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Import Requirements for Goods Regulated by Fish and Wildlife Service

Tuesday, June 25, 2019
Sandler, Travis & Rosenberg Trade Report

Mink Eyelash Imports Face Seizure Without Valid Import/Export License

The Fish and Wildlife Service announced recently that importers bringing shipments of mink or other wildlife used in eyelashes into the U.S. without a valid import/export license and/or not declaring such goods are subject to enforcement action, including seizure of goods and possible monetary penalties.

According to FWS, eyelashes made with mink, fox, rabbit, sable, and other wildlife species are currently popular. However, the species used in these products typically originate from a foreign country and are considered wildlife, even if the source animals are farmed, captive bred, or ranched.

The importation of wildlife used in a business venture is considered a commercial activity and requires an import/export license from the FWS prior to the first shipment arriving in the U.S. Licenses cost $100 and are valid for one year from the date of issuance. Importers must also pay a minimum of $93 in user fees for each commercial shipment.

In addition, each imported shipment of mink or other wildlife eyelashes, whether commercial or  non-commercial, is required to enter the U.S. through an FWS-designated port unless otherwise authorized. Shipments imported for use in a business venture must be declared to the FWS and all accompanying documentation, including any necessary permits, must be submitted.

Import/Export License Exemption for Green Sea Urchins

FWS has issued a final rule that, effective June 25, exempts the exportation of green sea urchins from the agency’s import/export license requirements under certain circumstances. Specifically, this exemption applies to green sea urchins and any products of this species that (a) are harvested in U.S. waters or imported for processing pursuant to an import license and then exported for human or animal consumption and (b) do not otherwise require an import/export permit.

However, this exemption does not apply (a) to any person who has been convicted of one or more violations of a federal law relating to the importation, transportation, or exportation of wildlife during the previous five years or (b) in any country that fails to transmit certain data or if the applicable marine fisheries commission determines that the data transmitted fails to prove that the country is engaged in conservation and management of the green sea urchin.

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