Commercial Information Circulars

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Ref :EIC 111/2

26 March 2010

Dear Sirs,

Commercial Information Circular No. 137/2010

US : Final Rule on Prohibitions and Conditions for Importation of Burmese and Non-Burmese Covered Articles of Jadeite, Rubies, and Articles of Jewelry Containing Jadeite or Rubies

The US Customs and Border Protection (CBP) published in the Federal Register (FR) notice of 23 March 2010 a final rule to implement the prohibitions and conditions for importation of Burmese and non-Burmese covered articles of jadeite, rubies, and articles of jewelry containing jadeite or rubies. The final rule will be effective on 22 April 2010. A copy of the FR notice is at Annex A (pdf format) for reference.

DETAILS

2. On 29 July 2008, the US President signed into law the US Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (JADE Act). Section 6 of the JADE Act amends the US Burmese Freedom and Democracy Act of 2003 by adding a new section 3A that prohibits the importation of jadeite and rubies mined or extracted from Burma, and articles of jewelry containing jadeite or rubies mined or extracted from Burma (Burmese covered articles). Section 3A of the JADE Act also regulates the importation of jadeite and rubies mined or extracted from a country other than Burma, and articles of jewelry containing jadeite or rubies mined or extracted from a country other than Burma (non-Burmese covered articles). The covered articles are classifiable under headings 7103, 7113 or 7116 of the Harmonized Tariff Schedule of the United States (HTSUS). Also, the US President signed the Proclamation 8294 on 26 September 2008 (the Proclamation) to implement the prohibitions and conditions of the JADE Act by adding an additional US Note 4 to Chapter 71, HTSUS. A copy of the Proclamation is at Annex B (pdf format) for reference.
    

3. The CBP published an interim final rule in the FR notice of 16 January 2009 setting forth interim amendments to implement certain provisions of the JADE Act and the Proclamation by prohibiting the importation of Burmese covered articles; and by setting forth conditions for the importation of non-Burmese covered articles. A copy of the interim final rule is at Annex C (pdf format) for reference. The CBP invited public comments on its interim final rule and after review of the comment received, the interim final rule is now being adopted as the final rule. Details of the final rule such as the definitions of Burmese/non-Burmese covered articles, importer and exporter's certification requirements, certain exceptions and recordkeeping requirements are set out in the above FR notices.
    

4. Traders are advised to visit the CBP's website which is available at http://www.cbp.gov/xp/cgov/trade/trade_programs/entry_summary/laws/public_law/ for further information. Traders are also strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

ENQUIRIES

5. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,

(Miss Bonny CHAO)

for Director-General of Trade and Industry




　

Note :

While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.