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Index > Legal Services
C-TPAT
on 2008/9/8 18:00:00 (778 reads)

C-TPAT

To increase security against the use of incoming containers to smuggle in contraband and implements of terrorism, Customs initiated the C-TPAT in 2001. Specific legislation covering the program was enacted in 2006.

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Customs Valuation
on 2008/9/7 22:40:00 (826 reads)

Customs Valuation

If you simply buy your merchandise FOB from an unrelated party, and the invoice price fully sets forth the total amount paid or payable to the seller, there are few problems with valuation. The goods will be appraised at the FOB price paid or payable.

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Tariff Classification
on 2008/9/7 12:10:00 (684 reads)

Tariff Classification

There are thousands of different tariff classifications; duty rates vary widely depending on how goods are classified. While many products can be readily classified, there is often an overlap between or among different tariff provisions, where two or more classifications appear to apply. Assuring the proper tariff classification enables you to properly price out your merchandise and not risk unexpected duty assessments. The fact that you have been assigning a commodity under a particular classification and that your shipments have cleared Customs does not mean the classification is correct.

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Customs Penalties & Seizures
on 2008/9/7 4:20:00 (807 reads)

Customs Penalties & Seizures

Civil penalties for Customs violations are among the highest that can be imposed by any government agency. They can range from double the duties found to have been underpaid—for simple negligence–to the recall of merchandise cleared long before, to the full domestic (US resale) value of the goods. There are criminal penalties if intentional fraud can be established.

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Currency Seizures
on 2008/9/6 9:40:00 (786 reads)

Currency Seizures

Anyone carrying $10,000 or more in cash or negotiable securities into or out of the United States must report this to US Customs before entering or leaving the country. While it is not in any way unlawful to bring in or take out any amount, failure to make the report this will result in the seizure of the funds by US Customs. Most often, the monies seized can be recovered through the administrative process.
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Customs Record Keeping Requirements and Customs Audits
on 2008/9/4 18:30:00 (725 reads)

Customs Record Keeping Requirements and Customs Audits

Customs has stringent record keeping requirements. You might have been importing for years and still not be aware that your records are not up to legal standards.

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Marking Requirements
on 2008/9/3 18:40:00 (541 reads)

Marking Requirements

All imported merchandise to be marked to indicate country of origin—with important exceptions. The Federal Trade Commission ( FTC) has stringent marking requirements, especially for wool, fur and textile products and products labeled “Made in USA.” Failure to adhere to the requirements will result in expenses due to recalls, expensive re-labeling and attendant delays. If the goods had previously been released and distributed, and cannot be recalled, there will be immediate penalty exposure.

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Duty Exemptions
on 2008/9/2 11:50:00 (551 reads)

Duty Exemptions

The US has FTA’s—Free Trade Agreements—with many countries under which qualifying goods are imported duty-free. Requirements under the different FTAs vary significantly—each is a separate treaty, reflecting different national concerns. Stringent documentary requirements are imposed by Customs to confirm that your goods qualify under an FTA but these are not generally reviewed for adequacy by Customs on entry and until requested. Such requests usually come long after importation. A properly established import program can avail you of the benefits of the FTA while minimizing administrative costs and exposure to retroactive loss of the exemption and to penalties.
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Duty Drawback
on 2008/9/1 19:50:00 (669 reads)

Duty Drawback

Drawback is the refund of 99% of duties paid on imported goods when they are exported. Drawback applies to goods used in manufacturing a product domestically which is then exported and to merchandise which is imported, not used here, and re-exported. Significant savings result in participating in a drawback program.
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Copyright and Trademark
on 2008/8/31 18:50:00 (621 reads)

Copyright and Trademark

Protecting of trademarked and copyrighted works from infringement is one of the highest priorities of US Customs. Customs severely penalizes those caught attempting to import infringing merchandise. The liability is strict—even if an importer did not know or have a practical way of knowing that its goods infringe on the intellectual property of another, it will be difficult to avoid the confiscation of the shipment—including accompanying non-infringing goods. Penalties range from seizures of the goods to civil fines to—where intent can be established—the institution of criminal cases.

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