How to Import into the US

In a final rule published in the Federal Register on September 16, 2004, the U.S. Department of Agriculture (USDA) amended its regulations with the goal of decreasing the risk of introducing plant pests into the United States. USDA has adopted the international standard for wood packaging material (WPM) that was approved by the International Plant Protection Convention (IPPC) on March 15, 2002. The IPPC standard calls for most WPM to be either heat treated or fumigated with methyl bromide in accordance with the Guidelines and marked with an approved international mark certifying that treatment. The final rule, which becomes effective on September 16, 2005, will affect all persons using wood packaging material in connection with importing goods into the United States.

Agriculture Specialists keep imported flowers free of insects, pests, and diseases

U.S. Customs and Border Protection (CBP) agriculture specialists are making sure that the bouquet of flowers you order for your sweetheart this Valentine’s Day is free from insects, pests and diseases that could harm the agricultural and floral industries in the United States.

Whether it’s rare orchids from Thailand or roses from Colombia, it is the job of the CBP agriculture specialist to carefully inspect them before they get to the florist, the grocery store or the sidewalk stand.
CBP agriculture specialists are specially trained in how to inspect cut flowers, plants and fresh herbs for signs of insects, pests or diseases. During the inspection, if an infested shipment is found, a sample of the insect, pest or disease is sent to a U.S. Department of Agriculture identifier.

If the sample is “actionable,” that is, not known to exist in the United States, or is an exotic invasive species detrimental to American agriculture, the shipment is ordered for fumigation, destruction, or reexport. If not actionable, the shipment is released to the importer or consignee.

The top three U.S. ports of entry that receive the most imported cut flowers are Miami, Los Angeles and New York. In a single shipment, CBP agriculture specialists working at any of these ports inspect samples representing up to 50 different varieties of cut flowers.

The top three imported cut flowers are roses, carnations and chrysanthemums. In 2005, more than 6,000 actionable insects or pests were intercepted at the port of Miami. The most common insects found were leaf miners, caterpillars and leaf bugs.

At international ports of entry, land borders, and international mail facilities, CBP agriculture specialists are the front line in the fight against the introduction of insects, pests and diseases into the United States.

Washington, D.C. U.S. Customs and Border Protection (CBP) and the government of Oman announced that the Port of Salalah today becomes the 43rd operational Container Security Initiative (CSI) port to target and pre-screen maritime cargo containers for terrorists and terrorist weapons destined for U.S. ports.
CBP and the government of Oman signed the declaration of principles on November 19, 2005.

The Container Security Initiative was launched in January 2002 and is a revolutionary and dynamic initiative to secure maritime cargo shipments against the terrorist threat. Information about containers headed to the U.S. is sent 24-hours prior to departure. Representatives from the government of Oman, working with CBP officers based in Oman, will be responsible for screening any containers identified as a potential terrorist risk.

The Port of Salalah will utilize large-scale and sophisticated radiological detection equipment to identify nuclear material under a provision with the U.S. Energy Department’s MegaPorts Initiative.

“CSI’s continuing expansion fully supports the CBP mission of protecting the American public against terrorists and terrorist weapons from entering the United States while fostering our Nation’s economic security through lawful international trade,” said Acting Commissioner Deborah J. Spero.

Currently, there are operational CSI ports in Europe, Asia, Africa, the Middle East, and North and South America. Approximately 75 percent of cargo containers headed to the U.S. originate in or are transshipped from CSI ports.

CSI is an accepted model of international cooperation to protect the global supply chain against terrorism. CBP’s goal is to have 50 operational CSI ports by the end of 2006. At that time, approximately 82 percent of all cargo imported into the United States will be subjected to pre-screening. On average, every day about 40,000 seagoing containers are offloaded at America’s seaports.

The World Customs Organization (WCO), the European Union (EU), and the Group of Eight Nations (G8), support CSI expansion and have adopted resolutions implementing CSI security measures at ports throughout the world.

Washington, D.C. U.S. Customs and Border Protection (CBP) has seized more than $10 million (over the last four months) in goods that were misdescribed in an effort to circumvent trade laws and regulations. CBP plays a critical role in enforcing trade laws and ensuring that appropriate revenue is collected.
Many different schemes are used to evade duty or quotas on textiles being brought into the country. Some importers circumvent quotas by transshipment-changing the country of origin of their goods. Still others use false documents or labels or provide incorrect descriptions of the merchandise. Textile imports are especially important since they represent 43 percent of all revenue collected. “CBP is committed to facilitating and stimulating the flow of legitimate international trade and collecting import duties. However, CBP also intends to maintain a robust trade enforcement program and textiles is a priority issue,” said Acting Commissioner, Deborah J. Spero.

Import Specialists in CBP with specialized commodity knowledge analyze and review textile imports for possible violations. Focusing on this commodity has paid off with the seizure of several major shipments.

One of the enforcement tools being used is on-site verification of manufacturers. In November 2005, CBP Textile Production Verification teams traveled to foreign factories to review and verify that wearing apparel that is shipped to the U.S. is produced at those facilities. The Textile Production Verification Teams reviewed 195 high-risk foreign factories. Of these, 70 were closed, 24 refused the team admission, 50 were considered high potential for transshipments and three had evidence that they were engaging in illegal transshipments. As a result of these site visits CBP is currently in the process of seizing shipments with a domestic value of 1.3 million from any factory that was determined closed.

Sites are selected after extensive trade analysis. Countries are categorized based on risk for non-compliance with trade laws and policies. Those countries that are identified as high-risk go to the top of the list for verification activities, but selection of individual manufacturers is also a result of the application of stringent targeting techniques. Verifications are ongoing and visits to additional locations are being planned.

CBP has initiated a special operation to address the misdescription of merchandise. Over the course of the last four months CBP has seized more than $10 million in misdescribed goods and identified a scheme to circumvent the China safeguards by misdescribing cotton merchandise as ramie which has a much lower rate of duty. In November and December 2005, over 2,000 additional examinations were conducted to identify smuggling and misdescription of merchandise. In addition to the seizures made, CBP import specialists identified significant Intellectual Property Rights (IPR) violations.

During fiscal year 2005, textile and wearing apparel reviews conducted by Regulatory Audit recommended recoveries of over $4, 974,000. In addition, discoveries of violations have been found in textile imports of the Caribbean Basin Trade Preference Agreement, the Singapore Free Trade Agreement, and classification errors resulting in more than $900,000 in recovered revenues.

CBP import specialists at the ports of entry are receiving extensive Free Trade Agreement (FTA) training to target possible violation of FTA requirements in shipments entering U.S. trade. Yet another resource used to identify misdescribed merchandise are the CBP Laboratories. Laboratory analysis can establish the make-up of any textile product through chemical and fiber analysis. “CBP has an arsenal of tools to ensure compliance with laws and regulations governing imports,” said Janet Labuda, Director, Textile Enforcement and Operations Division. CBP will continue to use a multi-faceted, but complimentary approach consisting of trade pattern analysis, on-site verifications, review of production records, audits, and laboratory analysis to enforce our trade laws and to ensure that appropriate revenue is collected.

The Department of Commerce today announced that industry experts in automotive, information technology and healthcare will be posted in Michigan, California and Maine, respectively, to more effectively focus on the specific needs of these industries. “The best way to take the pulse of industry is to send our experts into the field where professionals encounter real-world challenges every day,” said Assistant Secretary for Manufacturing and Services Al Frink. “Our field specialists will be better prepared to make recommendations regarding the issues that most impact our manufacturing competitiveness.”

On August 15, 2004, U.S. Customs and Border Protection (CBP) published the “Required Advance Electronic Presentation of Cargo Information” for importers, carriers, and commercial truck drivers to meet the requirements of the Trade Act of 2002. This notice is to inform truck carriers when they will be required to transmit advance electronic cargo information to CBP regarding cargo they are bringing into the United States, as mandated by section 343(a) of the Trade Act of 2002 and the implementing regulations.

These regulations, titled 19CFR123, specify that truck carriers carrying Border Release Advanced Screening and Selectivity (BRASS) merchandise may only utilize drivers who are registered under the Free and Secure Trade (FAST) program and carrying a valid FAST Driver Card.

CBP will begin enforcing the requirements indicated in the “Required Advance Electronic Presentation of Cargo Information” November 15, 2004.

The FAST Commercial Driver Program is the result of United States, Canada and Mexico Border Partnership Action Plans. These plans are designed to enhance the security of our shared borders while facilitating the legitimate flow of low-risk commerce. These initiatives were implemented by CBP with the cooperation and assistance from the Governments of Mexico and Canada.

There are separate applications for the Northern Border FAST and Southern Border FAST programs. Applications take approximately six weeks to process for registration in the Northern Border Fast program and two weeks to process for registration in the Southern Border Fast program.

As of November 15, any BRASS shipment that is not being hauled by a FAST registered driver will be denied entry into the United States.

For travel within the Western Hemisphere, (Canada, Mexico, Caribbean, Central and South America)

• Valid US Passport or
• Certified copy of their birth certificate or record of baptism accompanied by a picture ID – Driver’s license, State ID card, or Military ID.

For travel outside the Western Hemisphere

• A US Passport is required.
• Other documents that may serve as proof of citizenship include a state or government issued record or birth or baptism.

Notes

• Certificates issued by hospitals are not acceptable as proof of citizenship.
• Laminated birth certificates are not acceptable as the raised seal used to identify authenticity is indistinguishable.

BEIJING, China – In China with a delegation of U.S. manufacturers led by National Association of Manufacturers president Jerry Jasinowski, Under Secretary of Commerce for International Trade Grant Aldonas today unveiled new tools to help U.S. companies expand exports to China’s growing market – the China Business Information Center, American Trade Centers and the Global Supply Chain Initiative. According to U.S. Commerce Department trade statistics, through June of this year, U.S. exports to China are up 36 percent over the same period last year, making China one of the fastest-growing U.S. export markets, and the sixth-largest U.S. export market overall. Last year, China’s worldwide imports increased by more than 40 percent. “Free and fair trade helps create jobs at home by opening foreign markets to American exports, but one of the biggest hurdles U.S. small and medium-size companies (SMEs) face in trying to export to China is a lack of information,” said Aldonas. “Eighty-six percent of all U.S. firms exporting to China are small and medium-size enterprises, and these new resources are part of the Bush administration’s commitment to helping smaller firms expand exports and create new jobs for Americans.”

The China Business Information Center (BIC) is the first comprehensive U.S. federal government resource aimed at helping American businesses take advantage of China’s rapid integration into the global economy. The BIC offers clients access to counseling with trade specialists in the United States, referrals to USFCS officers in China, and helps channel trade leads to clients through U.S. Export Assistance Centers. The BIC consists of an 800 number that the public can use to speak with a China specialist; a website with China-focused information and export tools; and a series of outreach events planned throughout the United States.

The US International Trade Commission updates the Harmonized Tariff Schedule on a yearly basis to reflect new legislation, trade practices, and adjusted tariff rates. In addition to yearly updates, interim updates are published throughout the year to reflect current international trade standards and practices.

Effective September 1, 2006 the following major changes have been made to the US Harmonized Tariff Schedule:

• Presidential Proclamation 8039 (71 F.R. 43635) of July 27, 2006, To Implement The United States-Bahrain Free Trade Agreement, and for Other Purposes, effective August 1, 2006 Federal Register
• Presidential Proclamation 8033 (71 F.R. 38255) of June 30, 2006, To Modify Duty-Free Treatment Under the Generalized System of Preferences, effective July 1, 2006 Federal Register Notice
• Presidential Proclamation 8034 (71 F.R. 38509) of June 30, 2006, To Implement the Dominican Republic-Central American-United States Free Trade Agreement with Respect to Guatemala, effective July 1, 2006
• Determinations Under the African Growth and Opportunity Act-United States Trade Representative Notice to add the Republic of Chad to the List of Countries Eligible Under AGOA (71 FR 24762)
• Presidential Proclamation 7995 – To Extend Nondiscriminatory Treatment for Products of the Ukraine (71 FR 16969)
• Presidential Proclamation 7996 – To Implement the Dominican Republic-Central America-United States Free Trade Agreement With Respect to Honduras and Nicaragua (71 FR 16971)
• Modifications to the Harmonized Tariff Schedule of the United States to Implement the Dominican Republic – Central American – United States Free Trade Agreement with Respect to Honduras and Nicaragua (USITC Pub. 3845, March, 2006)
• Presidential Proclamation 7987 – To Implement the Dominican Republic – Central America – United States Free Trade Agreement (71 FR 10827)
• Modifications to the Harmonized Tariff Schedule of the United States to Implement the Dominican Republic – Central American – United States Free Trade Agreement with Respect to El Salvador (USITC Pub. 3829, March 1, 2006)

BUREAU OF INDUSTRY AND SECURITY (BIS) F.R. ORDER

India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification “On January 12, 2004, President George W. Bush announced the Next Steps in Strategic Partnership with India. The proposed cooperation outlined in the NSSP will progress through a series of reciprocal steps that build on each other, including steps related to enhancing cooperation in peaceful uses of space technology and steps to create the appropriate environment for successful high technology commerce. This rule implements three initial steps the United States has agreed to take under the NSSP. These steps are: To remove the Indian Space Research Organization Headquarters, Bangalore from the Department of Commerce Entity List; to remove the export license requirements for items subject to the Export Administration Regulations having a classification of EAR99 or a classification where the third through fifth digits of the Export Commodity Classification Number are “999”, e.g. XX999, for the seven (7) ISRO subsidiaries listed on the Entity List; and establish a presumption of! approval for all items not controlled for nuclear proliferation reasons going to the “balance of plant” portion of Indian nuclear facilities subject to International Atomic Energy Agency safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2). This rule also makes one clarification in order to make clear the longstanding interpretation that information regarding the Entity List published in the Federal Register is intended to inform the public, not simply to inform exporters.”

69 FR 56693-95

Published 09-22-2004 [Effective: September 22, 2004]