| Title: | CHINA DEFENSE ARTICLES |
|---|---|
| Date: | 1994-10-05 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROBYN DAY
SUBJECT : SAN-CHINA DEFENSE ARTICLES
DATE : 10/04/94
4273071
SEPTEMBER 30, 1994
CATEGORY: SAN CO:TO:TF RD
TO: ASSISTANT COMMISSIONERS, REGIONAL COMMISSIONERS,
SPECIAL AGENTS IN CHARGE, DISTRICT, AREA AND PORT
DIRECTORS
FROM: DIRECTOR, OFFICE OF TRADE OPERATIONS
RE: RELEASE OF DEFENSE ARTICLES FROM CHINA PURSUANT TO
PUBLIC LAW 103-317
PASS TO: ALL CUSTOMS OFFICERS AND OTHER INTERESTED PARTIES
SUCH AS IMPORTERS, BROKERS AND TRADE ASSOCIATIONS
BACKGROUND:
THE RECENTLY ENACTED PUBLIC LAW 103-317 CONTAINS A PROVISION
WHICH STATES THAT ENTRY SHALL NOT BE DENIED INTO THE UNITED
STATES OF ANY GOODS ON THE UNITED STATES MUNITIONS LIST
MANUFACTURED OR PRODUCED IN THE PEOPLE'S REPUBLIC OF CHINA (PRC),
WHICH WERE AUTHORIZED TO BE IMPORTED INTO THE UNITED STATES, ON
OR BEFORE MAY 26, 1994, AND WHICH WERE, ON OR BEFORE MAY 26,
1994, IN A BONDED WAREHOUSE OR FOREIGN TRADE ZONE, IN PORT, OR,
AS DETERMINED BY THE UNITED STATES ON A CASE-BY-CASE BASIS, IN
TRANSIT.
THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (ATF) HAS ISSUED
LETTERS, DATED SEPTEMBER 6, 1994, TO ALL IMPORTERS LICENSEHOLDERS
EXPLAINING THE REQUIREMENTS UNDER WHICH SHIPMENTS OF DEFENSE
ARTICLES MAY BE RELEASED INTO THE COMMERCE OF THE UNITED STATES.
ACTION:
1. THE IMPORTER MUST APPLY FOR A NEW ATF FORM 6, WHICH WILL BE
APPROVED BY ATF ONLY UPON PROVIDING DOCUMENTATION
ESTABLISHING THAT THE FOLLOWING CRITERIA HAVE BEEN MET:
- THE IMPORTER HAD A VALID FORM 6 IMPORT PERMIT FOR THE
ARTICLES WHICH WAS ISSUED ON OR BEFORE MAY 26, 1994;
AND
- ON OR BEFORE MAY 26, 1994, THE ARTICLES WERE IN A
BONDED WAREHOUSE, FOREIGN TRADE ZONE, IN PORT, OR IN
TRANSIT.
2. ATF INTERPRETS THE "IN TRANSIT" PROVISION OF THE LAW TO MEAN
THAT THE ARTICLES LEFT PORT IN CHINA CONSIGNED TO THE
IMPORTER IN THE UNITED STATES ON OR BEFORE MAY 26, 1994.
3. RELEASE AND ENTRY OF THE GOODS WILL BE CONTINGENT UPON THE
IMPORTER PRESENTING A NEW ATF FORM 6, ISSUED AFTER MAY 28,
1994, THUS ENSURING THAT THE GOODS MET THE APPLICABLE
PROVISIONS OF THE NEW LAW OR THE REQUIREMENTS SET FORTH IN
NOTICE NUMBER 4217071, DATED AUGUST 5, 1994.
QUESTIONS CONCERNING IMPORT APPLICATIONS, ATF FORM 6, OR THE
REQUIREMENTS MAY BE DIRECTED TO ATF'S FIREARMS AND EXPLOSIVES
IMPORTS BRANCH AT (202) 927-8320. QUESTIONS REGARDING THIS
NOTICE MAY BE DIRECTED TO U.S. CUSTOMS, TRADE PROGRAMS BRANCH AT
(202) 927-0123 OR 927-3035.
PHILIP METZGER