FREQUENTLY ASKED QUESTIONS

TRADE IN RUBIES AND JADEITE

1.    What does this new law require if I wish to import Burmese rubies or jadeite into the US?

You may not import any rubies or jadeite of Burmese origin, even if they were cut and polished elsewhere.  If the origin of the ruby or jadeite is Burma, it may not enter the US, with certain exceptions described below.

2.    What does the law require if I wish to import rubies and jadeite from countries other than Burma?

You may import rubies and jadeite form non-Burmese countries if you use the correct Harmonized Tariff code.  By using the code, you are certifying that the gems are from non-Burmese origin.  Further the exporter who is sending the rubies or jadeite to the US must certify in writing that the gemstones are not of Burmese origin.  You must also keep records demonstrating the origin of the rubies or jadeite, and be able to produce them to US Customs, if they require.  

3.    What must the exporter include in the declaration regarding the non-Burmese origin of the gemstones?

US Customs has suggested language that the exporter could use in making the necessary declaration. 

4.    I have some Burma origin rubies here in the US.  May I sell them here in the US?

Yes, there is no restriction on the US sale of Burmese rubies or jadeite.  This is an import ban only.

5.    I have some Burma origin rubies that I wish to export.  May I export them?

    Yes.  This is an import ban only.

6.    I have Burmese rubies that I wish to export to sell at a trade show in Hong Kong, and then I wish to import any unsold rubies back into the US in the same condition that they were in when exported.  Is this a problem?

As long as you are able to prove that the rubies were here in the US before September 27, 2008, and you do not change their condition (ie. place them into jewelry, or have them cut and polished) while out of the country and you are the person or entity that both exports and re-imports, you may re-import the rubies.  Be sure to have all your paper work in order for the re-import.


7.    I wish to export Burmese jadeite from the US to China to have it set in jewelry, and then re-import the finished jewelry into the US.  Is this a problem?

You may not re-import Burmese jadeite back into the US if it has been “advanced in value” – and setting it into jewelry is probably an advancement in value.  You will probably not be able to re-import this jadeite when it is set into jewelry.

8.    Does the ban apply to Burmese sapphires?

The trade ban applies only to Burmese rubies and jadeite, and no other Burmese gemstones.

9.    I hear there is a grace period to October 26, 2008.  Can I import Burmese rubies during that time?

There is a grace period, but it applies only to complying with the requirements for import of non-Burmese rubies and jadeite.  No Burmese rubies or jadeite could be imported into the US starting on September 27, 2008.  No grace period for the importation of Burmese rubies or jadeite was provided in the law.

10.    If an international dealer has placed a Burmese ruby in the US on consignment before the legislation came into effect, can it be returned to the dealer outside the US?
    

Yes – this is an import ban only.  

11.    Can a US dealer export (on consignment) and then re-import (if not sold) a Burmese ruby they have owned from before the new legislation came into effect?
The dealer can export a Burmese ruby that was in the US before the effective date of the ban (September 27, 2008) and re-import it back into the US only if the dealer is the same dealer that both imports and imports, and can prove that the ruby was in the US before the ban, and as along as it was not advanced in value (cut or polished or placed into jewelry). 

   
12.    Is there any grandfathering of product movement allowed between the States and Canada?

No.  The law applies as of September 27, 2008 to all imports from any country of rubies and jadeite of Burmese origin. 

 
13.    If a parcel of small Vietnamese rubies is purchased in Thailand and it is stated on the invoice that they are from Viet Nam, is that sufficient proof to consider them Vietnamese in regards to exporting from Canada to the States?

No it is probably not sufficient.  The importer must use the correct Harmonized Customs codes which act as a importer’s certification to US Customs that the rubies are not from Burma.  Further, the exporter must provide a written declaration that the rubies were not mined or extracted from Burma, and the country of export has sufficient internal controls to ensure that they are not from Burma.

14.    Where do I find the correct new Harmonized Customs Codes?  

Click here for a complete chart of the new Harmonized Tariff Codes for non-Burmese rubies and jadeite, and jewelry containing rubies and jadeite.  

15.    How do the regulations apply to finished jewelry manufactured abroad that contains Burmese rubies?  

Jewelry containing Burmese rubies or jadeite manufactured abroad cannot be imported into the US.