Customs Tools

Implementation Plan of the Burmese JADE Act

Certain provisions of the Tom Lantos Block Burmese JADE Act of 2008 (Public Law 110-286), subsequently referred to as the “JADE Act,” were implemented on Sept. 27, 2008, using a phased-in approach coupled with a 30-day grace period. Both U.S. importers and exporters of subject goods to the U.S. need to be familiar with these provisions in order to determine their potential impact on their shipments.

The JADE Act amends previous sanctions against Burma by providing for import restrictions on two additional categories of goods:

Burmese covered articles – Jadeite or rubies mined in or extracted from Burma, and articles of jewelry containing such jadeite or rubies are prohibited from importation.
Non-Burmese covered articles – For jadeite or rubies mined in or extracted from a country other than Burma, or articles of jewelry containing such jadeite or rubies, importation is not permitted unless such goods comply with the terms of regulations issued by the U.S. Treasury Department, or are covered by any waiver or certification scheme that may be established pursuant to the JADE Act.

In conjunction with the implementation of the JADE Act, U.S. President George W. Bush issued Proclamation 8294. The proclamation amends the Harmonized Tariff Schedule (HTS) of the U.S. in order to implement the prohibitions on the two categories of goods listed above.

During the first 30 days of Phase I – extending from Sept. 27, 2008, through Oct. 26, 2008 – U.S. Customs and Border Protection (CBP) is encouraging the trade community to comply with importer and exporter certification requirements outlined below. On Oct. 26, the grace period expires, and CBP will begin enforced compliance on Oct. 27.

Importer Certification – If an importer chooses to enter any goods entered under the specific provisions of HTS headings 7103, 7113, or 7116, the presentation of such an entry shall be deemed to be a certification by the importer that any jadeite or rubies contained in such goods were not mined in or extracted from Burma. Specifically, the 10-digit tariff numbers are as follows: (1) 7103.10.2010, (2) 7103.10.2020, (3) 7103.10.4010, (4) 7103.10.4020, (5) 7103.91.0010, (6) 7103.99.1020, (7) 7103.99.5020, (8) 7113.11.2015, (9) 7113.11.5015, (10) 7113.19.2115, (11) 7113.19.2515, (12) 7113.19.2915, (13) 7113.19.5015, (14) 7116.20.0515, (15) 7116.20.1515.
Exporter Certification – An exporter declaration that addresses the requirements of the JADE Act is required. Any format is acceptable, and an example of acceptable language is contained in the CBP article listed below.

Need more information?

Presidential Proclamation 8294 can be accessed at the following URL:
http://edocket.access.gpo.gov/2008/pdf/E8-23233.pdf

A CBP article entitled “Enforcement of the Burmese JADE Act, Implementation Plan, Phase I,” is available at: http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/cargo_summary/laws/public_law/
jade_act.ctt/jade_act.pdf

CSMS message #08-000244 (dated 09/30/08) on updates to the harmonized records for the JADE Act is available at: http://apps.cbp.gov/csms/viewmssg.asp?Recid=17268&page=&srch_argv=08-000244&srchtype=all&sortby=&sby=