How can U.S. Customs prevent the importation of goods that may infringe my company’s trademarks?

Paula M. Connelly

Intellectual property rights protection is currently a high priority area for U.S. Customs and Border Protection (CBP).  Not only does CBP want to protect the owners of the registered trademark, the agency also wants to protect the public from possible harmful effects from infringing articles. As an importer, in order to enjoy protection from infringing [...]

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With all this talk about government sequestration beginning on March 1, should I be concerned about my international trade business?

Paula M. Connelly

According to U.S. Customs & Border Protection, importers and exporters will feel the effects of sequestration as soon as March 1.    In addition, the cuts will also affect Food & Drug Administration, U.S. Department of Agriculture, TSA and other agencies who have jurisdiction over imports and exports. Customs is facing $754 million in budget cuts. [...]

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What are the new SEC requirements for companies who import products which may be manufactured with “conflict materials”?

Paula M. Connelly

Last August the Security and Exchange Commission adopted a new rule which requires all companies who (1) file reports with the SEC pursuant to Exchange Act Sections 13(a) or 15 (d) and (2) use conflict materials which are “necessary to the functionality or production” of a product manufactured by the company or for which the [...]

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If I import a product into the U.S. and then export it to a customer who in turn ships it back to me, must I pay duty again?

Paula M. Connelly

The simple answer is that an article of foreign origin is considered dutiable each and every time it enters the United States.   For example, if you imported 60 pocketbooks of Italian origin dutiable at a rate of 17.6% in February of this year and then shipped those products to a customer who returned them to [...]

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How could we handle a sales transaction from our supplier in China to a customer in the U.K.?

Paula M. Connelly

We are a U.S. company importing into the U.S.  In addition, we sometimes ship to customers in Canada and will act as a non-resident importer of record in that country.  How could we handle a sales transaction from our supplier in China to a customer in the U.K.?  In today’s global business environment more and [...]

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What are my remedies if I pay too much duty to U.S. Customs?

Paula M. Connelly

Under the Customs regulations, if you overpay duty on a Customs entry there are options to recoup the duty available to an importer.  Basically, there are two options, with one available prior to Customs liquidating the entry and one available after liquidation.  In basic terms, liquidation occurs when Customs accepts the entry as entered, agreeing [...]

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Can you provide me with information on U.S. embargoes and how they affect the import and export of goods to and from the U.S. Iran?

Paula M. Connelly

That’s a great question to ask before you decide to import or export goods to or from an embargoed company.   All U.S. embargoes are enforced by the Office of Foreign Assets Control which is part of the Department of Treasury.  Embargoes are generally enacted as a punitive measure against a country which has caused some type [...]

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Can you explain to me what the Automated Export System is and why it is important when I am exporting products from the U.S.?

Paula M. Connelly

The Automated Export System (AES) was developed to replace the old Shipper’s Export Declarations that were manually filed with Customs for each export transaction.  The regulations pertaining to the AES program are found in 15 Code of Federal Regulations, Part 30 and are enforced by the Bureau of Census, U.S. Customs, and the Bureau of [...]

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What do we need to know about NAFTA?

Paula M. Connelly

Our company is beginning to export products to Canada and Mexico.  Our new customers are requesting that we issue NAFTA Certificates of Origin for the goods that we ship them.  Some of the products we manufacture but some of the products are purchased from third parties either in the U.S. or abroad.  What do we [...]

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I supply tools, molds and components to my foreign supplier. Do these have any Customs consequences?

Paula M. Connelly

Yes they do.  Under the concept of “transaction value” which is the preferred method of appraisement for Customs purposes, items such as tools, molds, and components which are provided to the supplier, directly or indirectly, free of charge or at a reduced cost are considered an “assist” and the value of these items must be [...]

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Can you explain what antidumping and countervailing duties are and how they can affect my imported merchandise?

Paula M. Connelly

Antidumping and countervailing duties can be assessed on imported products when a domestic manufacturer of a product petitions the government for relief based upon the fact that they are being harmed by foreign producers who are exporting the same product to the country at a less than fair cost. In the U.S., antidumping duty cases [...]

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What is the European Union’s Authorized Equipment Operator (AEO) program?

Paula M. Connelly

Can you explain to me what the European Union’s Authorized Equipment Operator program is and why as a U.S. company, I should care about it? Basically, the Authorized Equipment Operator (AEO) program is the EU version of our Customs Trade Partnership Against Terrorism program (C-TPAT).  I discussed the C-TPAT program in more detail in an [...]

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