Supporrting Regulations

U.S. Customs and Border Protection, DHS; Treasury
sanctions programs currently in effect,
the Office of Foreign Assets Control of
the Department of the Treasury should
be contacted. The address of that office
is 1500 Pennsylvania Ave., NW., Annex
2nd Floor, Washington, DC 20220.
[T.D. 96–42, 61 FR 24889, May 17, 1996]

§ 12.151 Prohibitions and conditions
on importations of jadeite, rubies,
and articles of jewelry containing
jadeite or rubies.
(a) General. The importation into the
United States of jadeite, rubies, and articles of jewelry containing jadeite or
rubies is prohibited or conditioned as
described in this section pursuant to
the Tom Lantos Block Burmese JADE
Act of 2008 (Pub. L. 110–286). For purposes of this section, the following
definitions apply:
(1) Jadeite. ‘‘Jadeite’’ means any
jadeite classifiable under heading 7103
of the Harmonized Tariff Schedule of
the United States (HTSUS);
(2) Rubies. ‘‘Rubies’’ means any rubies
classifiable under heading 7103 of the
HTSUS;
(3) Articles of jewelry containing jadeite
or rubies. ‘‘Articles of jewelry containing jadeite or rubies’’ means any
article of jewelry classifiable under
heading 7113 of the HTSUS that contains jadeite or rubies, or any article of
jadeite or rubies classifiable under
heading 7116 of the HTSUS; and
(4) United States. ‘‘United States’’
means the 50 states, the District of Columbia, and any commonwealth, territory, or possession of the United
States.
(b) Prohibited Articles. The following
articles are prohibited from importation into the United States (see 31 CFR
part 537):
(1) Jadeite mined or extracted from
Burma;
(2) Rubies mined or extracted from
Burma; and
(3) Articles of jewelry containing
jadeite or rubies mined or extracted
from Burma.
(c) Regulated Articles. Jadeite, rubies,
or articles of jewelry containing
jadeite or rubies may not be imported
into the United States unless the importer certifies (see paragraph (d) of
this section) that those jadeite or rubies were mined or extracted from a

§ 12.151

country other than Burma and possesses the documents described in paragraph (e) of this section.
(d) Certification of importer. Pursuant
to Additional U.S. Note 4(a), Chapter
71, HTSUS, if an importer enters any
good (or withdraws any good from
warehouse for consumption) under
heading 7103, 7113, or 7116 of the
HTSUS, the presentation of the entry
serves as a certification by the importer that any jadeite or rubies contained in such good were not mined or
extracted from Burma.
(e) Certification of exporter. If an importer enters (or withdraws from warehouse for consumption) jadeite, rubies,
or jewelry containing jadeite or rubies:
(1) The importer must have in his
possession a certification from the exporter (exporter certification) certifying that the jadeite or rubies were
not mined or extracted from Burma,
with verifiable evidence from the exporter that tracks the jadeite or rubies: In rough form, from mine to exportation; and for finished jadeite, polished rubies, and articles of jewelry
containing jadeite or rubies, to the
place of final finishing; and
(2) The importer must maintain, for a
period of not less than 5 years from the
date of entry of the good, a full record
of, in the form of reports or otherwise,
complete information relating to any
act or transaction related to the purchase, manufacture, or shipment of the
good.
(f) Requirement to provide information.
An importer who enters any good (or
withdraws any good from warehouse
for consumption) under heading 7103,
7113, or 7116 of the HTSUS must provide
all documentation to support the certifications described in paragraphs (d)
and (e) of this section to CBP upon request or be subject to recordkeeping
penalties under part 163 of the chapter.
(g) Inapplicability. This section does
not apply to the following articles:
(1) Jadeite, rubies, and articles of
jewelry containing jadeite or rubies
that are reimported into the United
States after having been previously exported from the United States, including those that accompanied an individual outside the United States for
personal use, if they are reimported

411

VerDate Mar<15>2010

17:08 Apr 28, 2011

Jkt 223059

PO 00000

Frm 00421

Fmt 8010

Sfmt 8010

Q:\19\19V1

ofr150

PsN: PC150

Pt. 18

19 CFR Ch. I (4–1–11 Edition)

into the United States by the same person who exported them, without having
been advanced in value or improved in
condition by any process or other
means while outside the United States;
and
(2) Jadeite or 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 that are imported by or on behalf of an individual for personal use
and accompanying an individual upon
entry into the United States.

18.23 Change of destination; change of
entry.
18.24 Retention of goods on dock; splitting
of shipments.

[CBP Dec. 09–01, 74 FR 2846, Jan. 16, 2009]

MERCHANDISE NOT OTHERWISE SUBJECT TO
CUSTOMS CONTROL EXPORTED UNDER COVER
OF A TIR CARNET

PART 18—TRANSPORTATION IN
BOND AND MERCHANDISE IN
TRANSIT
GENERAL PROVISIONS
Sec.
18.1 Carriers; application to bond.
18.2 Receipt by carrier; manifest.
18.3 Transshipment; transfer by bonded
cartman.
18.4 Sealing conveyances and compartments; labeling packages; warning cards.
18.4a Containers or road vehicles accepted
for transport under customs seal; requirements.
18.5 Diversion.
18.6 Short shipments; shortages; entry and
allowance.
18.7 Lading for exportation, verification of.
18.8 Liability for shortage, irregular delivery, or nondelivery; penalties.
18.9 Examination by inspectors of trunk
line associations or agents of the Surface
Transportation Board.
18.10 Kinds of entry.
18.10a Special manifest.
IMMEDIATE TRANSPORTATION WITHOUT
APPRAISEMENT

EXPORTATION FROM CUSTOMS CUSTODY OF
MERCHANDISE UNENTERED OR COVERED BY
AN UNLIQUIDATED CONSUMPTION ENTRY, OR
MERCHANDISE DENIED ADMISSION BY THE
GOVERNMENT
18.25 Direct exportation.
18.26 Indirect exportation.
18.27 Port marks.
MERCHANDISE TRANSPORTED BY PIPELINE
18.31 Pipeline transportation of bonded merchandise.

18.41
18.42
18.43
18.44
18.45

Applicability.
Direct exportation.
Indirect exportation.
Abandonment of exportation.
Supervision of exportation.

AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff Schedule of the United States), 1551, 1552, 1553,
1623, 1624.
Section 18.3 also issued under 19 U.S.C.
1565;
Section 18.4 also issued under 19 U.S.C.
1322, 1323;
Section 18.7 also issued under 19 U.S.C.
1557; 1646a;
Section 18.10 also issued under 19 U.S.C.
1557;
Section 18.11 also issued under 19 U.S.C.
1484;
Section 18.12 also issued under 19 U.S.C.
1448, 1484, 1490;
Section 18.13 also issued under 19 U.S.C.
1498(a);
Section 18.14 also issued under 19 U.S.C.
1498.
Section 18.31 also issued under 19 U.S.C.
1553a.
SOURCE: 28 FR 14755, Dec. 31, 1963, unless
otherwise noted.

18.11 Entry; classes of goods for which entry
is authorized; form used.
18.12 Entry at port of destination.
SHIPMENT OF BAGGAGE IN BOND
18.13 Procedure; manifest.
18.14 Shipment of baggage in transit to foreign countries.
MERCHANDISE IN TRANSIT THROUGH THE
UNITED STATES TO FOREIGN COUNTRIES
18.20 Entry procedure; forwarding.
18.21 Restricted and prohibited merchandise.
18.22 Procedure at port of exit.

GENERAL PROVISIONS
§ 18.1 Carriers; application to bond.
(a)(1) Merchandise to be transported
from one port to another in the United
States in bond, except as provided for
in paragraph (b) of this section, shall
be delivered to a common carrier, contract carrier, freight forwarder, or private carrier bonded for that purpose,
but such merchandise delivered to a
common carrier, contract carrier, or
freight forwarder may be transported

412

VerDate Mar<15>2010

17:08 Apr 28, 2011

Jkt 223059

PO 00000

Frm 00422

Fmt 8010

Sfmt 8010

Q:\19\19V1

ofr150

PsN: PC150