How to Import into the US

Here’s a new HTS lookup service for anyone who’s ever had problems finding HTS tariff codes for their import or export shipments.

Basically, you can use it to look up tariff rates for any item with a keyword search, or by typing in the HTS number directly. There are a few software packages that you can buy to do this kind of lookup, but this one is free and you don’t have to signup or give out your email. I also imagine that they keep it up to date with the latest HTS versions, so no worrying about that.

Here’s the link to find hts codes

The free service is cool, but on top of that they also offer a downloadable version of the same database that powers their site. I’ve seen this same product go for $400+, and they have it listed for about that half price. If you need that kind of data for a larger import business or some other application (I use it on this site), then it’s a pretty good deal. Here’s the link to download the HTS database. If you find any other good uses for that data, let me know and I’ll list them on our sit

10/15/2009 – BIS publishes Final Rule on Encryption Simplification

The Bureau of Industry and Security (BIS) published the interim final rule entitled ”Encryption Simplification” on October 3, 2008 (73 FR 57495). This rule finalizes that rule, corrects errors published in the October 3, 2008 interim final rule, and resolves inconsistencies in that rule identified by the public.

This rule is effective October 15, 2009.

BIS published the interim final rule entitled ”Encryption Simplification” on October 3, 2008 (73 FR 57495). This rule removed section 744.9 of the EAR, which set forth requirements for authorization from BIS for U.S. persons to provide technical assistance (including training) to foreign persons with the intent to aid a foreign person in the development or manufacture outside the United States of encryption commodities or software that, if of U.S.- origin, would be ”EI” controlled under ECCNs 5A002 or 5D002.

Section 744.9 was added to the EAR in 1996 when jurisdiction over dual-use encryption items was transferred from the Department of State to the Department of Commerce. However, other parts of the EAR that referred to section 744.9 were inadvertently not removed. Therefore, this rule removes these references in § 730.5(d), § 734.5(c), § 736.2(b)(7)(ii), and § 744.1(a)(1). In addition, other corrections are made to harmonize with revisions made in the ”Encryption Simplification” rule published on October 3, 2008. Some of the revisions in this rule are the results of requests for clarification from the public on the October 3 encryption simplification rule.

For a full summary of the Federal Register Notice, you can access the link below:

http://www.bis.doc.gov/news/2009/fr_10152009.pdf

When does the ISF have to be filed?

• Not later than 24 hours prior to loading of the shipment to the vessel at the foreign port of lading.

Does the effective date of Jan. 26th mean that any shipment which is departing from the origin port on or after Jan. 26th is required to have an ISF, or any shipment arriving in the USA after Jan. 26th?

• The regulation is effective for any shipment loading to vessel at the origin port on or after Jan. 26th.

Do I have to present my complete set of shipping documents to you for ISF filing at that time?

• No; the minimum required data elements can be provided, along with a commercial invoice (which should be available at the time of filing), on a simple cover sheet and faxed/emailed to the filing agent. Additionally, FgL’s ABI software provider is developing a spreadsheet for this purpose, which can be emailed to FgL for filing. Other brokers will likely have similar options available.

What should the importer provide in order to accomplish the ISF filing?

• The minimum required data elements can be provided, along with a commercial invoice (which should be available at the time of filing), on a simple cover sheet and faxed/emailed to the filing agent. Additionally, FgL’s ABI software provider is developing a spreadsheet for this purpose, which can be emailed to FgL for filing. Other brokers will likely have similar options available.

Is the party actually receiving the freight the only one responsible for this filing?

• NO! CBP has defined the responsible party as the “ISF Importer”. See the Assessment [PENDING] page for more on this.

Doesn’t Customs realize that this is not possible?

• No. CBP does, however, recognize that this entails, or may entail, changes in some business practices. For this reason, there is a 12 month phased in compliance period.

So who files this?

• A party meeting the requirements to file electronically can file on behalf of the ISF importer, or the ISF importer may self-file, provided they have the technological capability. This means being either ABI or AMS participants. The filer (aka agent) does NOT have to be a licensed US Customs broker ; it can be a freight forwarder or other interested party meeting the technological capabilities. A power of attorney is required in all cases where an agent is performing the actual filing.

Is this going to cost?

• Yes! See the Assessment [PENDING] page.

If Freightgator files the ISF, what’s the fee?

• See the Assessment [PENDING] page.

So do we need new powers of attorney for existing clients?

• No.

What impact does the ISF have on Customs clearance?

• None, provided that it has been done. For importers without a continuous bond in place, evidence of the filing will be required by FgL, if not done by FgL, so as to minimize the risk of punitive damages against the broker’s bond.

What is the impact on freight forwarders?

• The only significant impact is that the AMS filing party will receive a DO NOT LOAD message if there is no ISF matched against the AMS bill of lading prior to the 24 hour cutoff. Depending on the processes ultimately created by all parties involved, there could be missed sailings due to missing ISF’s against shipments in a consolidation container.

After the shipment arrives in the USA, does it clear Customs again, or is this ISF in lieu of clearance?

• The ISF is a security filing only, and is not the same as a clearance or release. Although the entry summary data can be filed in conjunction with the ISF, the customary entry/release procedures are unchanged.

How long does the ISF process take?

• As of this writing, any estimate is speculative. The actual, total time will depend on several factors, such as when the data is received, and its’ accuracy and completeness. In theory, the minimum turnaround time would be about 5 minutes, accounting for data entry and ABI transmission to CBP.

If the importer does not have a continuous bond, will a single entry bond suffice for ISF purposes?

• No. The importer must have a continuous entry bond in force, or the new ISF bond which CBP has authorized. However, at this time, no information is available from FgL’s sureties as to the availability & pricing of this bond. Alternately, the ISF filer may use its’ own bond (i.e. the broker’s bond). See Fees for information on pricing. NOTE: CBP has suspended the bond requirements for the duration of the flexible enforcement period, being Jan. 26th, 2009 through Jan. 25th, 2010.

Is freight which is merely transiting the USA (imported but then exported under inbond conditions (IE, T&E)) required to have a security filing?

• Yes; the primary difference between IE/T&E cargo and regular imports is that only five data elements are required. Please see the CBP presentation for a glimpse of this information.

If CBP is not issuing Do Not Load messages for failure to file timely, and is also not assessing penalties, what incentive does an importer have to file?

• CBP will be issuing “report cards” to filers & importers as the flexible enforcement period progresses. These reports will demonstrate, in an enforced compliance phase, whether or not parties are negligible in compliance improvement, and thus, whether or not penalties will be enforced during the initial enforcement phases.

Does the AMS bill of lading have to be filed before the ISF?

• NO! The ISF can be filed at any time, irrespective of the AMS status. The ISF filer is notified of the bill’s AMS status at the time of filing (either on file or not); if the bill is not on file, ABI will hold the ISF for 30 days.

Chinese trade practice typically has manufacturers exporting through licensed exporters, who in effect become the shipper/selling party. In this case, the actual manufacturer may not be known. How does this affect the ISF requirement to supply the information for the manufacturer?

• The current regulation allows for the use of the party currently required by existing rules for standard entry procedures. In short, this means that we can use the shipper/selling party as the manufacturer for ISF purposes.

If you’re one of the small minority of businesses that exports military and ITAR controlled products overseas, you’re not going to find much to help you on our site – sorry.

You can download the International Traffic in Arms Regulations (ITAR) from our site, but there’s not a lot of discussion on how to use it or when it’s important.

Instead, I recommend that you check out our sister site ExportRules.com. They specialize in ITAR Compliance, export training and information for exporters of military goods.

If you’re a real compliance die-hard, check out their Sample Export Compliance Manual. It’s one of the best products I’ve seen for the development of military export compliance programs.

If that isn’t comprehensive enough for you, here’s an alternative ITAR manual

This question came in response to the post entitled What is a Foreign Trade Zone?

Sandra asks

This customs thing is very confusing to me, but I keep reading more and more to try to understand.I am going to be very up front. I like to sell mirror image designer handbags like LOTS of other people do.I just do’t understand how they get shipments thru customs without getting caught. But this letter may explain some of it. Can anyone put imports in a FTZ warehouse? How does that work?

My response

If you’re trying to sell knock-off purses that infringe on someone else’s trademark, then your shipments are probably going to get seized by Customs. One of the duties of the CBP is to protect against counterfeit goods and an FTZ is not a way around that. An FTZ is more of a quarantined holding area for special case shipments. The goods are allowed into the special US warehouse where you can work with them to some degree, but the are not allowed into the commerce of the United States (aka sold in the US) until they pass through the Customs process.

I can’t tell you 100% where the bags you see people selling are coming from, but I imagine that they either slip by Customs, are smuggled in, or are different enough from the trademark holder that they are allowed in.

Question

How Do Import Granite?

I am interested in importing granite slabs into the U.S. for fabrication and re-sale purposes. I would like to know the following:

• What license or permits are required?
• What forms are necessary to obtain the licenses/permits?
• Where can I find the necessary forms?
• How much does it cost to obtain the licenses/permits?
• How long does it take to receive the licenses/permits?
• What is the likelihood of receiving the necessary license/permits?
• Is it necessary to obtain separate credentials for each country from which I would like to import the material or will one set of credentials will allow me to import from various countries?

Answer

These questions are all very common for first time importers. Because you did not state otherwise, we’re going to have to assume that you’re importing granite from a country that maintains normal trade relations with the US (not Cuba or North Korea) and that you have not been previously restricted or barred from importing by US Customs.

What license or permits are required?

     Licensing

No licensing is required to import granite into the US. You can file the import paperwork yourself without obtaining any kind of license. Since the process can be cumbersome, it is recommended that you consult with a licensed Customs broker. A Customs broker will have to have a special license that allows them to transact Customs business on behalf of others. This is a confusing point for many importers.

     Permits

Since you are importing an agricultural commodity – you may be asked to fumigate your shipment. Granite slabs are potentially home to slugs and other parasites that might impact the US ecosystem. A Customs broker or freight forwarder can get you a quote for any fumigation that is required.

What forms are necessary to obtain the licenses/permits?

Again, no licensing is required. The basic paperwork that accompanies an import includes:

• A commercial invoice and packing list (that you or your vendor must produce). For granite be sure to detail the quantity you are importing in both metric tons and cubic meters on the invoice.
• The traveling paperwork created by the carrier (either an airline or steamship line). This if often referred to as a Bill of Lading.
• Customs form 3461 (which a Customs Broker will fill out for you) that serves as a formal request to Customs to allow import of the shipment.
• Customs for 7501 (which the Customs Broker will also fill out) that serves as a worksheet/receipt for US Customs detailing the amount of duty you owe.

Where can I find the necessary forms?

Your local Customs port office will have all the forms on hand that you need or will be able to direct you if you need anything unusual.

How much does it cost to obtain the licenses/permits?

Instead of a licensing fee, US Customs collects revenue based primarily as percentage of the total value of goods being imported. Unworked granite slabs will be between 0-3% depending on their level of workmanship (totally unworked or cut into blocks for shipping). The classification for granite is found in chapter 25 of the US Harmonized Tariff Schedule.

How long does it take to receive the licenses/permits?

It may take a few days for your broker to arrange a Customs bond, but no additional approval will be required.

What is the likelihood of receiving the necessary license/permits?

Unless you’ve previously been denied importing privileges by Customs or you are dealing with an unscrupulous vendor who has had problems in the past, chances are good.

US Customs is there to administer and facilitate international trade while protecting the economy of the United States and will not deny your shipment unless they have good reason.

Note: first time importers stand a higher chance of having their shipment detained by US Customs for exam. You may want to pad your budget/timeline to allow for the possibility.

Is it necessary to obtain separate credentials for each country from which I would like to import the material or will one set of credentials will allow me to import from various countries?

No licensing is required. You can import freely from Canada, Brazil, Italy, South Africa, etc. with the same process.

Additional information

If you’re looking for a supplier, here are the trade statistics for unworked granite or granite cut into rough blocks for 2005. This list contains country of origin and quantity in metric tons for your product to give you an idea of where most imported granite is coming from.

The U.S. International Trade Commission (ITC) today released its report examining the export potential of, and trade barriers faced by, sub-Saharan African countries eligible for trade preferences under the African Growth and Opportunity Act (AGOA).

The ITC, an independent, nonpartisan, factfinding federal agency, conducted the investigation at the request of the United States Trade Representative (USTR). The report, Export Opportunities and Barriers in African Growth and Opportunity Act-Eligible Countries, is intended to assist the President in conducting a study requested by Congress under the AGOA Acceleration Act. As requested by the USTR, the ITC’s study is limited to the 37 AGOA-eligible countries in sub-Saharan Africa. The report identifies, for each AGOA-eligible country, the major economic sectors with the greatest potential for growth in export sales and domestic and international barriers that impede trade growth in such sectors. Highlights of the report follow.

• Sectors or products exhibiting potential export growth include: existing exported products that a country could increase through improved productivity or product quality; products that reflect a country’s endowment strengths, but have not been exported in significant quantities; and products that represent downstream processing of existing export products. Export growth may also arise from increased export market diversification or increased penetration of existing markets.
• Barriers to increasing exports can arise from international or domestic policies, as well as geographic or regional trade-related features. ITC research in selected AGOA-eligible countries, especially interviews of company, association, and government representatives, as well as secondary sources, cited domestic impediments as the major barriers to increased exports. Hence, in the report, the examination of barriers that limit export growth focuses primarily on domestic barriers and impediments. International and domestic barriers are broadly defined to include impediments related directly to international transactions, as well as domestic factors within each AGOA-eligible country that impede export growth.
• The 37 AGOA-eligible countries have been categorized into nine country groups based on similar export patterns. The nine country groups are: petroleum-exporting countries (Angola, Cameroon, Gabon, Nigeria, and Republic of the Congo); predominantly mineral-exporting countries (Botswana, Democratic Republic of the Congo, Guinea, and Zambia); moderately mineral-exporting countries (Mozambique, Niger, Rwanda, Sierra Leone, and South Africa); cotton-exporting countries (Benin, Burkina Faso, Chad, and Mali); fish-exporting countries (The Gambia, Mauritania, Namibia, Senegal, Tanzania, and S o Tom and Principe); coffee, tea, and spice-exporting countries (Ethiopia, Kenya, and Uganda); other agriculture-exporting countries (Ghana, Guinea Bissau, Malawi, and Swaziland); apparel-exporting countries (Lesotho, Madagascar, and Mauritius); and transport services-exporting countries (Cape Verde, Djibouti, and Seychelles).
• Export Opportunities and Barriers in African Growth and Opportunity Act-Eligible Countries (Investigation No. 332-464, USITC Publication 3785, October 2005) will be available on the ITC’s Internet site at www.usitc.gov. A CD-ROM of the report may be requested by calling 202-205-1809 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

ITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the Senate Committee on Finance, or the House Committee on Ways and Means. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the ITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

This is the first time this dangerous Beetle has been found in the United States

MIAMI U.S. Customs and Border Protection (CBP) is responsible for ensuring that no intruders enter the United States undetected. This includes intruders of the six-legged variety. On March 1, 2006, CBP Agriculture Specialists were conducting an inspection of merchandise arriving from China, when they discovered a long-horned beetle, Rhytidodera bowringii, in a container of granite counter tops.
The live beetle was captured by a CBP Agriculture Specialist and sent to the USDA National Identification Service located in Washington, DC. Scientists there identified the beetle and verified that it was a first time interception in the United States.

The pest attacks mango trees, cashew and other trees by burrowing into trunks and branches, causing branch breakage, dieback, and eventually death. It has been reported that this pest is responsible for the destruction of more than 100 mango plantations on Hainan Island in China.

Florida is the number one producer of mangos in the United States. Over eighty percent of Florida mango production occurs in Miami-Dade County. Following an outbreak of citrus canker in Florida, and the ensuing destruction of millions of citrus trees throughout the state, many residents planted mango trees. The long-horned beetle poses a serious threat to Florida trees. CBP will continue to take the appropriate steps to keep this beetle and other agricultural pests that pose a threat out of the United States.

“This significant pest interception demonstrates the critical nature of the CBP mission, and the expertise of our highly trained CBP Agriculture Specialists,” stated Thomas S. Winkowski, CBP Director, Field Operations, Miami Field Office. “If this pest were to infest our mango trees, the results could be devastating to our local crops and could have significant economic impact on Florida farmers,” he added.

October 20, 2005, Washington, D.C. Today, United States Customs and Border Protection (CBP) Commissioner Robert C. Bonner and Canada Border Services Agency (CBSA) President Alain Jolicoeur signed a Container Security Initiative (CSI) partnership arrangement to move forward on the commitment of both countries to securing North American trade.

“The United States and Canada have implemented revolutionary initiatives to secure our countries borders, yet improve the flow of legitimate trade and people across our borders. Together, we have reinvented our mutual border and how we manage it,” said Commissioner Bonner. “The agreement we signed today represents a commitment between the U.S. and Canada to partner in one of the most revolutionary initiatives, CSI, to extend our mutual zones of security outward to foreign seaports.”

The CSI partnership arrangement was signed during the 12th meeting since 9/11 under the U.S./Canada Accord on our Shared Border and Commissioner Bonner’s last as Commissioner of the U.S. Customs and Border Protection.

“The signing of this arrangement is yet another example of how Canada and the United States work closely together to ensure the safety, security, and prosperity of both our countries,” said President Jolicoeur. “CSI is a valuable program that will assist us to ensure that the North American perimeter remains secure while improving the flow of trade at our maritime ports.”

The United States and Canada continue to take significant steps forward in coordinated efforts to increase the overall effectiveness of the respective border security programs. Goals/accomplishments include:

U.S. Customs and Border Protection (CBP) has for many years allowed different parties to be identified as the Ultimate Consignee for shipments of imported merchandise. This is largely due to concerns expressed by some entry filers over the difficulty in obtaining the correct Ultimate Consignee identification number at the time of entry or release. The current policy was written prior to September 11, 2001, and does not reflect the current need for accurate and advanced Ultimate Consignee data so that arriving shipments can be effectively targeted for security and enforcement examinations.

The Ultimate Consignee at the time of entry or release is defined as the party in the United States, to whom the overseas shipper sold the imported merchandise. If at the time of entry or release the imported merchandise has not been sold, then the Ultimate Consignee at the time of entry or release is defined as the party in the United States to whom the overseas shipper consigned the imported merchandise. If the merchandise has not been sold or consigned to a U.S. party at the time of entry or release, then the Ultimate Consignee at the time of entry or release is defined as the proprietor of the U.S. premises to which the merchandise is to be delivered.

For entry release, the current Ultimate Consignee reporting policy is outlined in CBP Directive 3550-079A, which requires that the Ultimate Consignee on a formal entry be identified with its appropriate identification number or an ABI transmission of the Ultimate Consignees name and address.

For informal entries, the Ultimate Consignee can be identified by an ABI transmission of the Ultimate Consignees name and address, but may also be identified with any of several other optional identification methods that may identify a different party as the Ultimate Consignee. For both types of entries, this policy has resulted in inaccurate historical Ultimate Consignee data, which seriously undermines CBP efforts to manage the security related risks associated with arriving shipments of imported merchandise.

For entry summary, the current Ultimate Consignee reporting policy is outlined in CBP Directive 3550-061 (later amended by administrative message 92-0717) that identifies the Ultimate Consignee number as the Internal Revenue Service employer identification number, the social security number or the CBP assigned number.

Note: CBP Assigned numbers are issued to non-resident corporations or individuals and therefore should rarely be used as the Ultimate Consignee number. This policy applies to both formal and informal entries.

The purpose of this letter is to correct weaknesses in the current CBP policy pertaining to the identification of the Ultimate Consignee at the time of entry or release and to unify entry release and entry summary Ultimate Consignee procedures. This policy change will incorporate the following:

• Formal Entries: The Ultimate Consignee on a formal entry must be identified with an appropriate Ultimate Consignee identification number, and may not be identified with an ABI transmission of the Ultimate Consignees name and address. If the Ultimate Consignee has not been issued an appropriate identification number as listed above, he/she must obtain one before his/her entry can be processed by CBP. If the Ultimate Consignee identification number is not provided at the time of entry or release, entry of the merchandise shall be denied.

   

• Informal Entries: At a minimum, the Ultimate Consignee must be identified with the Ultimate Consignees name and address, which can be provided to CBP through either an ABI transmission or through other available means to include manual processing methods.

  Note: In most cases the address will be a U.S. address not a foreign one. If a name and address is provided for Ultimate Consignee, the entry will not be allowed to be paperless and entry documents will be required for release. The Ultimate Consignee may also be identified by an appropriate identification number (as noted above), if one is provided by the entry filer.

  If the Ultimate Consignee is not identified by either an appropriate identification number or a name and address at the time of entry or release, entry of the merchandise shall be denied.

   

• Consolidated Entries: Consolidated release and entry summary is used by shippers and importers for shipments that have multiple ultimate consignees arriving at the border in a single conveyance. The Ultimate Consignee for each portion of a consolidated entry that equals or exceeds $2,000 in value must be identified with an appropriate Ultimate Consignee identification number. If the Ultimate Consignee does not have an appropriate identification number, he/she must obtain one before his/her entry can be processed by CBP. If the Ultimate Consignee identification number is not provided at the time of entry or release, entry of the merchandise shall be denied.

  For portions of a consolidated entry that are valued at less than $2,000, the Ultimate Consignee must at a minimum be identified with the Ultimate Consignees name and address but may also be identified with an appropriate Ultimate Consignee identification number if provided by the entry filer. If the Ultimate Consignee is not identified with either the name and address or an appropriate identification number at the time of entry or release, entry of the merchandise shall be denied.

  Due to ACS limitations, when consolidated entries are certified from summary data at the time of entry or release, the portion of the consolidated entry with the highest value must be included with the ABI transmission, while the Ultimate Consignees associated with the remaining portions of the consolidated entry must be identified on a separate list that must be attached to the entry package.

The policy for Ultimate Consignee number reporting format will be amended as follows:

• U.S.-Based Ultimate Consignees: The appropriate Ultimate Consignee identification number for U.S.-based ultimate consignees is defined as either an Internal Revenue Service employer identification number or a Social Security number. U.S.-based Ultimate Consignees are not to be identified with a CBP-issued Ultimate Consignee identification number.

  If a U.S.-based Ultimate Consignee does not have either an Internal Revenue Service employer identification number or a Social Security number, he/she must obtain one for any shipments that require the Ultimate Consignee to be identified with an appropriate Ultimate Consignee identification number. If the appropriate Ultimate Consignee identification number is not provided at the time of entry or release, entry of the merchandise shall be denied.

   

• Foreign-Based Ultimate Consignees: In the limited instances in which imported merchandise is consigned to an Ultimate Consignee that is not based in the United States, the Ultimate Consignee must be identified with a CBP-issued Ultimate Consignee identification number for formal entries, or in the case of informal entries, including consolidated entry lines with a value less than $2000, may be identified with either a CBP-issued Ultimate Consignee identification number or the name and address of the foreign-based Ultimate Consignee.

  CBP-issued Ultimate Consignee identification numbers are only to be used to identify foreign-based Ultimate Consignees and must be based on the name and address of the foreign-based Ultimate Consignee. If the foreign-based Ultimate Consignee does not have a CBP-issued Ultimate consignee number, he/she must obtain one before his/her entry can be processed by CBP. If the appropriate CBP-issued Ultimate Consignee identification number is not provided at the time of entry or release, entry of the merchandise shall be denied.

These reporting requirements will become effective October 1, 2004. A memorandum has been sent to the Directors, Field Operations that will serve as interim policy guidance until the current directives can be modified. Inspectors have been instructed to verify entry documentation to ensure that it conforms to the new Ultimate Consignee reporting policy. Non-compliant shipments will not be released. In addition, entry filers that violate the new policy may be subject to the issuance of penalties for failure to exercise due diligence.

I thank you for your assistance in disseminating this information to your members and for your efforts in assisting CBP in its mission of protecting the people of the United States from terrorism.

Sincerely,

Jayson P. Ahern
Assistant Commissioner
Office of Field Operations