| Title: | CHINA EMBARGO |
|---|---|
| Date: | 1994-06-07 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROLAND BERNIER
SUBJECT : SAN-CHINA EMBARGO
DATE : 06/07/94
4158111
JUNE 7, 1994
FILE: ENF-1-IC:I DDB
TO : ASSISTANT COMMISSIONERS
REGIONAL COMMISSIONERS
SPECIAL AGENTS IN CHARGE
FROM : ACTING COMMISSIONER
SUBJECT: IMPORTS FROM AND EXPORTS TO THE PEOPLE'S REPUBLIC
OF CHINA OF PROHIBITED DEFENSE ARTICLES
ON MAY 26, 1994, THE PRESIDENT OF THE UNITED STATES DECIDED TO
IMPOSE A BAN ON THE IMPORT OF MUNITIONS FROM THE PEOPLE'S REPUBLIC
OF CHINA (PRC). THE FOLLOWING STEPS, TAKEN PURSUANT TO THE
AUTHORITY OF SECTION 38 OF THE ARMS EXPORT CONTROL ACT AND
EXECUTIVE ORDER 11958, AS AMENDED, WILL BE TAKEN TO IMPLEMENT THE
PRESIDENT'S DECISION.
THE DEPARTMENT OF STATE'S INTERNATIONAL TRAFFIC IN ARMS
REGULATIONS (ITAR) (22 CFR 126.1(A)) AND THE TREASURY DEPARTMENT'S
REGULATIONS ON THE IMPORTATION OF ARMS, AMMUNITION, AND IMPLEMENTS
OF WAR (27 CFR 47.52(A)) BOTH STATE THAT IT IS THE POLICY OF THE
UNITED STATES TO PROHIBIT IMPORTS OF DEFENSE ARTICLES FROM
COUNTRIES THAT ARE SUBJECT TO A U.S. ARMS EXPORT EMBARGO. HOWEVER,
THE PRC WAS EXEMPTED FROM THIS POLICY IN 1989. THIS EXEMPTION HAS
NOW BEEN TERMINATED BY THE US GOVERNMENT. ACCORDINGLY, THE
FOLLOWING ACTIONS SHOULD BE IMPLEMENTED.
ACTIONS:
1. CURRENT ARMS EMBARGO ON EXPORTS TO THE PRC
22 CFR 126.1 BANS THE PERMANENT OR TEMPORARY EXPORT OR
TEMPORARY IMPORT OF DEFENSE ARTICLES ENUMERATED ON THE
U.S. MUNITIONS LIST AT 22 CFR 121.1 AND DEFENSE
SERVICES TO THE PRC.
2. THE NEW ARMS EMBARGO ON IMPORTATIONS FROM THE PRC
ARTICLES ON THE BUREAU OF ALCOHOL TOBACCO AND FIREARMS
(BATF) MUNITIONS IMPORT LIST, WHICH ARE MANUFACTURED,
PRODUCED OR MERELY EXPORTED FROM THE PRC ARE PROHIBITED
FROM IMPORTATION INTO THE UNITED STATES. BATF IS NOT
PROCESSING ANY PERMITS FOR PERMANENT IMPORT OF
ARTICLES. ALL CURRENT PERMITS TO IMPORT ARTICLES FROM
CHINA ARE NULL AND VOID.
3. DATE OF NEW ARMS IMPORTATION EMBARGO
THE ARMS IMPORT EMBARGO IS EFFECTIVE WITH RESPECT TO
APPLICABLE DEFENSE ARTICLES ENTERED, OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION, ON AND AFTER 12:01 A.M.
EASTERN DAYLIGHT TIME, MAY 28, 1994.
MERCHANDISE FOR WHICH A CONSUMPTION ENTRY OR A
WAREHOUSE WITHDRAWAL FOR CONSUMPTION HAS BEEN FILED,
BEFORE THE EFFECTIVE DATE, IS NOT COVERED BY THIS
EMBARGO.
4. AUTHORITY TO IMPOSE ARMS IMPORTATION EMBARGO
THIS IMPORTATION EMBARGO IS AUTHORIZED PURSUANT TO
SECTION 38 OF THE ARMS EXPORT CONTROL ACT AND EXECUTIVE
ORDER 11958, AS AMENDED.
5. IDENTIFIED BATF MUNITIONS IMPORT LIST ARTICLES
THE FOLLOWING IS AN INITIAL LISTING OF THE HARMONIZED
TARIFF SCHEDULE (HTS) NUMBERS COVERED BY THIS
PROHIBITION:
9013.10.1000 9013.10.3000 9013.10.4000
9013.90.2000 9020.00.6000 9020.00.9000
9301.00.3020 9302.00.0000 9303.20.0020
9303.20.0060 9303.20.0080 9303.30.4010
9303.30.4020 9303.30.4030 9303.30.8005
9303.30.8010 9303.30.8015 9303.30.8025
9303.30.8030 9303.90.4000 9303.90.8000
9304.00.2000 9304.00.4000 9304.00.6000
9305.10.2000 9305.10.8000 9305.29.2000
9305.29.4000 9305.29.5000 9305.90.1000
9305.90.3010 9305.90.3030 9305.90.4000
9305.90.5000 9305.90.6000 9306.10.0000
9306.30.4020 9306.30.4030 9306.30.4060
9306.30.8000 9306.90.0040
WE WILL ADVISE ALL CUSTOMS FIELD OFFICES OF UPDATES TO
THIS INITIAL LISTING AS ADDITIONAL ARTICLES ON THE BATF
MUNITIONS IMPORT LIST ARE IDENTIFIED BY THE APPLICABLE
HTS TARIFF NUMBER.
6. ATTEMPTED IMPORT OR EXPORT BY FRAUDULENT MEANS
PROHIBITED ARTICLES ATTEMPTED TO BE IMPORTED OR
EXPORTED BY FRAUDULENT MEANS (E.G., FRAUDULENT ENTRY
DOCUMENTS, ETC.) SHOULD BE SEIZED AND IMMEDIATELY
REFERRED TO THE LOCAL OFFICE OF ENFORCEMENT, AS WELL AS
THE LOCAL FP AND F OFFICER. 7. ATTEMPTED IMPORT OR EXPORT
OTHER THAN BY FRAUDULENT MEANS
PROHIBITED SHIPMENTS NOT INVOLVING FRAUD ARE TO BE
DETAINED. A DETENTION NOTICE SHALL BE GIVEN TO THE
IMPORTER WITHIN FIVE DAYS OF DETENTION. ADDITIONALLY,
A DETENTION REPORT SHALL BE IMMEDIATELY FAXED TO THE
EXODUS COMMAND CENTER, AT (202) 927-2233. THE
DETENTION REPORT SHALL CONTAIN THE FOLLOWING
INFORMATION:
1) COMPLETE DESCRIPTION OF GOODS DETAINED, CONSIGNEE,
IMPORTER, MANUFACTURER, ETC.
(I.E. COPY OF CF3461, INVOICE, MANIFEST, OTHER
AGENCY DOCUMENTATION, ETC.)
2) DATE OF ATTEMPTED IMPORT/ENTRY/WAREHOUSE
WITHDRAWAL OR ATTEMPTED EXPORT FROM THE UNITED
STATES
3) CUSTOMS PORT OF DETENTION
4) NAME, TELEPHONE NUMBER AND FAX NUMBER OF
APPROPRIATE CUSTOMS CONTACT
*** EACH DETENTION REFERRED WILL RECEIVE A REFERRAL
NUMBER; A DETERMINATION OF COVERAGE WILL BE
PROVIDED FROM EITHER BATF OR STATE DEPARTMENT.
8. EXPORTS OF EMBARGOED ARTICLES IMPORTED PRIOR TO THE EMBARGO
THE DEPARTMENT OF STATE HAS AUTHORIZED DISTRICT DIRECTORS OF
CUSTOMS TO PERMIT EMBARGOED ARTICLES THAT FIT INTO THE
FOLLOWING CATEGORIES TO BE RETURNED TO CHINA OR THE COUNTRY
OF ORIGIN WITHOUT FURTHER APPROVAL PROVIDED THAT THE ITEMS
ARE RETURNED PRIOR TO JUNE 30, 1994:
- IMPORTED AND NO ENTRY FILED; OR
- IMPORTED INTO A BONDED WAREHOUSE; OR
- IMPORTED INTO A FOREIGN TRADE ZONE
NO IMPORT ENTRY OF THESE GOODS WILL BE ALLOWED. IF ENTRY IS
ATTEMPTED, REFER TO NUMBERS 6 AND 7 ABOVE.
9. INBOND AND IN-TRANSIT MOVEMENTS OF EMBARGOED ARTICLES
INBOND AND IN-TRANSIT MOVEMENTS OF EMBARGOED ARTICLES ARE
PROHIBITED (I.E., IT, IE, TE, ETC...) AND SUBJECT TO
NUMBERS 6 AND 7 ABOVE, UNLESS THE EMBARGOED ARTICLES ARE
LICENSED BY ODTC FOR EXPORT OR TEMPORARY IMPORT.
QUESTIONS CONCERNING THIS ISSUANCE SHOULD BE DIRECTED TO
CUSTOMS HEADQUARTERS, OFFICE OF INSPECTION AND CONTROL, EXODUS
COMMAND CENTER AT (202) 927-1550.
KAREN J. HIATT