RAPAPORT...  New York City — September 29, 2008 — Effective today, the “Tom Lantos Block Burmese JADE Act of 2008” takes effect.  Jadeite and rubies of Burma origin cannot be imported into the United States.  This importation ban encompasses all Burmese origin jadeite and rubies, notwithstanding “substantial transformation” in Thailand or elsewhere.   Burma is also known as Myanmar.

U.S. Customs and Border Protection have issued new Harmonized Tariff System codes for all non-Burmese rubies and jadeite imported into the U.S.  Shipments of rubies and jadeite from these non-Burmese sources must use these codes when entering the U.S.  For a detailed list of these new codes (encompassing rough and polished gemstones covered by the Act, as well as jewelry containing ruby and jadeite) please contact the JVC.

President George W. Bush issued a proclamation stating that various U.S. government agencies, including Homeland Security, Customs, State, Treasury and the U.S. Trade Representative would take up the implementation of various requirements of the Act.    
 
The importation ban does not apply to Burmese jadeite or rubies that are imported for personal use, meaning for personal wear by the importer.  Further, the bill does not address U.S. sales of any inventory of Burmese jadeite or rubies currently in the U.S.  Jewelers can sell existing inventories of Burmese jadeite and rubies.

Cecilia Gardner, JVC president, CEO and general counsel, said,  “The ‘Tom Lantos Block Burmese JADE Act of 2008’ has serious and long-term impact on U.S. jewelry manufacturers who import jadeite and rubies.  Use of the new Customs Codes should begin immediately for all imports from non-Burmese countries of ruby and jadeite.  JVC will continue to monitor developments with the agencies working to develop import instructions for non-Burmese ruby and jadeite to inform the trade on further implementation details.”

Visit JVC’s website, www.jvclegal.org, for late-breaking news on the “Tom Lantos Block Burmese JADE Act of 2008,” along with other important legal compliance information and JVC products and services.