CBP Informed Compliance Publication: "Caviar" (2021)
What Every Member of the
Trade Community Should Know:
Informed Compliance Publication | May 2021
This publication is intended to provide guidance and information to the trade community. It reflects the position on or interpretation of the applicable laws or regulations by U.S. Customs and Border Protection (CBP) as of the date of publication, which is shown on the front cover. It does not in any way replace or supersede those laws or regulations. Only the latest official version of the laws or regulations is authoritative.
First Issued November 2000
Reviewed with no Changes January 2004
Revised May 2005
Revised July 2006
Revised June 2008
Revised May 2021
This publication was designed for electronic distribution via the CBP website (http://www.cbp.gov/) and is being distributed in a variety of formats. It was originally set up in Microsoft Word 2016®. Pagination and margins in downloaded versions may vary depending upon which word processor or printer you use. If you wish to maintain the original settings, you may wish to download the .pdf version, which can then be printed using the freely available Adobe Acrobat Reader®.
On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act, became effective. These provisions amended many sections of the Tariff Act of 1930 and related laws.
Two new concepts that emerge from the Mod Act are “informed compliance” and “shared responsibility,” which are premised on the idea that in order to maximize voluntary compliance with laws and regulations of CBP, the trade community needs to be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a greater obligation on CBP to provide the public with improved information concerning the trade community’s rights and responsibilities under CBP regulations and related laws. In addition, both the trade and CBP share responsibility for carrying out these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C. 1484), the importer of record is responsible for using reasonable care to enter, classify and determine the value of imported merchandise and to provide any other information necessary to enable CBP to properly assess duties, collect accurate statistics, and determine whether other applicable legal requirements, if any, have been met. CBP is then responsible for fixing the final classification and value of the merchandise. An importer of record’s failure to exercise reasonable care could delay release of the merchandise and, in some cases, could result in the imposition of penalties.
The Office of Trade, Regulations and Rulings (RR) has been given a major role in meeting the informed compliance responsibilities of CBP. In order to provide information to the public, CBP has issued a series of informed compliance publications on new or revised requirements, regulations or procedures, and a variety of classification and valuation issues.
This publication, prepared by the National Commodity Specialist Division, RR, is entitled “Caviar.” It provides guidance regarding the classification of these items. We sincerely hope that this material, together with seminars and increased access to rulings of CBP, will help the trade community to improve voluntary compliance with customs laws and to understand the relevant administrative processes.
The material in this publication is provided for general information purposes only. Because many complicated factors can be involved in customs issues, an importer may wish to obtain a ruling under Section 177.12 of title 19 of the Code of Federal Regulations (19 CFR 177.12), or to obtain advice from an expert who specializes in customs matters; for example, a licensed customs broker, attorney or consultant.
Comments and suggestions are welcomed and should be addressed to the Executive Director, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, D.C. 20229-1177.
Acting Executive Director, Regulations and Rulings Office of Trade (This page intentionally left blank)
| THE STURGEON | 7 |
|---|---|
| TYPES OF CAVIAR | 7 |
| Beluga (Huso huso) | 7 |
| Osetra (Acipenser gueldenstaedtii colchicus) also known as asetra, oscetra, ossetra, and ossetrova | 8 |
| Sevruga (Acipenser stellatus) | 8 |
| HOW CAVIAR IS GRADED | 8 |
| Grade 1 | 8 |
| Grade 2 | 8 |
| Pressed Caviar | 8 |
| Summary of Grading for Caviar | 9 |
| PREPARATION OF CAVIAR | 10 |
| Pasteurization | 10 |
| Special Requirements for Transport | 11 |
| CLASSIFICATION OF CAVIAR | 11 |
| CLASSIFICATION OF CAVIAR SUBSTITUTES | 12 |
| REQUIRED DOCUMENTATION | 12 |
| LABELING | 13 |
| INVOICING REQUIREMENTS | 13 |
| Export | 14 |
| Personal Effects | 15 |
| Trade in Beluga Sturgeon (Huso huso) Caviar and Meat Obtained from Aquaculture Facilities | 15 |
| BIBLIOGRAPHY | 16 |
| ADDITIONAL INFORMATION | 19 |
| The Internet | 19 |
| Customs Regulations | 19 |
| Customs Bulletin | 19 |
| Importing Into the United States | 20 |
| Informed Compliance Publications | 20 |
| Value Publications | 20 |
| Customs Rulings Online Search System | 21 |
| “Your Comments are Important” | 22 |
(This page intentionally left blank)
Caviar is the eggs or roe of sturgeon preserved with salt. It is prepared by removing the egg masses from freshly caught fish and passing the masses carefully through a fine mesh screen to separate the eggs and remove extraneous bits of tissue and fat. At the same time, 4-6 percent salt is added to preserve the eggs and bring out the flavor. Most caviar is produced in Russia and Iran from fish taken from the Caspian Sea, the Black Sea, and the Sea of Azov.
Caviar is graded according to the size of the eggs and the manner of processing. The grades are named for the types of sturgeon from which the eggs are taken. The species of sturgeon (Family Acipenseridae) that produce caviar are, in order of size from largest to smallest, beluga, osetra, and sevruga.
Lesser grades of caviar, made from broken or immature eggs, are more heavily salted and compressed. This payusnaya caviar, or pressed caviar, is preferred by some because of its more intense flavor. Payusnaya is a coarser product, which consists mostly of roe that is premature or damaged in the sieving process. It is more heavily salted (10 percent), pressed in bulk, and shipped for canning elsewhere.
Sturgeons are fish of the Family Acipenseridae. The toothless sturgeon is one of the few surviving bony fish (the bones are soft and cartilaginous) that have retained their prehistoric appearances. Because their unique skeletal structure has distinct longitudinal bony plates on the outside, they have no bones in the flesh, which is a characteristic that gourmands welcome.
There are twenty-four existing sturgeon species worldwide. Five of these species live in the Caspian Sea and only three supply caviar. The three species of sturgeon that supply caviar are the beluga, osetra, and sevruga. These species provide 90 percent of the world's caviar production.
The beluga is the largest sturgeon and the only predator in the family. It is so rare that the annual beluga catch does not exceed 100 units. The beluga is strong, vigorous, large-mouthed, and nomadic. The beluga is commonly found following its prey shoals of whitefish.
Beluga caviar, the largest variety, is light to dark gray in color. It is highly valued for its large granules (coarse roe) and delicate skin.
This medium-sized sturgeon probes the seabed with a projecting snout. The snout is elongated and there are four barbels on its lower surface. It is equipped to vacuum up plants and small forms of sea life.
Osetra caviar is dark brown-gray to golden in color. It is the only variety of caviar with a unique nut flavor.
The sevruga is small and features a pointed snout with an upward tilt. The diamond-shaped exoskeletal plates are the most distinct characteristic of this species of sturgeon.
Sevruga caviar, the smallest variety, is greenish black in color and fine-grained.
The factors considered in the grading of caviar are the uniformity and consistency of the grain, the size, color, fragrance, flavor, gleam, firmness, and vulnerability of the roe skin.
Grade 1 caviar is fresh caviar that ideally combines all properties; it must be firm, large grained, delicate, intact, and of fine color and flavor.
Grade 2 caviar is also fresh caviar with a normal grain size, very good color, and fine flavor.
In this grade, an external effect causes the fracture of more than 35 percent of the roe skins before removal from the fish. Therefore, this caviar is treated in a different manner than grade 1 and grade 2 caviar. It consists of a roe blend from the osetra and sevruga. This blended roe, which is usually milky and soft, is heated to 38 degrees centigrade in a saline solution and is stirred until it has absorbed the salt and regained its natural color. Then, it is cast into “tales,” or fabric pouches, in which it is pressed out to remove excess salt and oil.
Pressed caviar contains four times more roe than fresh caviar of the same weight. It is drier, more spreadable than other types of caviar, and is considered a delicacy. Because it takes four pounds of fresh caviar to prepare one pound of pressed caviar, the resulting black paste has a highly concentrated flavor. The strong, sharp taste is favored by some gourmands.
Large grain. Absolute top quality. In this category, the following additional color criteria apply:
000 light gray
00 medium gray
0 dark gray
Smaller grain. Medium to light gray.
In this quality, osetra is distinguished by three colors:
Royal Caviar: Gold; the rarest and most coveted caviar (general yield from osetra is 1:1,000)
Color A: gray gold
Color B: dark gray
Smaller grain. Medium gray.
Dark gray to light gray.
Smaller grain. Dark gray.
Pressed caviar is a blend of damaged, immature, and/or overripe fish eggs derived from osetra and sevruga. The eggs are pressed together to form a rich, concentrated mass making it suitable for spreading and slicing. Pressed caviar is drier with a salty, strong, and sharp taste.
Fresh-grained caviar is prepared from the full roe of the female sturgeon. The sturgeons are caught in nets and taken back to the fishery laboratory alive. There they are clubbed and anesthetized, but not killed, and the egg pockets are emptied. The fishermen carefully anesthetize the fish by hitting them at a specific spot below the head. The roe must be removed while the fish are still alive. If the fish experience the stress of death, they release a chemical into the eggs that spoils the caviar by making it bitter.
When beluga roe is taken from the fish to make the highest graded caviar, it is processed manually. The fish are placed on a coarse mesh screen spread across a wooden tub. The roe is removed by splitting the underside of the sturgeon with a sharp knife. Then the roe bags (filmy sacs containing the eggs) are broken by whipping them with birch switches. The freed roe is then passed over screens with varying-sized mesh to grade the eggs according to size. The roe is rubbed through the screens with the palm of the hand for optimum control. The process also separates the eggs from binding tissue.
During the process, the eggs drop into a tub below the mesh screens. After a portion of the eggs is collected in the tub, it is transferred to a bucket and the process is repeated. Considerable care must be taken in rubbing the eggs through the screens, since bruising them results in a lower grade of caviar.
When all of the eggs have been collected, they are put into a tub and dry salt is added. The salt is thoroughly mixed with the roe. The eggs are then placed in a fine mesh screen to drain.
The caviar is packed in tin, glass, or porcelain containers equipped with tight-fitting covers. It is then ready to eat or store under refrigeration.
Some, but not all, caviar is pasteurized. Pasteurization is effected by the immersion of the cans or jars of caviar in a hot-water bath at 155-160 degrees Fahrenheit for 30, 45, and 60 minutes for 1, 2, and 4 ounce containers, respectively. This treatment makes it possible to store caviar at temperatures as high as 60 degrees Fahrenheit for several months without off-flavors or decomposition resulting.
The refrigerator, with its compartments for below freezing point storage, presents many dangers to the preservation of caviar. Once caviar has been frozen and then thawed out, the roe (berries) will burst, the product will become mushy, and the quality will deteriorate to the lowest grade. In order to avoid having the berries burst, caviar must be refrigerated at 28 to 32 degrees Fahrenheit.
A prime requirement for top quality caviar is that each berry be well coated with its own glistening fat. A concern of purchasers is that the caviar fat rises to the top of the can and can be scooped off by a vendor for a preferred customer and thus leaving less fatty berries for subsequent consumers. The conscientious shipper should ensure that refrigerated caviar tins are turned frequently during transport in order to keep the fatty substance well distributed.
The Harmonized Tariff Schedule of the United States (HTSUS) has an eo nomine provision for caviar in subheading 1604.31.00, HTSUS. The General rate of duty is 15 percent ad valorem.
True caviar is roe that comes from the sturgeon. The Explanatory Notes to the Harmonized Commodity Description and Coding System defines caviar in heading 1604, HTSUS, as:
[a product] prepared from the roe of the sturgeon, a fish found in the rivers of several regions (Italy, Alaska, Turkey, Iran and Russia); the main varieties are Beluga, Schirp, Ossiotr and Sewruge. Caviar is usually in the form of a soft, granular mass, composed of eggs between 2 and 4 mm in diameter and ranging in colour from silver-grey to greenish-black; it has a strong smell and a slightly salty taste. It may also be presented pressed - i.e., reduced to a homogeneous paste, sometimes shaped into small slender cylinders or packed in small containers.
Chapter 16 excludes fish roe that is still enclosed in the ovarian membrane, prepared, or preserved only by processes provided for in Chapter 3.
Caviar of subheading 1604.31.00, HTSUS, may be entered at a free or reduced rate of duty, if the country of origin has been designated a beneficiary country under the Generalized System of Preferences or is a party to one of various trade agreements. The “special” rate of duty column of the current HTSUS should be consulted for up-to-date information. The Column 2 rate of duty is 30 percent ad valorem.
Roe that comes from a fish other than the sturgeon is not true caviar, and it is classifiable as a caviar substitute. For example, the eggs of lumpfish, whitefish, and salmon may be prepared or preserved as caviar substitutes. Although the term “caviar” may appear on the commercial invoice and the importer’s price list may show the merchandise under a caviar heading, for Customs classification purposes, this roe is not caviar, but rather a caviar substitute. Attention must be given to the name of the fish that is specified on the invoice.
The Explanatory Notes describe caviar substitutes as:
...products consumed as caviar but prepared from the eggs of fish other than sturgeon (e.g., salmon, carp, pike, tuna, mullet, cod, lumpfish), which have been washed, cleaned of adherent organs, salted, and sometimes pressed or dried. Such fish eggs may also be seasoned and coloured.
The HTSUS provides for caviar substitutes under two subheadings. If the caviar substitute has been boiled and packed in airtight containers, the applicable subheading is 1604.32.30, HTSUS, which provides for “[p]repared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Caviar and caviar substitutes: Caviar substitutes: Boiled and in airtight containers.” The General rate of duty is Free. The Column 2 rate of duty is 30 percent ad valorem.
Caviar substitutes, other than those which have been boiled and packed in airtight containers, are classifiable under subheading 1604.32.40, HTSUS, which provides for “[p]repared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Caviar and caviar substitutes: Caviar substitutes: Other.” The General rate of duty is Free. The Column 2 rate of duty is 44 cents per kilogram.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulates international trade in certain animals and plants. As a result of the Tenth Conference of the CITES Parties (which includes the United States), held in June 1997, all species of sturgeon and paddlefish are now listed in either Appendix I or II of CITES. Those species, whose international trade is controlled, are listed in Appendices I, II, and III of CITES. Appendix I includes species threatened with extinction that are or may be affected by trade. Appendix II includes species that may become threatened with extinction if trade is not regulated. Appendix III includes species listed by individual range countries to obtain international cooperation in controlling trade. In this regard, CITES trade control covers the import, export, re-export, and introduction from the sea of such items.
All shipments of sturgeon, paddlefish, and their products (such as caviar) must be accompanied by a valid CITES export permit or re-export certificate issued by the CITES Management Authority of the (re)exporting country and must be declared to U.S. Fish and Wildlife (FWS) Inspectors upon importation into the United States. Unless exempted by FWS, all imports or exports must be cleared at a FWS designated port.
All imports of such products must also be accompanied by a Declaration for Importation or Exportation of Fish or Wildlife Form, FWS Form 3-177.
It should be noted that in late 2005, FWS suspended trade in beluga sturgeon caviar originating in the Caspian Sea basin countries (Azerbaijan, Iran, Kazakhstan, Russia, and Turkmenistan) and the Black Sea basin countries (Bulgaria, Georgia, Romania, Russia, Serbia, Montenegro, Turkey, and Ukraine). This action effectively banned the importation of beluga sturgeon in any form (including caviar) into the United States from any of these countries.
Questions regarding import requirements for sturgeon, paddlefish, and their products should be directed to local FWS field offices or to the FWS Assistant Director, International Affairs at (202) 208-6394. Information is also available at the FWS website at www.fws.gov.
The FWS regulations provide that sturgeon caviar imports, exports, and re-exports must bear non-reusable labels affixed by the caviar-processing plant in the country of origin showing all of the following information: a standardized species code, source code, two-letter ISO code of the country of origin, year of harvest, and processing plant code and identification number. See specific labeling requirements contained in paragraphs (b) and (c) of 50 C.F.R. § 23.71.
The accuracy of the information contained on invoices is an essential element of the structure of the many new and creative programs CBP has undertaken. These programs, including, but not limited to, automated entry processing and pre-importation review, may provide their benefits to the trade community as a whole, only if the data gathered is correct and complete. This concern for invoice accuracy is not new, but as we progress in automation, accuracy becomes indispensable.
Section 141.86 of the CBP Regulations concerns invoicing requirements. Subparagraph (a)(3) of the section specifically requires that invoices have the following information:
A detailed description of the merchandise, including the name by which each item is known, the grade or quality, and the marks, numbers, and symbols under which sold by the seller or manufacturer to the trade in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed.
A “detailed description” is one that enables an import specialist to properly classify imported merchandise. Accordingly, the invoice description must indicate any information that has a direct bearing on the proper classification of the imported item and it is incumbent upon the importer of record to ensure that the detailed description is on each invoice.
Importers are responsible for providing CBP with all of the information that is necessary to classify a specific item.
The following information is required on all invoices for caviar:
1) Detailed description of the caviar or caviar substitute; i.e., if caviar, the species of sturgeon (beluga, osetra, sevruga, or pressed caviar); if a caviar substitute, the common name and the scientific name of the fish
2) Method of packing - size of the can or jar
3) Unit value
4) Total value of shipment
5) Terms of sale
6) Weight in pounds or kilograms
7) Country of origin
All paddlefish and sturgeon caviar and meat exiting the United States must be accompanied by a CITES export or re-export permit issued by the FWS Division of Management Authority. Caviar must meet CITES universal labeling requirements for caviar. Detailed information on labeling requirements for caviar is contained in FWS’s regulations at 50 CFR § 23.71 and in CITES Resolution 12.7 (Revised at CoP14).
If you are exporting wild caught paddlefish and sturgeon, be sure to complete and submit a FWS Federal Fish and Wildlife Permit Application Form, FWS Form 3-200-76.
If you are re-exporting caviar (which is the exportation of a previous exportation to the United States), be sure to complete and submit a FWS Federal Fish and Wildlife Permit Application Form, FWS Form 3-200-73 with copies of the canceled foreign export permit with the annex pages and a FWS Declaration for Importation or Exportation of Fish or Wildlife Form, FWS Form 3-177.
If you are operating an aquaculture facility and exporting paddlefish or sturgeon caviar and meat, be sure to complete and submit a FWS Federal Fish and Wildlife Permit Application Form, FWS Form 3-200-80.
The CITES personal effects exemption allows individuals to import, export, or re-export personally owned items made from CITES species provided individuals wear or carry these products with them in their accompanying baggage without CITES permits. Individuals are allowed to import, export, or re-export up to 125 grams of sturgeon and paddlefish caviar without obtaining a CITES permit as part of their personal effects. Permits are required if the quantity exceeds 125 grams; permits must cover the entire amount, not just the amount in excess of 125 grams. The primary container must meet the CITES universal labeling requirements for caviar.
Except for quantities meeting the criteria for a personal effect exemption, all caviar entering the United States must be accompanied by a CITES export or re-export permit issued by the country of export or re-export and must meet CITES universal labeling requirements for caviar. Please see the discussion provided under the “Export” heading above.
Travelers should also remember that the United States does not allow the import of any beluga caviar since the beluga sturgeon is listed as a threatened species under the Endangered Species Act.
According to the FWS:
The beluga sturgeon was listed as threatened under the Endangered Species Act of 1973 (Act), effective October 21, 2004. Section 4(d) of the Act authorizes the Service to establish regulations that we find necessary and advisable to provide for the conservation of threatened species. In 2005, the Service promulgated regulations under section 4 (d) of the Act for beluga sturgeon at 50 CFR 17.44(y). In part, these regulations allow the Service to authorize specific exemptions for qualifying individual aquaculture facilities that raise aquacultured (captive-bred) beluga sturgeon to engage in certain activities without obtaining a threatened species permit under certain circumstances (50 CFR 17.44 (y)(5). In addition to meeting the requirements of the 4(d) rule, the facility must also meet all applicable provisions of other Service regulations at 50 CFR parts 13, 14, and 23. This exemption does not apply to live beluga sturgeon. For more information, please see the 4(d) regulations at https://www.gpo.gov/fdsys/pkg/FR-2005-03-04/pdf/05-4278.pdf.
See U.S. Fish & Wildlife Service, Sturgeon & Paddlefish Permit Information, https://www.fws.gov/international/permits/by-species/sturgeon-and-paddlefish.html (last visited Feb. 27, 2020).
Cayne, Bernard S. and Holland, David T., ed. The Encyclopedia Americana. Danbury: Grolier, Inc., 1989.
Coyle, L. Patrick, ed. The World Encyclopedia of Food. New York: Facts on File, Inc., 1982.
Explanatory Notes to the Harmonized Commodity Description and Coding System. Brussels: Customs Cooperation Council, 2017.
Friedland, Susan. The Caviar Book. New York: Charles Scribner and Sons, Inc., 1986.
Goetz, Philip W., ed. The New Encyclopaedia Britannica. Chicago: Encyclopaedia Britannica, Inc., 1986.
Harmonized Tariff Schedule of the United States, 2021. Washington DC: United States International Trade Commission, 2021.
Multilingual Dictionary of Fish and Fish Products. Farnham, England: Fishing New Books Limited, 1968.
Stein, Gerald M. and Bain, Donald. Caviar! Caviar! Caviar! New York: Carol Publishing Group, 1981.
Burros, Marian. “Seeking Out the Finest in Imported Fresh Caviar.” The New York Times, December 26, 1984.
“Canned Excellence.” The New York Times, March 3, 1993.
“Caviar.” The New York Times, March 3, 1993.
“Caviar Rules.” The New York Times, March 3, 1993.
Conn, Sandra and Spielman, Anne. “Food.” Crain’s Chicago Business, February 8, 1993.
De Chillo, Suzanne. “Fishermen on the Hudson Develop a Small Caviar Industry.” The New York Times, July 14, 1991.
Dolan, Mary. “Caviar on the Hudson.” Rockland Journal-News, June 19, 1991.
“Entrepreneurs Market Caviar from Astrakhan.” Alaska Journal of Commerce, September 21, 1992.
Fabricant, Florence. “As Annual Price War Begins, Caviar Business Is in Turmoil.” The New York Times, December 4, 1991.
Fabricant, Florence. “Caviar from Azerbaijan.” The New York Times, March 3, 1993.
Jackson, Maggie. “Caviar Market in Upheaval after Soviet Breakup.” Los Angeles Times, April 19, 1992.
Jacobson, Philip. “East Europeans Take Caviar as Ticket to West.” The New York Times, December 20, 1991.
Jeffee, Larry. “Petrosian Paris, Caviar Importer, Hopes to Double MO Sales in 1993.” DM News, February 15, 1993.
King, Mike and Husted, Amanda. “Post-Soviet Caviar? Nada.” The Atlantic Journal and Constitution, April 8, 1992.
Lewis, Flora. “The Black Market in Iranian Caviar.” The New York Times, January 23, 1980.
“What a Fish!” The New York Times, March 3, 1993.
Witcher, Tim. “Rumblings in Paris over Missing Caviar.” The Daily Telegraph, December 22, 1992.
Young, Robin. “Caviar Boom Leaves Behind a Taste of Something Fishy.” The New York Times, March 12, 1993.
“Iran in Deal with Dubai Firm to Boost Caviar Exports.” Agence France Presse. May 31, 1992.
Jackson, Maggie. “Secretive Caviar Industry in Flux Following Soviet Union Breakup.” The Associated Press. April 7, 1992.
Kalashnikova, Svetlana. “Unsanctioned Goods Withdrawn from Air Passengers,” Tass. March 11, 1992.
“Record Caviar Seizure, Probe Phony Foie Gras.” The Associated Press. December 20, 1991.
“United Fishing for New Caviar Supplies.” United Press International. August 21, 1991.
The home page of the CBP website provides the trade community with current, relevant information regarding CBP operations and items of special interest. The site posts information -- which includes proposed regulations, news releases, publications and notices, etc. -- that can be searched, read on-line, printed or downloaded to your personal computer. The website was established as a trade-friendly mechanism to assist the importing and exporting community. The website also links to the home pages of many other agencies whose importing or exporting regulations CBP helps to enforce. The website also contains a wealth of information of interest to a broader public than the trade community. For instance, the 'Know Before You Go' video provides general information for international travelers. The web address of U.S. Customs and Border Protection is http://www.cbp.gov.
The current edition of CBP Regulations of the United States, Title 19, is available from the Superintendent of Documents, U.S. Government Printing Office, via the internet (www.fdsys.gov), phone ((202) 512-1800), fax ((202) 512-2104), postal mail (U.S. Government Printing Office, P.O. Box 979050, St. Louis, MO 63197-9000), or email (contactcenter@gpo.gov). All proposed and final regulations are published in the Federal Register, which is published daily by the Office of the Federal Register, National Archives and Records Administration, and distributed by the Superintendent of Documents. Information about online access to the Federal Register may be obtained by calling (202) 512-1530 between 8 a.m. and 4:30 p.m. EST. The Federal Register is available online at www.ecfr.gov. For Federal notices related to trade, visit https://www.cbp.gov/trade/rulings/trade-related-federal-register-notices. Federal notices are also published in the weekly Customs Bulletin described below.
The Customs Bulletin and Decisions (Customs Bulletin) is a weekly publication that contains decisions, rulings, regulatory proposals, notices and other information of interest to the trade community. It also contains decisions issued by the U.S. Court of International Trade, as well as customs-related decisions of the U.S. Court of Appeals for the Federal Circuit. The Customs Bulletin is available online at https://www.cbp.gov/document/bulletins.
This publication provides an overview of the importing process and contains general information about import requirements. The current edition of Importing Into the United States contains material explaining the requirements of the Mod Act. The Mod Act fundamentally altered the relationship between importers and CBP by shifting to the importer the legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise.
The current edition contains a section entitled “Informed Compliance.” A key component of informed compliance is the shared responsibility between CBP and the import community, wherein CBP communicates its requirements to the importer, and the importer, in turn, uses reasonable care to assure that CBP is provided accurate and timely data pertaining to his or her importation.
Single copies may be obtained from local offices of CBP, or from the Office of Public Affairs, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229. An on-line version is available at the CBP website (https://www.cbp.gov/document/publications/importing-united-states).
U.S. Customs and Border Protection has prepared a number of informed compliance publications in the “What Every Member of the Trade Community Should Know About:…” series. Check the web site http://www.cbp.gov for current publications.
Customs Valuation under the Trade Agreements Act of 1979 is a 96-page book containing a detailed narrative description of the customs valuation system, the customs valuation title of the Trade Agreements Act (402 of the Tariff Act of 1930, as amended by the Trade Agreements Act of 1979 (19 U.S.C. 1401a)), the Statement of Administrative Action which was sent to the U.S. Congress in conjunction with the TAA, regulations (19 CFR 152.000-152.108) implementing the valuation system (a few sections of the regulations have been amended subsequent to the publication of the book) and questions and answers concerning the valuation system. A copy may be obtained from the web site (https://www.cbp.gov/document/publications/customs-valuation-under-trade-agreements-act-1979).
Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory provisions, CBP Regulations implementing the statute, portions of the Customs Valuation Code, judicial precedent, and administrative rulings involving application of valuation law. This publication is only available on the CBP website
(https://www.cbp.gov/document/publications/customs-valuation-encyclopedia-1980-2015).
The Customs Rulings Online Search System (CROSS) is a searchable database of CBP decisions that can be retrieved based on simple or complex search characteristics, using keywords and Boolean operators. CROSS has the added functionality of cross-referencing rulings from the initial search result set with their modified, revoked or referenced counterparts.
Rulings collections are separated into Headquarters and New York and span the years 1989 to present. Collections can be searched individually or collectively.
The information provided in this publication is for general information purposes only. Recognizing that many complicated factors may be involved in customs issues, an importer may wish to obtain a ruling under CBP Regulations, 19 CFR Part 177, or obtain advice from an expert (such as a licensed Customs Broker, attorney or consultant) who specializes in customs matters. Reliance solely on the general information in this pamphlet may not be considered reasonable care.
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