| Title: | CHINA ARMS EMBARGO |
|---|---|
| Date: | 1994-08-08 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROBYN DAY
SUBJECT : SAN-CHINA ARMS EMBARGO
DATE : 08/05/94
4217071
AUGUST 5, 1994
CATEGORY: SAN CO:TO:TF ET
TO: ASSISTANT COMMISSIONERS, REGIONAL COMMISSIONERS,
SPECIAL AGENTS IN CHARGE, DISTRICT, AREA AND PORT
DIRECTORS
FROM: ACTING ASSISTANT COMMISSIONER
COMMERCIAL OPERATIONS
RE: EMBARGO ON DEFENSE ARTICLES FROM CHINA
PASS TO: ALL CUSTOMS OFFICERS AND OTHER INTERESTED PARTIES
SUCH AS IMPORTERS, BROKERS AND TRADE ASSOCIATIONS
BACKGROUND:
NOTICE NUMBER 4158111, DATED JUNE 8, 1994, PROVIDED INSTRUCTIONS
RELATING TO THE BAN PLACED ON IMPORTS OF DEFENSE ARTICLES FROM
CHINA THAT BECAME EFFECTIVE ON MAY 28, 1994. SECTION 8 OF THESE
INSTRUCTIONS STATED THAT DEFENSE ARTICLES FROM CHINA THAT ARE
SUBJECT TO THE IMPORT RESTRICTIONS MAY BE RETURNED TO CHINA OR
THE COUNTRY OF ORIGIN WITHOUT FURTHER APPROVAL, PROVIDED THE
ITEMS ARE RETURNED PRIOR TO JUNE 30, 1994. SUBSEQUENTLY, THE
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (ATF) ISSUED LETTERS
REVOKING ALL PERMITS TO IMPORT DEFENSE ARTICLES FROM CHINA UNDER
THE ARMS EXPORT CONTROL ACT. DUE TO THE DIFFICULTY ENCOUNTERED
IN MAKING SHIPPING ARRANGEMENTS TO RETURN THE PROHIBITED ARTICLES
TO CHINA OR THE COUNTRY OF ORIGIN, THE JUNE 30, 1994, DEADLINE IS
EXTENDED.
CLARIFICATION:
ARTICLES SUBJECT TO THE IMPORT RESTRICTION ARE THOSE THAT ARE
BROUGHT INTO THE GEOGRAPHICAL TERRITORY OF THE UNITED STATES FROM
A FOREIGN COUNTRY ON OR AFTER MAY 28, 1994. THUS, DEFENSE
ARTICLES WHICH WERE BROUGHT WITHIN THE GEOGRAPHICAL TERRITORY OF
THE UNITED STATES PRIOR TO 12:01 A.M., E.S.T, MAY 28, 1994, E.G.,
IN A FOREIGN TRADE ZONE OR A CUSTOMS BONDED WAREHOUSE, ON THE
DOCK UNENTERED, ARE NOT SUBJECT TO THE IMPORT RESTRICTION.
HOWEVER, IMPORTERS OF SUCH ARTICLES MUST OBTAIN NEW IMPORT
PERMITS FROM ATF.
ACTION:
1. ARTICLES THAT WERE BROUGHT INTO THE GEOGRAPHICAL TERRITORY
OF THE U.S. PRIOR TO MAY 28, 1994, 12:01 A.M., E.S.T., MAY
BE RELEASED, PROVIDED A NEW ATF IMPORT LICENSE IS OBTAINED.
THE DEFINITION OF GEOGRAPHICAL TERRITORY SHALL BE THE PORT
LIMITS OF THE PARTICULAR U.S. PORT AT WHICH THE MERCHANDISE
ARRIVED AND INCLUDES MERCHANDISE IN A FOREIGN TRADE ZONE OR
A CUSTOMS BONDED WAREHOUSE. IN ORDER TO ENSURE RELEASE OF
THIS MERCHANDISE THE IMPORTER MUST PROVIDE TO CUSTOMS
OFFICIALS THE ATF FORM 6, ISSUED AFTER MAY 28, 1994, ALONG
WITH DOCUMENTATION THAT SUPPORTS THE GOODS WERE WITHIN THE
GEOGRAPHICAL TERRITORY OF THE U.S. PRIOR TO MAY 28, 1994.
2. ARTICLES THAT ARRIVED INTO THE GEOGRAPHICAL TERRITORY OF THE
U.S. AFTER MAY 28, 1994, 12:01 A.M., E.S.T., SHOULD BE
RETURNED TO CHINA OR THE COUNTRY OF ORIGIN ON OR BEFORE
AUGUST 31, 1994. NO ADDITIONAL APPROVAL FROM THE STATE
DEPARTMENT WILL BE NECESSARY FOR SUCH RETURNS.
3. IMPORTERS WHO FAIL TO COMPLY WITH EITHER 1 OR 2 ABOVE, AND
HAVE NOT MADE ANY FURTHER ARRANGEMENTS WITH THE DEPARTMENT
OF STATE PRIOR TO THE DEADLINE OF AUGUST 31, 1994, MAY
RETAIN THEIR MERCHANDISE IN A BONDED WAREHOUSE UNTIL AN
EXPORT LICENSE IS OBTAINED. THE IMPORTER MAY ELECT TO HAVE
THE MERCHANDISE DESTROYED UNDER CUSTOMS SUPERVISION. ALL
SHIPMENTS OF DEFENSE ARTICLES FROM CHINA, ARRIVING AFTER
AUGUST 31, 1994, WILL BE SUBJECT TO EXPORTING REQUIREMENTS
ENFORCED BY THE DEPARTMENT OF STATE, AND WILL REQUIRE AN
EXPORT LICENSE.
QUESTIONS REGARDING THIS NOTICE MAY BE DIRECTED TO U.S.
CUSTOMS, TRADE PROGRAMS BRANCH AT (202) 927-0163, 0123 OR 0693.
QUESTIONS CONCERNING IMPORT APPLICATIONS, ATF FORM 6, MAY BE
DIRECTED TO ATF'S FIREARMS AND EXPLOSIVES IMPORTS BRANCH AT (202)
927-8320. QUESTIONS REGARDING EXPORT LICENSES MAY BE DIRECTED TO
THE STATE DEPARTMENT AT (202) 647-8095.
KAREN J. HIATT