Notable Sanctions-related Customs Ruling - CROSS Customs Ruling NY F83946

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TURBOFAC Commentary (241 words)

Notes:

1) Compare with other Customs rulings involving 560.206 of the . Here, Customs essentially rules that "Iranian-origin goods" subject to 560.206 include items that predate the modern state of Iran (here referred to as Persia), even if they are being imported from a third country, and irrespective of age. The ruling also illustrates the rigidity of the informational materials exemption, which applies to some "antiques," but only if they are within the HTS subheadings included at 560.315.

2) Together, CROSS Customs Ruling NY I82142, CROSS Customs Ruling NY E89509, CROSS Customs Ruling NY G83530 and CROSS Customs Ruling NY F83946 appear to stand for the propositions that i) there is no limit to how old an item may be, it is subject to 560.206 if it originates in the territory of what is modern-day Iran (and possibly even the predecessor state whose boundaries were different from the current one), but ii) for items that have been outside of Iran since before the embargo was imposed—but only those items—OFAC may accommodate such situations without issuing licenses.

560.303 provides that "The term Iran means the territory of Iran and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the Government of Iran claims sovereignty." The relation back to the "territory" serves as the basis for considering even ancient Persia as within the scope of "Iran" for the purposes of the regulations.

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CROSS Customs Ruling NY F83946

TURBOFAC Commentary (241 words)