trademark that is identical with, or substantially indistinguishable from, a registered trademark. Articles with marks that copy or simulate a registered trademark that has been recorded with CBP are subject to detention and possible seizure and forfeiture. CBP may asses a civil penalty when merchandise is seized and forfeited under 19 U.S.C. § 1526(e). (See 19 U.S.C. § 1526(f))
CBP may also determine that a registered and recorded trademark should be granted protection against the importation of parallel, or gray-market, goods. These are goods bearing a legitimate trademark but that were not intended for sale in the United States. Should CBP determine that a registered and recorded trademark receive protection against the importation of gray-market goods, any attempted importation of such goods will subject them to detention and possible seizure and forfeiture.
A personal exemption for merchandise bearing an infringing mark is permitted for articles that accompany any person arriving in the United States when such articles are for his or her personal use and not for sale. Only one infringing item of each type bearing a registered trademark is permitted. An individual may take advantage of this
exemption only once within a 30-day period (19 U.S.C. 1526 (d); 19 CFR 148.55). 42. Copyrights. Articles imported into the United States that are pirated (bootleg, counterfeit) copies of any registered copyright are subject to seizure and forfeiture. Wildlife and Pets
43. Wildlife and Pets. The importation of live wildlife (i.e., game animals, birds, plants), any part or product made from them, and of birds’ eggs, is subject to prohibitions,
restrictions, permits and quarantine requirements administered by several government agencies.
Imports or exports of wildlife, their parts or products must be declared at designated ports of the U.S. Fish and Wildlife Service (FWS) unless an exception is granted prior to the time of import or export. The Assistant Regional Director of Law Enforcement for the FWS region in which the import or export will take place should be contacted for additional information or to request an exception to designated-port-permit requirement.
Any commercial importer or exporter (there are some exceptions for exporters) planning to import or export wildlife must first obtain a license from the Fish and Wildlife Service. Applications and further information may be obtained from the Fish and Wildlife Service, Assistant Regional Director for Law Enforcement, for the region in which the importer or exporter is located.
Endangered species of wildlife and certain species of animals and birds are generally prohibited from entering the United States. Such species can only be imported or exported under a permit granted by the Fish and Wildlife Service. Specific information concerning permit requirements should be obtained from the Fish and Wildlife Service, Office of Management Authority, 4401 North Fairfax Drive, Arlington, VA 22203; or by calling 1.800.358.2104; or by visiting FWS’s Website, www.fws.gov.
Antique articles (articles that can be certified as being at least 100 years old) may be exempt from certain requirements of the U.S. Endangered Species Act. The Fish and Wildlife Service, Office of Management Authority, should be contacted for details.
Marine mammals. The taking and importation of marine mammals and their products are subject to the requirements of the Marine Mammal Protection Act (MMPA) of 1972, as amended in 1994. The National Marine Fisheries Service and FWS both have jurisdiction under the MMPA for certain species and import activities. Additional
requirements of the U.S. Endangered Species Act and the Convention on International Trade in Endangered Species (CITES) may also apply. Prior to importing, both agencies should be contacted to learn their exact import requirements. Other import requirements administered by the National Marine Fisheries Service may also apply for certain species covered by the International Commission for the Conservation of Atlantic Tunas, e.g.,
Atlantic blue fin tuna. See the agency’s Website, www.nmfs.noaa.gov, for more information.
Certain plants, mammals, reptiles, amphibians, fish, snails, clams, insects, crustaceans, mollusks, and other invertebrates may be prohibited from entering the United States unless the importer has a permit from either from the exporting nation’s (i.e., the foreign) wildlife authority or from the Fish and Wildlife Service, Office of Management Authority, before the importation takes place.
The importation into the United States of any wildlife, their parts or products is prohibited if the wildlife was captured, taken, shipped, or possessed in any manner violating the laws of the foreign country in which it, or they, was/were taken.
The importation of the feathers or skins of any bird, other than for scientific or educational purposes, is prohibited except for the species noted in this paragraph. This prohibition does not apply to fully manufactured artificial flies used for fishing or to personally taken, noncommercial game birds. Feathers or skins of the following species are permitted entry under certain conditions:
• Chickens, • Turkeys, • Guinea fowl, • Geese, ducks, • Pigeons, ostriches, • Rheas,
• English ring-necked pheasants, • Pea fowl not taken from the wild.
On October 23, 1992, the Wild Bird Conservation Act became effective. This act focuses on the live species listed in the Appendices to the Convention on International Trade in Endangered Species (CITES). If you import live birds, you must meet the requirements of this law in addition to the requirements of CITES, the Endangered Species Act, the Migratory Bird Treaty Act, and any other applicable regulations. Import permits must be obtained in advance from the Fish and Wildlife Service, Office of Management Authority.
Live birds, their parts and products that are protected under the Migratory Bird Treaty Act may be imported into the United States for scientific purposes or certain propagating purposes only under permits issued by the regional office of Fish and Wildlife Service, Office of Migratory Birds, in the region where the importation will occur or where the importer resides.
requirements of the USDA and Public Health Service. (Please see the NOTE on page 106 regarding The USDA’s trade prohibition on the importation of poultry and unprocessed poultry products) Quarantine space must be reserved before importing. Health certificates must be obtained from the birds’ country of origin prior to exportation. Inquiries should be addressed to the appropriate agency.
On June 9, 1989, the U.S. Fish and Wildlife Service announced a ban on the importation of most African elephant ivory and any products made from it. The ban covers all commercial and noncommercial shipments, including personal baggage accompanying a tourist. There are limited exceptions for antiques, trophies, and personal household effects. For further information, contact the U.S. Fish and Wildlife Service, Office of Management Authority, 4401 N. Fairfax Drive, Arlington, VA 22203, Tel. 1.800.358.2104.
The importation of the following is subject to the requirements of the Quarantine Division of the U.S. Public Health Service, Centers for Disease Control, Atlanta, GA 30333; the Veterinary Services of the Animal and Plant Health Inspection Service, Department of Agriculture, Hyattsville, MD 20782; and of the U.S. Fish and Wildlife Service: • Birds, • Cats, • Dogs, • Monkeys, • Turtles.
A current rabies certificate must accompany each live imported dog. Importers of dogs without a rabies certificate must complete a copy of CDC Form 75.37, “Notice to Owners & Importers of Dogs,” prior to obtaining the dog’s release from CBP custody. The importer must send copies of this completed form to the local quarantine station of the Public Health Service, a list of which can be found on the CDC’s Website,
www.cdc.gov/ncidod/dq/quarantine_stations.htm. If the local quarantine station is unknown, importers may call 773.894.2960 (Chicago), 718.553.1685 (JFK-NY), or 310.215.2365 (LA) to learn the appropriate office for submitting this form.
The importation of live turtles, tortoises, and terrapins with a carapace length of less than four inches, and the viable eggs of turtles, tortoises and terrapins, is allowed by the U.S. Public Health Service only under strict requirements as to purpose and quantity. The U.S. Public Heath Service does not allow the importation of live, non-human
primates, including monkeys, as pets.
44. Matches, fireworks, knives. The following are all prohibited importations: