TYPE OF MERCHANDISE

TYPE OF MERCHANDISE

Feather manufactures.

Agar-agar. Bamboo:

Bags, baskets and other manufactures, ex

cept furniture.

Poles and sticks.

Brocades and brocade articles.

Camphor, natural and synthetic.

Camphor oil, natural and synthetic.

Cane webbing.

Carpet wool.

Carpets.

Castor beans.

Castor oil.

66-069-72-29

Glass, sheet (window). Graphite.

Honey.

Marine products, edible.

Pigeons, frozen or otherwise prepared or preserved.

Poultry, frozen or otherwise prepared or preserved.

[34 F.R. 20190, Dec. 24, 1969]

APPENDIX TO SECTION 500.204 DEFINITIONS AND INTERPRETATIONS, STATEMENTS OF LICENSING POLICIES AND AUTHORIZATIONS DEFINITIONS AND INTERPRETATIONS OF SECTION 500.204

(1) "Chinese type" refers to items which are typically and principally used by Chinese or which are prepared, processed or designed in the Chinese manner. Excluded are certain items such as rice customarily consumed by Chinese but also consumed in considerable quantities by others.

(2) "Beaded articles"-Beaded articles, such as beaded bags, are regarded as cotton, linen, or silk manufactures subject to § 500.204 (a) (3) if the fabric to which the beads are attached is cotton, linen, or silk (see also Appendix 9 and Appendix 18).

(3) "Braids, straw" does not include unfinished hats of straw braid.

(4) "Bristles, hog" includes bristles in knots or other processed condition.

(5) "Cane webbing" includes rattan webbing.

(6) "Cashmere and camel hair" include cashmere and camel hair in any processed form (e.g. scoured, dehaired, top rovings, noils, and yarn waste) but does not include cashmere and camel hair which have been spun, woven, or knitted, i.e., yarn and fabric. (7) "Cassia," includes all species of the genus cinnamomum except cinnamomum zeylanicum.

(8) "Cinnamic aldehyde" does not include synthetic cinnamic aldehyde.

(8.1) "Citronella oil” includes geraniol and citronellal.

(9) "Cotton manufactures" does not include rubber soled shoes with canvas uppers, cotton umbrellas, or mixed tetron, dacron, orlon or rayon articles of less than 50 percent cotton content.

(10) "Cotton waste" does not include linters or grabbots.

(11) "Currency, coins, postage and other stamps" issued by China (except Formosa), North Korea, or North Viet-Nam are merchandise of Chinese, North Korean, or North Viet-Namese origin and subject to § 500.204(a)(1).

(12) "Embroidered articles" does not include beaded articles.

(13) "Fur Skins" includes the fur or hair removed from the skin, e.g., goat hair from goat fur skins, and includes skins which have been bleached, dyed, trimmed, backed, sewn

together, or any combination of the foregoing. It also includes fur neck pieces. It does not include fur scarves, stoles, coats, or other fur garments.

(14) "Hair in various forms." (1) The term "hair, human, Asiatic" is defined to include hair originating in the Republic of Indonesia and in the Republic of the Philippines and to exclude hair originating in Turkey, Israel and Lebanon.

(ii) The items "hair, human, Asiatic," "fur skins," and "yak hair" include commodities processed therefrom, e.g., beards, braids, buns, chignons, eyelashes, hair pieces, mustaches, nets, netting, switches, tresses, wefts, wefted wiglets, wigs and wiglets.

(15) "Hats" finished in third countries from hat bodies made in China (except Formosa), North Korea, or North Viet-Nam are merchandise of Communist Chinese, North Korean, or North Viet-Namese origin. (16) "Hides, buffalo" includes those of Indian water buffalo.

(17) "Jade articles, Chinese type" includes jade band rings.

(18) "Linen manufactures" includes wearing apparel made in whole or in part of brocade, embroidery, or lace.

(19) "Musk" includes musk dissolved in a fluid.

(20) "Ores and Metals". (a) Antimony includes antimony oxide, antimony trioxide, and sodium antimonate, but does not include antimonial lead of less than 5 percent antimony.

includes

(b) Molybdenum ammonium molybdate but does not include ferromolybdenum.

(c) Tungsten includes tungstic acid, hubnerite (manganese tungstate), tungsten oxide, ammonium paratungstate, and tungsten powder, but does not include ferrotungsten.

(21) "Silk, tussah, muga, and eri" includes raw silk, silk waste, silk noils, and continuous filament silk yarn and thread, but does not include other silk yarn or thread of tussah, muga or eri silk.

(22) "Silk piece goods, tussah" includes antung, honan, nanshan, pongee, and shantung, but does not include any fabrics containing 5 percent or less tussah fibers, or wool fabrics containing tussah silk if the material consist chiefly of wool.

(23) "Stones, semiprecious" includes all gem stones except diamonds, rubies, sapphires, and emeralds. It does not include pearls. It also does not include raw stones.

(24) "Stones, semiprecious, manufactures" includes jewelry made of semiprecious stones.

(25) "Straw manufactures" includes tea pads.

(26) "Tea chest paper" is joss paper, which is subject to § 500.204 (a) (2) (1).

(27) Dealings Abroad in Commodities Subject to the Regulations. Section 500.204 prohibits not only the unlicensed importation

into the United States of commodities specified in (a)(1) thereof, that is commodities of Communist Chinese, North Korean or North Vietnamese origin, but it also prohibits, unless licensed, persons subject to the jurisdiction of the United States from purchasing, transporting or otherwise dealing in such commodities which are outside the United States. The term "persons subject to the jurisdiction of the United States" includes foreign firms owned or controlled by Americans, as defined in § 500.329. A general license in § 500.541 authorizes such firms to deal in goods of mainland Chinese origin under certain circumstances but does not authorize such firms to deal in goods of North Korean or North Vietnamese origin.

Section 500.204 also prohibits the unlicensed importation of the commodities specified in subparagraphs (2), (3) and (4) thereof, but does not prohibit dealings abroad in those commodities.

(28) Rejection of Imports. Imports of merchandise subject to § 500.204 (a) (2), (3) or (4) not authorized under § 500.544 are refused, although an appropriate certificate of origin or specific license has been obtained, if there is reason to believe either that the merchandise is of Communist Chinese, North Korean, or North Vietnamese origin or that there exists an interest of a designated national therein. (See also Item (112) below.)

(29) Process v. manufacture. A commodity subject to § 500.204 remains subject howsoever it has been processed. If it has been manufactured in a country other than China (except Formosa), North Korea, or North Viet-Nam, it remains subject only if the manufactured item itself is specified in the section. It should not be assumed that a subject commodity which has undergone operations other than those listed in § 500.204 (a) (1), has become a manufactured form of the commodity rather than a processed form thereof. In case of question, a ruling should be requested from the Office of Foreign Assets Control. Requests for rulings in the form of license applications or otherwise should include adequate technical detail.

It should be noted that it is quite possible for merchandise to have China as its "country of origin" for Foreign Assets Control purposes while having some other country as its "country of origin" for marking or statistical purposes.

(30) Unlicensed Commitments. In the absence of an appropriate general license, contractual commitments to engage in transactions prohibited by § 500.204 should be made only if the contract specifies that it is subject to the issuance of a specific Foreign Assets Control license or other authorization from the Office of Foreign Assets Control. General licenses which may be applicable are §§ 500.536, 500.538, 500.539, 500.541, 500.544, and 500.545.

The fact that an unlicensed firm commitment or payment may have been made in

(For definition of "authorized trade territory” see § 500.322.)

(101) Quotas for imports of certain commodities based on current availabilities. Under certain limited circumstances, quotas have been established for the importation of certain commodities under annual limitations set by the amount determined as currently available for export.

Licenses are issued for:

Antimony (metal) from Czechoslovakia. Cotton manufactures from Czechoslovakia, Hungary, Poland, Rumania, and the U.S.S.R.

Dried eggs from Argentina, Denmark, Federal Republic of Germany, Poland, South Africa, Spain, Sweden, and the United Kingdom.

Feathers, Asiatic, from Japan and Malaysia. Firecrackers from Macao.

Lotus seeds from Thailand.

Lychees from Mexico.

Mung beans from Peru and Thailand.

Silk, raw and waste, from Bulgaria.
Tung oil from Malawi.

(102) Proof of origin. Except as set forth in (112) below, the Office of Foreign Assets Control does not prescribe the documents which will satisfactorily prove the origin of merchandise, but will consider all documents submitted by importers to establish origin of merchandise. However, it has been found that affidavits, statements, invoices, and other documents prepared by manufacturers, processors, sellers, or shippers cannot be relied on and are therefore not by themselves accepted by the Office of Foreign Assets Control as satisfactory proof of origin.

(103) Certificates of origin. There are many types of certificates of origin issued by

governmental and commercial agencies abroad. However, the only certificates of origin which will be accepted by Customs for Foreign Assets Control purposes in connection with imports of commodities subject to § 500.204 are certificates issued pursuant to special agreements between the country of issue and the Treasury Department. Such certificates are described in § 500.536 (d). The name of the issuing agency in each country and the list of commodities for which such certificates are available from each country appear in this Appendix. Additions to the list are published in the FEDERAL REGISTER.

The Office of Foreign Assets Control reserves the right to refuse importations when the certificate of origin presented to Customs in connection with an importation under § 500.536 has been improperly issued. Certificates must be requested from the certifying country prior to exportation. Certificates may be improperly issued if the goods were not produced in the certifying country or were produced in the certifying country by a nonregistered producer. Further, if the certificate does not fully and specifically describe the merchandise to which it refers, it may likewise be rejected.

(104) Direct import and continuous carriers' custody. The term "imported directly" as used in § 500.204 (a) (2) includes shipment via a third country on a through bill of lading as well as direct shipment from the country of origin. Specific licenses are issued for merchandise subject § 500.204 (a) (2) when the merchandise is imported from an expected country via a third country without a through bill of lading if the Control is satisfied that the merchandise remained in "continuous carriers' custody." Such licenses require that the applicant furnish: (1) Name of the ship on which merchandise will arrive, port of arrival, and identification of the merchandise (case markings and numbers); (2) Evidence of shipment of the merchandise from the expected country to the port of transshipment; and (3) Evidence that the merchandise from the time of its arrival in said port until the time of its shipment therefrom on the ship named in (1) above was at no time in the custody of any person other than a carrier, or a person acting solely as agent for a carrier, and that no person other than a carrier or its agent had access thereto.

(105) Physical examination. The Office of Foreign Assets Control is satisfied that certain types of merchandise subject to § 500.204 can be reliably determined by physical examination not to be of Communist Chinese, North Korean, or North Vietnamese origin. Licenses to import these types of merchandise are issued subject to physical examination at the time of entry. Examples are:

Bristles, hog, not dyed, from Japan and Iran. Camel hair from Outer Mongolia.

(106) Export of animal hair and skins for processing abroad. Reimports of commodities subject to § 500.204 of the regulations which were exported from the United States for processing abroad (principally animal hair and skins), are licensed on the basis of satisfactory documentary proof of the export and an estimate of the yield of processed material.

(107) Other exports. Reimports of other merchandise subject to § 500.204 of the regulations are licensed on proof of the export. Persons planning to export such merchandise for exhibition, repair, or for any other purpose, should first ascertain that reimport will be authorized. Generally, reimport is authorized only if Customs Form 4455 was obtained at the time of export.

(108) Publications and films from China, North Korea and North Viet Nam. Publications and films originating in mainland China, North Korea or North Viet Nam are licensed for commercial importation provided all payments due to the suppliers are made into blocked accounts. Publications and films originating in mainland China, North Korea, and North Viet Nam are also licensed without restrictions as to method of payment under programs approved by the Librarian of Congress or the National Science Foundation for universities, libraries, research and scientific institutions. Such publications and films are also licensed in exchange for publications from the United States. Additionally, such publications and films are licensed when the Office of Foreign Assets Control is satisfied that they are bona fide gifts to the importers and that there is not and has not been since the effective date any direct or indirect financial or commercial benefit to designated countries or nationals thereof from the importations.

(109) Chinese language films and publications from other areas. Imports of Chinese language films, books, magazines, and almanacs are licensed if the Control is satisfied that they were produced outside of mainland China, North Korea, or North Viet Nam and that no designated national of Communist China, North Korea, or North Viet Nam has an interest in the transaction.

(110) Exhibitions. Certain merchandise subject to § 500.204 being imported for exhibition at trade fairs, expositions, museums, etc., is licensed for entry for that purpose only and eventual re-export or destruction under Customs supervision.

(111) Research samples. Commodities subject to § 500.204, including commodities from mainland China, North Korea, and North Viet-Nam are licensed for import for bona fide research purposes in sample quantities only.

(112) Goods of mainland Chinese, North Korean, or North Viet-Namese origin. Licenses for articles of mainland Chinese, North Korean, or North Viet-Namese origin are generally issued only on submission of documentary evidence satisfactory to the Control of the location outside mainland China, North Korea, or North Viet-Nam of the merchandise at all times since the respective effective date, and of the absence of any Communist Chinese, North Korean, or North Viet-Namese interest in the merchandise during that period. Except as noted below, affidavits from persons purporting to have knowledge of the location and ownership of the merchandise are not satisfactory documentary evidence of such facts. Bills of lading, insurance policies, museum catalogues, etc., may constitute such evidence.

In the case of antiques, if no satisfactory documentary evidence, such as exhibition catalogues dated prior to the respective effective date, is available, an affidavit from a disinterested person who can from his own knowledge affirm as to the location and ownership of the antique at all times on and since the respective effective date may be acceptable. In general, such affidavits will not be accepted when the antique has been in Hong Kong, Macao or Southeast Asia since the respective effective date.

(113) Wigs and Other Human Hair Products. Wigs and other human hair products being imported from any Asiatic country are presumed to be made of Asiatic hair. Additionally, it has been determined that substantial quantities of Asiatic hair are used in the production of human hair products being imported from Austria, Belgium, Federal Republic of Germany, France, Italy, Portugal, Spain, and the United Kingdom.

Accordingly, Customs will detain all such human hair products unless either a specific license or an appropriate certificate of origin is presented, or the importation is authorized under § 500.544.

(114) [Reserved]

(115) Bristles, hog. Bristles of a type commonly used in shaving brushes, bearing a dyed strip of about three-eighths of an inch in width located 1⁄2 to 1 inch from the tip of the bristle are regarded as if they were undyed hog bristles for the purposes of § 500.539.