CSMS Message: 96-001159

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : OGA-TUNA EMBARGO

DATE : 12/17/96

6346111
DECEMBER 12, 1996

RES-1-FO:TC:I:E LW

TO: ALL PORT AND AREA DIRECTORS OF CUSTOMS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: PRIMARY AND SECONDARY YELLOWFIN TUNA EMBARGO/BELIZE ADDED
TO PRIMARY YELLOWFIN TUNA EMBARGO

PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT SPECIALISTS,
ENTRY OFFICERS, IMPORTERS AND IMPORTER AND BROKER
ASSOCIATIONS

THE NATIONAL MARINE FISHERIES SERVICE (NMFS) HAS RECENTLY
ADVISED CUSTOMS HEADQUARTERS THAT BELIZE HAS NOT SATISFAC-
TORILY DEMONSTRATED TO THE UNITED STATES THAT IT HAS IN
PLACE A MARINE MAMMAL PROTECTION PROGRAM THAT IS COMPARABLE
TO THE PROGRAM IN OUR COUNTRY. THE MARINE MAMMAL PROTECTION
ACT (16 U.S.C. 1371(A)(2)) REQUIRES THAT EACH NATION
HARVESTING YELLOWFIN TUNA IN THE EASTERN TROPICAL PACIFIC
OCEAN (ETP) AND EXPORTING YELLOWFIN TUNA TO THE UNITED STATES
HAVE SUCH A PROTECTION PROGRAM IN OPERATION. THEREFORE, PURSUANT
TO THIS ACT, ALL YELLOWFIN TUNA AND YELLOWFIN TUNA PRODUCTS
HARVESTED IN THE ETP BY BELIZE ARE PROHIBITED FROM IMPORTATION
INTO THE UNITED STATES. IN THIS REGARD, THE OPERATIONAL
PROCEDURES CITED BELOW UNDER "ACTION" SHOULD BE IMPLEMENTED.

ADDITIONAL INFORMATION:

1. CURRENT LIST OF PRIMARY EMBARGO COUNTRIES

PRESENTLY, THE LIST OF YELLOWFIN PRIMARY EMBARGO COUNTRIES ARE
AS FOLLOWS: COLOMBIA, MEXICO, PANAMA, VENEZUELA, VANUATU AND
BELIZE.

HOWEVER, YELLOWFIN TUNA AND PRODUCTS DERIVED THEREFROM
HARVESTED BY A METHOD OTHER THAN PURSE SEINE, OR IN AN AREA
OTHER THAN THE ETP ARE NOT SUBJECT TO THIS IMPORT PROHIBITION,
I.E., MAY BE IMPORTED INTO THE UNITED STATES FROM THESE
COUNTRIES.

2. CURRENT LIST OF SECONDARY (INTERMEDIATE) EMBARGO COUNTRIES

THE CURRENT LIST OF SECONDARY EMBARGO COUNTRIES ARE AS
FOLLOWS: COSTA RICA, ITALY AND JAPAN.

IN THIS CASE, ALL IMPORTATIONS INTO THE UNITED STATES OF
YELLOWFIN TUNA AND YELLOWFIN TUNA PRODUCTS, EXPORTED EITHER
DIRECTLY OR INDIRECTLY FROM COSTA RICA, ITALY OR JAPAN IS
PROHIBITED. THE INTENT OF THIS SECONDARY EMBARGO IS TO PREVENT
CIRCUMVENTION OF THIS EMBARGO BY ILLEGAL MEANS. IT SHOULD BE
NOTED THAT THE IMPORTATION OF SUCH TUNA OR PRODUCT DERIVED
THEREFROM THAT MAY BE HARVESTED BY OR IMPORTED OR
EXPORTED THROUGH ONE OF THESE SECONDARY EMBARGO COUNTRIES
IS PROHIBITED, EVEN IF IT IS SHIPPED TO THE UNITED STATES
FROM A NATION THAT IS NOT LISTED AS A SECONDARY EMBARGO
COUNTRY.

3. EXCLUSION OF FRESH YELLOWFIN TUNA FROM PRIMARY AND
SECONDARY YELLOWFIN TUNA EMBARGO

NMFS HAS ADVISED CUSTOMS THAT FRESH YELLOWFIN TUNA (LIVE TUNA
OR TUNA PACKED IN ICE BUT NOT HARD FROZEN TUNA) IS NOT
SUBJECT TO THE PRIMARY OR SECONDARY YELLOWFIN TUNA EMBARGO.

4. HTS TARIFF NUMBERS SUBJECT TO PRIMARY AND SECONDARY
YELLOWFIN TUNA EMBARGO

THESE HTS TARIFF NUMBERS ARE IN ALL CASES SUBJECT TO THE
PRIMARY AND/OR SECONDARY YELLOWFIN TUNA EMBARGO:

0303.42.0020 0303.42.0040 0303.42.0060

THESE HTS TARIFF NUMBERS ARE SUBJECT TO THE PRIMARY AND/OR
SECONDARY EMBARGO IF THE IMPORTED PRODUCT CONTAINS YELLOWFIN
TUNA:

0303.49.0040 1604.14.1000 1604.14.2040
1604.14.3040 1604.14.4000 1604.14.5000

ACTIONS:

1. EFFECTIVE DATE OF BELIZE EMBARGO

EXPORTATION TO THE UNITED STATES OF YELLOWFIN TUNA
AND YELLOWFIN TUNA PRODUCTS HARVESTED BY A BELIZEAN-FLAG
PURSE SEINE VESSEL IN THE ETP ON OR AFTER OCTOBER 25, 1996,
IS PROHIBITED.

2. QUESTIONS CONCERNING THIS ISSUANCE

QUESTIONS BY THE IMPORTING TRADE CONCERNING THIS ISSUANCE
SHOULD BE DIRECTED TO NMFS HEADQUARTERS AT (301) 713-2055.

QUESTIONS BY CUSTOMS OFFICERS SHOULD BE DIRECTED TO CUSTOMS
HEADQUARTERS, TRADE COMPLIANCE DIVISION, COMMERCIAL
ENFORCEMENT, AT (202) 927-0771.

PHILIP METZGER