OFAC Publishes Guidance Letter on Burmese Teak Lumber
The Treasury Department's Office of Foreign Assets Control (OFAC) today issued a guidance letter on whether containers of Burmese teak lumber, sawn in third countries and leaving from those ports, are able to be imported into the United States if the shipments arrive after August 27, 2003, the date that the Burmese Freedom and Democracy Act of 2003 went into effect. Under the Burmese Freedom and Democracy Act no products can be imported into the U.S. from Burma (Myanmar) after August 27, 2003 unless the President issues a national interest waiver for that product.
In its guidance letter, OFAC stated that from the facts presented it appeared that the Burmese lumber had been substantially transformed into finished products of third countries. However, OFAC noted that the substantial transformation issue is a matter for U.S. Customs and Border Protection (CBP) to decide. OFAC noted that if under the Customs Rules of Origin, the Burmese lumber was “substantially transformed” in a third country, then the goods would not be considered products of Burma and are not prohibited from importation into the U.S.
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