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Government

DoS: Department of State

November 12th, 2007

The Department of State and Agency for International Development (USAID) Strategic Plan for Fiscal Years 2004 to 2009 sets forth the Secretary of State’s direction and priorities for both organizations in the coming years. The Strategic Plan supports the policy positions set forth by President Bush in the National Security Strategy and presents how the Department and USAID will implement U.S. foreign policy and development assistance.

DoS: Department of State

Government

US Customs and Border Protection

November 12th, 2007

The priority mission of CBP is to prevent terrorists and terrorist weapons from entering the United States.This important mission calls for improved security at America’s borders and ports of entry as well as for extending our zone of security beyond our physical borders - so that American borders are the last line of defense, not the first.

US Customs and Border Protection

Government

BIS: Bureau of Industry and Security

November 12th, 2007

The mission of the Bureau of Industry and Security (BIS) is to advance U.S. national security, foreign policy, and economic interests. BIS’s activities include regulating the export of sensitive goods and technologies in an effective and efficient manner; enforcing export control, antiboycott, and public safety laws; cooperating with and assisting other countries on export control and strategic trade issues; assisting U.S. industry to comply with international arms control agreements; and monitoring the viability of the U.S. defense industrial base and seeking to ensure that it is capable of satisfying U.S. national and homeland security needs.

Import, US Customs

What is OGA?

November 12th, 2007

Question

What is OGA?

Answer

The term OGA refers to Other Government Agency. Part of the mission of US Customs is to regulate and apply duty to incoming shipments which will enter the commerce of the United States.

All imports are subject to the import requirements of US Customs, but some products face additional regulations from various other government agencies. It is the responsibility of US Customs to enforce the regulations imposed by other agencies at the port of entry. Examples of other government agencies include:

  • FDA - the Food and Drug Administration which regulates food, drugs, and consumer/commercial products which may have an impact on the health of the user.
  • BIS - the Bureau of Industry and Security which regulates the import and export of “dual-use” goods that have both civilian and military applications.
  • EPA - the Environmental Protection Agency which regulates imports that may have an impact on the environment.
  • DOT - the Department of Transportation which regulates the import of motor vehicles and other forms of transportation.
  • PMDTC - the Office of Political Military Defense Trade Controls which regulates the import and export of products and technology that may impact the national security of the United States.
US Customs

What is AMS?

November 12th, 2007

Question

What is AMS?

Answer

Automated Manifest System (AMS) The Automated Manifest System (AMS) is a multi-modular cargo inventory control and release notification system.

AMS interfaces directly with Customs Cargo Selectivity and In-Bond systems, and indirectly with ABI, allowing faster identification and release of low risk shipments. AMS speeds the flow of cargo and entry processing and provides participants with electronic authorization to move cargo release prior to arrival.

Please note: This article is intended for informational purposes only and is not specific legal advice. As an importer, it is your responsibility to meet all the legal requirements for importing goods.

Import, US Customs

What is a Line Release?

November 12th, 2007

Question

What is a Line Release?

Answer

The answer to this question lies in 19CFR142.41, subpart D which states:

Sec. 142.41 Line Release.

Line Release is an automated system designed to release and tract repetitive shipments. It is a method of entry or immediate delivery extended to importers of merchandise which Customs deems to be repetitive and high volume. Line Release may be used only at locations approved by Customs for handling Line Release. At certain high-risk locations along the land borders of the United States (the locations to be published in the Federal Register), which are approved by Customs for handling Line Release, the use of Line Release for particular shipments may be denied by Customs unless the imported merchandise is transported by carriers that participate in the Land Border Carrier Initiative Program (see, subpart H of part 123 of this chapter).

Please note: This article is intended for informational purposes only and is not specific legal advice. As an importer, it is your responsibility to meet all the legal requirements for importing goods.

Import, Logistics, US Customs

What is Transshipment?

November 12th, 2007

Transshipment is the act of shipping goods to an intermediate destination prior to reaching their ultimate end-use. Transshipment is a common practice with logistic benefits, but can be used to illegitimately to disguise country of origin or intent of the goods.

Transshipment is commonly used by smugglers and terrorists seeking to disguise the point of origin of their goods from Customs officials. Certain countries like Libya, North Korea, and Syria are considered higher risk for security threats while countries like China and Taiwan are likely sources for counterfeit goods. Importers can transship goods both intentionally and accidentally. Intentional transshipments are done to avoid higher duty rates levied on certain countries, avoid import restrictions like visa and quota restrictions, or make use of a special trade program to drastically lower duty rates.

Accidental transshipments are usually caused by miscommunication between foreign vendors or US buyers. Too often, US importers do not recognize the need for properly declaring country of origin and see reduced duty rates as smart business. Foreign vendors typically do not have the in-depth knowledge of US Customs regulations to advise against the practice.

Penalties

In addition to the loss of import privileges and seizure of imported merchandise, importers practicing transshipment may also be subject to an array of civil penalties under 19 U.S.C. 1592.

Maximum penalties for transshipment are:

  • Fraud: An amount not exceeding the domestic value of the merchandise.
  • Gross Negligence: The lesser of
    • the domestic value of the merchandise, or
    • four times the lawful duties, taxes, and fees, or
    • if the violation did not affect the assessment of duties, 40 percent of the dutiable value of the merchandise.
  • Negligence: The lesser of
    • the domestic value of the merchandise, or
    • two times the lawful duties, taxes, and fees, or
    • if the violation did not affect the assessment of duties, 20 percent of the dutiable value of the merchandise.
Miscellaneous

Online Contracts and Digital Signatures

November 12th, 2007

Question

Is there a good way to reduce the amount of paperwork involved in online contracts? My agreements are generally very simple and go out to overseas suppliers and vendors. Setting up a new vendor can cost us close to a hundred dollars in courier fees to get the dcouments signed.

Answer

My suggestion is to use an online service where you can create your contract and collect a digital signature. Digital signatures can be as legally enforceable as pen and ink signauters and they greatly reduce the amount of time and resources required for physical documents.

There are several pay services available if you require a high level of detail in your document’s language, but most of our transactions are less than paragraph in length. We use the free service at signatureconfirm.com to create a semi-formal record with our vendors that detail things like order quantities, shipping methods, and terms of sale.

Please note: This article is intended for informational purposes only and is not specific legal advice. As an importer, it is your responsibility to meet all the legal requirements for importing goods.

Logistics, US Customs

What’s an Inbond Transit (I.T.) Number?

November 12th, 2007

Normally when freight arrives in the US, a Customs entry is filed at the port of arrival. If it comes into Los Angeles, it is Customs cleared in Los Angeles (all import freight must be approved by US Customs before it can be released into the commerce of the US).

Sometimes however, it is beneficial for importers to move freight to another Customs port and to file a Customs entry there. In that case, Customs assigns an IT number to grant permission to the importing carrier to move the freight prior to clearance to another Customs approved, bonded warehouse in another port. IT numbers or (Inbond Transit) numbers come in several formats - they can be nine numerical digits, they can start with a V for ocean shipments, or they can be the same number used on an air shipment master bill.

The IT number must be properly reported to US Customs when the import broker files the entry. Freight said to be “moving on an IT” is traveling inbond from the port of entry to another port for clearance.

US Customs

What is a General Order Warehouse?

November 12th, 2007

Importers bringing merchandise into the United States for consumption must place their goods in a bonded facility while entry is filed with Customs. Goods remaining in a bonded facility for fifteen calendar days without an entry filed will be moved to a Customs approved, GO (General Order) bonded warehouse. There the goods will remain for six months from the date of import. If after six months, the goods have not been documented and duties/fees paid, they will be sold at auction, donated to charity or retained by the Government. Bonded warehouses must notify Customs of un-entered goods not later than 20 calendar days from the date of arrival in the port of import. Warehouse/vessel operators failing to report un-entered merchandise are subject to a penalty of up to one thousand dollars per bill of lading.