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  • Import Export Attorney: Made in the good old USA

    There are often substantial differences depending on the country regarding the determination as to the country of origin. A product that is produced for export in the United States may not be eligible for sale in the United States. It is wonderful to see and hear of companies keeping production within the United States and bring jobs to Americans as opposed to having production done overseas. All the more so I give these companies credit because to use the term "Made in USA," on products requires strict adherence to the[...]

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  • Customs Attorney: Marking Continued

    As discussed in the last marking post the requirements for marking must be: 1. in a conspicuous place2. legible3. permanent 4. English name as to the country of originLet us explain these even further shall we.Legible and ConspicuousThe person who ends up with the product the "Ultimate Purchaser," must be able to find the marking easily without straining him or her self. Some uses I have seen include, tags and stickers depending on the type of good. What size font should I use? Depends on the type of product. For[...]

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  • Customs Attorney: Marking

    Generally, every imported or exported good is subject to marking regulations from at least one of the federal agencies. Marking requirements are enforced by physical inspection of the goods and also after release of the goods via a notice of redelivery and marking (CF4647). If Customs finds that marking is incorrect, they will delay the release of the goods until the marking is corrected. Incorrect markings can result in delays and high expenses for remarking goods or may result in a liquidated damages claim against the importer for failing to[...]

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  • Customs Attorney: U.S. Customs Took My Money at the Airport – Currency/Money Seizure

    Can U.S. Customs seize your money at the airport? Yes, if one failed to properly report all cash and cash equivalents transported into or out of the country. See Currency and Foreign Transaction Reporting Act (31 U.S.C. 5311, et seq.) When do I have to declare my money to Customs? Most people are uninformed of the reporting requirement however, “If you transport, attempt to transport, or cause to be transported (including by mail or other means) currency or other monetary instruments in an aggregate amount exceeding $10,000 or its foreign equivalent) at[...]

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  • Customs Attorney: Substantial Transformation

    A quick explanation of substantial transformation:As mentioned in the earlier post - Country of Origin - substantial transformation is the degree to which processing of an article leads to a new article, with a different name, character, and use. In addition, Customs uses a second method known as the “tariff shift” i.e. change in tariff classification, which is also used to determine substantial transformation. As of now, there are no uniform rules that settle country of origin questions. As a result, substantial transformation can be highly subjective and tend to[...]

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  • Customs Attorney: Country of Origin

    What is the "Country of Origin?" Generally, the country of origin refers to the country where the product was grown, produced, or manufactured. This is easily applied when the product is produced in one country using domestic materials. For example, a bicycle that is manufactured in India using components all made in India has the country of origin "Made in India." However, today it is unrealistic to think that all materials, components, and labor all stem from the same country. Using the bicycle example, the wheels may be from USA,[...]

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  • International Trade Attorney: Countervailing Duties

    What are countervailing duties?Countervailing duties, similar to anti-dumping is a trade remedy to neutralize foreign economic threat. Specifically, countervailing duties are duties imposed by the U.S. government against tax reduction, grants, bounties, or any other subsidy provided by a foreign government on exported goods.For example, in our country the government provides corn growers a tax credit whereby they pay them to use their corn for ethanol instead of food.Who determines if a countervailing duty is applicable?Same as in the anti-dumping matters, "Commerce determines whether the alleged . . . subsidizing[...]

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  • International Trade Attorney: Anti-Dumping Duties

    What are anti-dumping duties? Duties imposed against goods from foreign countries that are sold significantly lower in their country of origin or comparable third country markets - destroying the U.S. market for that product in the process. For example: Company X, an exporter from China is selling massive quantities of iPod's to U.S. resellers for the wholesale price of $50 a piece when the average price for an iPod sold at wholesale price in China is $200 a piece. So what? A great deal is just that, a great deal,[...]

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  • Customs Attorney: "Drawback" – What is it?

    What is "Drawback"? A program that provides a refund for a majority of goods that are exported or destroyed after importation into the United States.If the goods are exported or destroyed drawback permits Customs to refund 99% of the duties when the goods were imported into the U.S. The only difficult part about drawback is that you must maintain precise compliance with the drawback rules and regulations - the government is not going to just return money willy nilly. The importer must fill out the drawback application before exportation.There are[...]

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  • Customs Attorney: Programs to Reduce your Duties

    The United States offers a number of special duty reduction programs for products that originate from certain countries. Each of the programs requires that the good originate from beneficiary country. If the good was imported into the beneficiary country then the material must be "transformed" by a process or manufactured into a product of that country. Transformation is where things get a bit gray, contact an expert to determine if and how a good can be transformed. Value Requirements: The amount of value to be added consists of: 1. the[...]

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