OTHER MISCELLANEOUS PROHIBITED OR RESTRICTED MERCHANDISE

33. 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: Cuba, Iran, Iraq, Libya, North Korea, and the Federal Republic of Yugoslavia (Serbia and Montenegro). These restrictions apply to the country of origen, regardless of where the item was purchased. An Iranian rug purchased in England, for example, is still prohibited. In addition, it must be noted that origin can be conferred by entering the commerce of a sanctioned country: an American-made television that has been used in Iran may be considered to be of Iranian origin if returned to the United States.

The proscriptions do not apply to informational materials such as pamphlets, books, tapes, films, or recordings, except those from Yugoslavia or Iraq.

Specific licenses are required to bring prohibited merchadise into the United States, but they are rarely granted. Foreign visitors to the United States, however, may usually be permitted to bring in small articles for personal use as accompanied baggage, depending upon the goods’ country of origin.

Travelers should be aware of certain travel restrictions that may apply to these countries. Because of the strict enforcement of these prohibitions it is highly recommended that those anticipating foreign travel to any of the countries listed above should write in advance to the Office of Foreign Assets Control, Department of the Treasury, Washington, D.C. 20220, or call (202) 622-2500 for further information and guidance.

34. Obscene, Immoral, and Seditious Matter. Section 305, Tariff Act of 1930, as amended, restricts the importation of any book, writing, advertisement, circular, or picture containing any matter advocating or urging treason or insurrection against the United States, or forcible resistance to any law of the United States, or containing any threat to take the life of or inflict bodily harm upon any person in the United States, or any obscene book, writing, advertisement, circular, picture or other representation, figure, or image on or of paper or other material, or any instrument, or other article which is obscene or immoral, or any drug or medicine for causing unlawful abortions unless otherwise authorized by law (e.g., FDA approved).

35. Petroleum and Petroleum Products. Importations of petroleum products are subject to the requirements of the Department of Enegy. An import license is no longer required, but an import authorization may be needed. These importations may be subject to an oil import license fee collected and administered by the Department of Energy. Inquiries should be directed to the Department of Energy, Washington, D.C. 20585.

36. Products of Convict or Forced Labor. Merchandise produced, mined, or manufactured by means of the use of convict labor, forced labor, or indentured labor under penal sanctions is prohibited importation, provided a finding has been published pursuant to section 12.42 of the Customs Regulations (19 CFR 12.42), that certain classes of merchandise from a particular country, produced by convict, forced, or indentured labor, were eithter being, or are likely to be, imported into the United States in violation of section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307).

37. Unfair Competition. Section 337 of the Tariff Act, as amended, prohibits the importation of merchandise if the President finds that unfair methods of competion or unfair acts exists. This section is most commonly invoked in the case of patent violations, although a patent need not be at issue. Prohibition of entries of the merchandise in question generally is for the term of the patent, although a different term may be specified.

Following a section 337 investigation, the International Trade Commission may find that unfair methods of competition or unfair acts exist with respect to the importation of certain merchadise. After the International Trade Commission has issued an order, the President is allowed 60 days to take action; should the 60 days expire without Presidential action, the order becomes final. During the 60-day period or until the President acts, importation of the merchadise is allowed under a special bond but it must be recalled by Customs if appropriate under the conditions of the order when it becomes final. If the President determines that entry of the merchandise is not in violation of section 337, the bond is canceled.

38. Machine Tools. Certain types of machine tools from Japan and Taiwan are subject to Voluntary Restraint Arrangements (VRAs) negotiated by the United States Trade Representative and the individual countries. These are agreements by which the level of exports of the covered products are voluntarily limited by the exporting country. The VRAs are administered by the Department of Commerce and presentation of an export certificate or license by the country of origin is a condition of entry.