1200-7
1209
Situations where the manufacturing requirements are not applicable. The manufacturing requirements are not applicable in the following situations:
1209.01
Author not U.S. national or domiciliary. If, on the date when importation is sought or public distribution in the United States is made, the author of any substantial part of the nondramatic literary material in the English language is neither a national nor a domiciliary of the United States, the manufacturing provisions do not apply. Where a work was previously registered naming as author a person who was at that time neither a national nor a domiciliary of the United States, a request for an Import Statement for such work will not ordinarily be questioned, since the nationality or domicile of the author may have changed between the time registration was made and the time importation is sought.
1209.02
Author domiciled outside the United States for one year. If the author is a national of the United States but he or she has been domiciled outside the United States for a continuous period of at least one year immediately preceding the date when importation is sought or public distribution in the United States is made, the manufacturing requirements are not applicable.
Examples:
1)
If the author of an English-language book is a U.S. citizen who has been domiciled in France for three years before requesting importation of a book manufactured in the Netherlands, unlimited importation is allowed.
2)
If, with regard to the work mentioned in the above example, the importation of a reprint edition is later requested after the author has changed his domicile to the United States, an Import Statement would be required.
[1984]
