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October 12, 2008 

CBP Publishes Guidance and Enforcement Information of Burmese JADE Act

U.S. Customs and Border Protection (CBP) has published guidance on the implementation and enforcement of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 108-61; 50 U.S.C. 1701 note). The Burmese JADE Act prohibits the importation into the U.S. of jewelry from third countries containing Burmese jadeite or rubies.

In order to implement the JADE Act, the Harmonized Tariff Schedule of the U.S. (HTSUS) has been revised to add a new U.S. Note to Chapter 71 that provides:

With respect to goods entered or withdrawn from warehouse for consumption, on or after September 27, 2008, should an importer choose to enter any good under heading 7103, 7113 or 7116, the presentation of such entry shall be deemed to be a certification by the importer that any jadeite or rubies contained in such good were not mined in or extracted from Burma.
CBP has stated that the filing entries in headings 7103, 7113 and 7116 will be accepted as the U.S. importer's certification and no further written certification will be required.

However, CBP will require the exporter of such items to provide a written declaration stating that the jadeite or ruby gemstones were not mine in or extracted from Burma. The exporter certification must be included with a CBP paper entry filed by the importer's customs broker to ensure that all shipments that are not certified will be stopped. Acceptable language for the exporter's certification includes:
I (exporter or company name) certify to the best of my knowledge and belief, that the jadeite or ruby gemstones that are the subject of this exportation, whether they are exported as loose stones or incorporated in articles of jewelry, are subject to a system of verifiable controls from mine to place of exportation or final finishing which demonstrates that such gemstones were not mined in or extracted from Burma.

I further certify that I maintain records for all transactions involving the importation and exportation of rubies and jadeite from countries other than Burma and that such records will be available to the relevant government authorities upon request.
CBP will give importers and exporters a grace period until October 26, 2008 to comply with the certification and other provisions of Burmese Jade Act. After the grace period expires, CBP will begin enforced compliance.

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