What are the limitations on importing goods into the United States for sale?

Below are the primary laws governing the importation of commercial goods.

What is the The Customs Modernization Act (CMA)? 

The CMA, a part of NAFTA, requires importers to declare attributes of imported goods with the Customs and Border Protection Agency (CBP). Typically, when goods are shipped into the US, the importer (or her agent) must complete documents disclosing the nature, value, origin, and other information about the goods. The CBP will inspect the goods and charge estimated duties on the value of the goods. The inspection generally seeks to ascertain the value of the goods, that the markings and labeling are accurate, that there are no prohibited items, and that the goods are correctly documented. The CBP may also assess additional duties on goods imported for sale at abnormally low prices. This is known as anti-dumping and countervailing duties. The purpose of this authority is to protect markets from the effect of selling products at a loss or at a lower price than in the foreign market simply to reduce inventory or push other merchants out of business. Importers can appeal or request administrative review of the assessed duties. Goods subject to countervailing duties must demonstrate that the pricing practice does not hurt a consumer market.

What is The Trademark Act of 1946 (Trademark Act)?

The Trademark Act prohibits the importation of products that mislead the public as to the point or origin, manufacturer, or brand. This includes importing items under a protected trademark that does not belong to the importer or purchaser of imported goods. Any such goods are subject to forfeiture or may be released to the importer upon adequate assurance of removing the deceptive markings or destroying the items.

What Regulations apply to Various Imported Products? 

The US places restrictions on the importation of specific types of products. These products may require permits, licenses, inspections, labeling, etc. Restrictions for failure to meet specific requirements may include prohibitions on sale, limited ports of entry, restricted routing, storage, use, etc. The purpose of these restrictions is to protect the US economy and the health and well being of US citizens.

Related Topics

• International Law (Intro)

• What is International Law?
• What are the types of international law?
• United Nations
• United Nations Commission on International Trade law
• United Nations Conference on Trade Development
• North Atlantic Treaty Organization
• International Monetary Fund
• Other Economic Development Organizations
• World Bank
• World Trade Organization
• European Union
• What international courts exist and what are their functions?
• What are the methods of carrying on international business?
• What are the legal risks associated with carrying on international business?
• What major international agreements affect international trade?
• When is carrying on business in a foreign country prohibited by US law?
• What is the significance of boycotts between foreign countries?
• What US laws apply to limit business transactions in foreign countries?
• What regulations apply to exports from the United States?
• What are the legal limitations on importing goods into the United States?
• How are private international business agreements generally enforced?
• How do parties determine the rules, location, and method of resolving disputes?