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| Ch.
4 Other Government Agencies |
Along
with enforcing the Customs Regulations, the United
States Customs Service also has the mission to
enforce the regulations of other United States
government agencies at the time of importation.
Other agencies include, but are not limited to,
ATF, USDA, DOT, EPA, FCC, FWS, FDA, CPSC, DEA,
FAC, INS, NRC, USCG & USDS. There are few
items that are not covered by one or more of
the above agencies. The following list identifies
these agencies and, with the exception of FDA
and FCC, which have a somewhat more detailed
presentation, a brief description of the major
areas of concern for these agencies.
ATF=Bureau of Alcohol, Tobacco & Firearms
USDA=Department of Agriculture
DOT=Department of Transportation
EPA=Environmental Protection Agency
FCC=Federal Communications Commission
FWS=Fish & Wildlife Service
FDA=Food & Drug Administration
CPSC=Consumer Protection Safety Commission DEA=Drug
Enforcement Agency
FAC=Office of Foreign Assets Control
INS=Immigration & Naturalization Service
NRC=Nuclear Regulatory Commission
USCG=United States Coast Guard
USDS=Department of State PBB
is familiar with the regulatory concerns of all
of these governmental agencies and can ease your
way through the seemingly impenetrable maze by
assisting you in identifying the necessary documentation
to make your shipments to the United States legal
and lucrative.
The Bureau of Alcohol, Tobacco
and Firearms (ATF) regulates the three major areas
as listed in their name.
- Alcohol - including denatured alcohol, wine,
beer and spirits
- Tobacco - including bulk tobacco, cigars, cigarettes,
cigarette papers and tubes
In addition to duties, Alcohol and Tobacco products
are subject to U.S. Excise Taxes at time of importation.
- Firearms - including rifles, pistols, ammunition
and other "implements of war". This includes automatic
and semi-automatic weapons
- Explosives and explosive materials
The United States Department
of Agriculture (USDA) regulates and has enforcement
jurisdiction over the following commodities:
- Live birds, poultry and domestic livestock. This
includes race & show horses.
- Animal biological products, including animal
blood & blood products, vaccines, serums and
antitoxins.
- Meat and meat products. All fresh, chilled, frozen,
canned or dried meats and dressed poultry.
- Eggs
- Dairy products including milk, cheese, butter
and ice cream.
- Fresh produce (fresh fruit and vegetables)
- Plants, cut flowers and other nursery stock
- Seeds
- Wooden packing materials
- Canadian origin wheat
The Department of Transportation
(DOT) regulates "any vehicle driven or drawn by
mechanical power manufactured primarily for use
on the public streets, roads, and highways." Railway
and light rapid transit vehicles designed to operate
on rails are excluded.
Examples of such vehicles
are:
- Passenger automobiles
- Trucks, including cargo vans and semi-tractors
- Trailers
- Buses
- Motorcycles, including mopeds
- Multi-purpose vehicles, including recreational
vehicles (RVs)
- Racing cars and motorcycles
- Motor vehicle equipment, including tires
All of the foregoing require the electronic filing
of information with the DOT before the merchandise
can be released by U.S. Customs. You are required
to provide the necessary information. By completing
the form HS-7, your shipment will be processed
expeditiously.
For a vehicle manufactured after January 1, 1968
to be imported, licensed, and registered in the
U.S., a Customs invoice, HS-7, and possibly an
EPA 3520-1 are required. In addition, the following
conditions must be met.
DOT -Either a copy of the original U.S. retail
bill of sale; or, a manufacturer’s compliance letter
and DOT waiver letter must accompany the vehicle
upon import.
EPA -Either a U.S. EPA label entitled "Vehicle
Emission Control Information" confirming that the
vehicle complies with U.S. standards must be affixed
to the engine compartment or a manufacturer’s compliance
letter and EPA Prior Approval letter must accompany
the vehicle upon import.
To obtain a manufacturer’s compliance letter, contact
the appropriate representative;
(you’ll need the Vehicle Identification Number
(V.I.N.) as a reference)
Ford:800-565-3673
GM:905-644-5843
Chrysler:800-333-0558 - Canada or
800-992-1997 - U.S.
Upon receipt of the manufacturer’s compliance letter,
contact either the DOT (202-366-5286 or 202-366-2830),
the EPA (202-233-9660), or both, to obtain the
required waiver/Prior Approval letter. This letter
will also provide import instructions, and must
accompany the vehicle at the port of entry.
If it is determined by either agency that the vehicle
does not conform to U.S. standards, you may then
wish to contact a firm that may be able to assist
you by bringing your vehicle into U.S. compliance.
Additional fees/documentation are required in this
case. Please contact us for a list of approved
firms should you decide to pursue this course of
action.
The process of obtaining waiver/Prior Approval
letters from the DOT or EPA can take as long as
5 - 10 working days or more. U.S. Customs will
deny entry if any required documentation is not
available upon importation.
The Environmental Protection
Agency (EPA) regulates the importation of:
- All on-highway motor vehicles and heavy duty
engines that emit pollutants
- Pesticides
- Ozone depleting chemicals and products containing
the same
- Toxic chemicals - The EPA administers the Toxic
Substance Control Act (TSCA). Virtually all chemicals
and chemical substances are either subject to certification
that they comply with regulations or to certification
that the regulations do not apply to them.
The United States Fish & Wildlife
Service (FWS) regulates the importation of the
following:
- Fish, animals or reptiles, dead or alive, whole
or in parts
- Live farm animals, some zoo animals as well as
some game animals and birds
The following animals and products are prohibited:
- Sea turtles
- Cheetah, jaguar, margay, ocelot, tiger and vicuna
as well as rugs, pelts and trophies from the same
- Elephant ivory and articles of ivory
- Crocodile leather products
- Marine mammals
- Wild bird feathers, mounted birds and skins (with
or without feathers)
- Migratory birds
- Psittacine birds such as parrots and macaw
- Injurious wildlife declared harmful to the environment
The Federal Communications
Commission (FCC) regulates the importation of any
product which is capable of transmitting radio
frequency (RF) energy while being operated.
Examples of these devices include (but are not
limited to):
Computers (virtually any product containing microprocessors)
Electronic typewriters
Microwave Ovens
Computer Products
disk drive
monitor
printer
Electronic Calculators
Electronic Cash Register
Electronic Weighing Machinery
Photocopiers
Telephones with special features
Facsimile Machines
Transmitters
Other Electronic Office Equipment
Transceivers
Electronic Medical Diagnostic Equipment
Television Receivers
Ultrasonic Equipment
Radio Receivers
X-ray Equipment
Television Cameras
Radar Signaling Devices
Video Cassette Recorders
Sonar Signaling Devices
Video Games
Radio Remote Control Toys
The FCC 740 form is required
at the time of release. This form gives the "Statement
Regarding the Importation of Radio Frequency Devices
Capable of Causing Harmful Interference."
The FCC requires this information to be reported
electronically at the time of entry summary. In
order to be able to report the information electronically,
it is imperative that the FCC 740 form is included
with your shipments and is completed properly.
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