1. Formal Entry Assume I am new to importing, explain to me the steps to make a formal entry of my product into the U.S. if it is valued over $2500. 2. Priority Trade IssuesSummarize the 5 priority t
Intellectual Property: Priority Trade Issue
Continuing with our Priority trade issues as outlined by the CBP - intellectual property rights is number 4. Intellectual Property consists of patents, trademarks etc that add value to a company. A Brand Name, a recipe etc.
Read through this brochure for more information
https://www.cbp.gov/sites/default/files/assets/documents/2017-Jan/FY%202016%20-%20PTI%20Brochure_IPR_FINAL_0.pdf
Import Overview
Customs Entry, cargo re-forwarding procedures, and workflow are significantly influenced by the general operational environment (e.g., seaport vs. airport vs. land border vs. inland port), local "port practices" and, of course, the type of cargo being imported. However, here is a generalized high-level view of the international shipment, importation sequence, and principal players.
As you will note from the illustration, there are a minimum of four players (types of parties) needed for a basic commercial export-import transaction:
Foreign supplier – This party is also typically the seller, shipper and exporter with respect to meeting the foreign country export reporting and other export-related requirements, although sometimes the buyer of the goods becomes the shipper and exporter under certain trade terms - or incoterms. (i.e., EXW and "F" terms).
Transportation carrier(s) – In all cases, the goods have to be physically transported into the U.S. from a foreign place. Goods can be imported via any transportation mode. In addition to the modes depicted above, liquid commodities can be imported by pipeline and arriving travelers also may carry in commercial goods as accompanied baggage. Except for goods that travelers bring, one or more transportation carriers (one of which will be the importing carrier) will always be required to accomplish an importation. Via its customs manifest the import carrier must furnish CBP with information concerning each shipment of cargo it transports into the U.S.
U. S. Customs and Border Protection (CBP) – For goods to be legally imported, a declaration must be made to CBP and the goods must be released by CBP. With the exception of certain "no commercial value" shipments released by CBP without entry, imported goods require either a formal customs entry or an informal entry of some type.
U.S. importer – The U.S. importer is also typically the buyer of foreign goods and the consignee on the importing carrier's transport document. (For in-transit cargo there is no U.S. importer since the consignee, is not in the U.S.).
Before September 11, 2001, the major responsibility of the former U.S. Customs Service was to administer the Tariff Act of 1930, as amended. When Customs subsequently merged with other border enforcement agencies to become U.S Customs and Border Protection (CBP), CBP's priority mission became homeland security: detecting, deterring and preventing terrorists and their weapons from entering the United States.
Today, CBP is the nation's premiere border enforcement agency, and it accomplishes this new mandate in part by executing the responsibilities for which it has always been known: controlling, regulating, and facilitating the movement of carriers, people, and commodities between the United States and other nations; protecting the American consumer and the environment against the introduction of hazardous, toxic or noxious products into the United States; protecting domestic industry and labor against unfair foreign competition; and detecting, interdicting, and investigating smuggling and other illegal practices aimed at illegally entering narcotics, drugs, contraband or other prohibited articles into the United States.
CBP is also responsible for detecting, interdicting, and investigating fraudulent activities intended to avoid the payment of duties, taxes and fees, or activities meant to evade the legal requirements of international traffic and trade; and for detecting, interdicting, and investigating illegal international trafficking in arms, munitions, currency, and acts of terrorism at U.S. ports of entry.
CBP operates through a field-office structure that consists of 20 Field Operations offices around the United States. These field offices provide managerial oversight and operational assistance to 324 ports of entry around the nation and 14 preclearance offices in Canada and the Caribbean.
Field Operations offices provide guidance to the ports under their geographic jurisdiction to ensure the dissemination and implementation of CBP guidelines, policies and procedures. Import transactions are conducted at service ports, area ports, and ports of entry, so these locations will be of primary interest to the trade community. CBP is also responsible for administering the customs laws of the United States Virgin Islands.
Centers of Excellence and Expertise transform the way CBP approaches trade operations and works with the international trade community. The Centers were established to increase uniformity of practices across ports of entry, facilitate the timely resolution of trade compliance issues nationwide, and further strengthen critical agency knowledge on key industry practices. CBP also has officers operating in foreign countries such as Brussels, Belgium; Ottawa, Canada; Central Hong Kong; Rome, Italy; Tokyo, Japan; Mexico City, Mexico; New Delhi, India; Panama City, Panama; Singapore; Arcadia, Pretoria; Bangkok, Thailand; and London, England.
Customs Responsibilities
Although its first mission was to collect revenue, Customs today has many more responsibilities. It is the primary law enforcement agency involved with cargo, baggage and personal effects entering and leaving the United States. Customs has primary responsibility for preventing the importation of all sorts of contraband (e.g., the importation or exportation of illicit drugs and unauthorized controlled substances, stolen property, child pornography, unreported currency) plus attempts to conceal the shipment (smuggle) goods into or out of the U.S. regardless of the type of goods or motivation.
A more complete listing of U.S. Customs responsibilities, and their mission statement, is available on their web site https://www.cbp.gov/about
In addition to its enforcing its Customs law and its own regulations, Customs also is tasked with the enforcement all U.S. laws and the regulations of other U.S. Government (USG) agencies with respect to the physical importation and exportation of goods. Finally, Customs is the "front line" agency in preventing the shipment of terrorist devices and supplies in or out of the U.S.
CFR's
These are the Codes of Federal Regulation that you will need to find information from. Clearly you won't have to memorize anything, but you should be able to find information using these sources: You can find these by going to https://www.gpo.gov/fdsys/granule/CFR-2012-title19-vol1/CFR-2012-title19-vol1 then scroll down to Title 19.
Legal Authority & General Provisions
19 CFR 101 General Provisions
19 CFR 113 Customs Bonds
19 CFR 123 Relations with Canada and Mexico
19 CFR 127 General Order, Unclaimed, and Abandoned Merchandise
Parts Primarily Affecting Transportation Carriers
19 CFR 4 Vessels In Foreign and Domestic Trades
19 CFR 18 Transportation In Bond and Merchandise In Transit
19 CFR 112 Carriers, Cartmen, and Lightermen
19 CFR 115 Cargo Container and Road Vehicle Certification
19 CFR 122 Air Commerce Regulations
19 CFR 125 Cartage and Lighterage of Merchandise
19 CFR 128 Express Consignments
Parts Primarily Affecting Bonded Warehouse, CFS & CES Operators
19 CFR 19 Customs Warehouses, Container Stations and Control of Merchandise Therein
19 CFR 118 Centralized Examination Stations
Parts Primarily Affecting Importers
19 CFR 24 Customs Financial and Accounting Procedure
19 CFR 132 Quotas
19 CFR 133 Trademarks, Trade Names, and Copyrights
19 CFR 148 Personal Declarations and Exemptions
19 CFR 175 Petitions By Domestic Interested Parties
19 CFR 177 Administrative Rulings
19 CFR 158 Relief From Duties On Merchandise Lost, Damaged, Abandoned, Or Exported
19 CFR 357 Short Supply Procedures
Parts Covering the Entry of Goods for Consumption
19 CFR 11 Packing and Stamping; Marking
19 CFR 102 Rules of Origin
19 CFR 134 Country of Origin Marking
19 CFR 141 Entry of Merchandise
19 CFR 142 Entry Process
19 CFR 151 Examination, Sampling, and Testing of Merchandise
19 CFR 152 Classification and Appraisement of Merchandise
Parts Covering Special Entry Provisions and Procedures
19 CFR 10 Articles Conditionally Free, Subject To a Reduced Rate, Etc.
19 CFR 12 Special Classes of Merchandise
19 CFR 54 Certain Importations Temporarily Free of Duty
19 CFR 143 Special Entry Procedures
19 CFR 144 Warehouse and Rewarehouse Entries and Withdrawals
19 CFR 147 Trade Fairs
19 CFR 181 North American Free Trade Agreement
19 CFR 351 Antidumping and Countervailing Duties
Parts Covering Post-Entry Procedures
19 CFR 159 Liquidation of Duties
19 CFR 163 Recordkeeping
19 CFR 174 Protests
19 CFR 176 Proceedings In the Court of International Trade
19 CFR 191 Drawback
Parts Covering Customs Enforcement Activities
19 CFR 161 General Enforcement Provisions
19 CFR 162 Inspection, Search, and Seizure
19 CFR 171 Fines, Penalties, and Forfeitures
19 CFR 172 Claims For Liquidated Damages; Penalties Secured By Bonds
19 CFR 173 Administrative Review In General
19 CFR 356 Procedures and Rules For Implementing Article 1904 of the North American Free Trade Agreement
Regulation of Customs Brokers (19 CFR 111)
19 CFR 111 Regulation of Customs Brokers
Foreign Trade Zones (19 CFR 146)
19 CFR 146 Foreign Trade Zones
See also 15 CFR 400, Regulations of the Foreign-trade Zones Board
Carnets (19 CFR 114)
19 CFR 114 Carnets
Other agencies....
Import & Export Law Enforcement for Other USG Agencies
Customs cooperates with other USG agencies and helps them to accomplish their respective responsibilities with respect to the importation and exportation of goods subject to their regulatory jurisdiction. For example:
Customs collects I.R taxes on imported goods subject to such tax (e.g., alcoholic beverages, perfume, tobacco products).
Customs works closely with the Drug Enforcement Administration (DEA) in interdicting controlled substances and the movement of unreported currency (drug money).
Customs enforces Federal Trade commission (FTC) requirements relating to the marking and labeling of consumer goods and consumer product safety.
Customs provides the procedural control over imported goods so that the Food and Drug Administration (FDA) can screen, inspect and evaluate compliance of imported pharmaceutical, food and other consumer products, plus medical devices and equipment.
Customs provides the procedural control over imported goods so that U.S Department of Agriculture (USDA) can screen, inspect and evaluate compliance of imported plants, animals and minimally processed products made therefrom.
Customs provides the procedural control over imported motor vehicles to assure they meet Environmental Protection Agency(EPA) and Department of Transportation (DOT) safety requirements.
Customs requires that FDA and the Federal Communication Commission (FCC) product approval certificates or letters be filed for imported goods as part of their entry process.
Customs screens for and may seize imported items which violate intellectual property rights (IPR) (e.g., infringe on copyrights, patents, registered trade names or trademarks).
Customs screens import or export cargo manifests to help identify stolen property based on information received from other law enforcement agencies.
Customs Operation Exodus screens export cargo for violations of U.S. export controls and the export regulations of all agencies
Customs operated automated systems support a variety of other agency needs, including the gathering of foreign import and export trade statistics for the Census Bureau, and control of information interfaces with a number of other agencies with import or export responsibilities.
In addition, Customs and U.S. Immigration and Naturalization Service (INS) officers work in joint teams to expedite the entry of arriving passengers and baggage, and more cost effectively staff border crossing points and international passenger terminals.
Making an Entry
There are many types of entry when importing into the US. You should be familiar with the process for each one. Read through this information:
https://www.fda.gov/ForIndustry/ImportProgram/ImportBasics/ucm432659
The commercial invoice...
https://help.cbp.gov/app/answers/detail/a_id/436/~/what-are-the-requirements,-criteria,-or-format-of-a-commercial-invoice,-bill-of
