value of furs or fur products is required.

The provisions of the Fur Products Labeling Act apply to fur and fur products in the United States as well as to imported furs and fur products. Regulations and pamphlets containing the text of the Fur Products Labeling Act may be obtained from the Federal Trade Commission, Washington, D.C. 20580.