Import

The Fine Line Between Transshipment and Substantial Transformation

Zero dollars or millions of dollars, that can be the difference in duties assessed depending on a country of origin determination.

Country of origin sounds simple – where did the product you are importing come from? However, in today’s global manufacturing market, this determination isn’t always straightforward.

Country of Origin & Substantial Transformation

Sometimes determining the country of origin is straightforward. If the entire product is born and bred in a single country, then that’s the country of origin. But what about when inputs from various countries are shipped to another country where they are then manufactured together into a finished product? This is when things can get a bit more complicated.

Many US Free Trade Agreements (FTAs) stipulate the precise amount of inputs that must be from the country in question in order to qualify for a special, lower (usually zero percent) duty rate. Other times, what happens to those inputs and in what country, regardless of where said inputs were originally from, is what matters. So, if you are sourcing inputs from China, and transforming them into a finished product in a Mexico, then Mexico will likely be the country of origin for the product.

But there’s a fine line here. Would snapping some Mexican door handles onto a car that is otherwise made in China, in Mexico, make it a car from Mexico? What if we painted the exterior? Put in the engine? Pursuant to 19 C.F.R. § 134.1(b), Customs will generally consider the 2nd country to be the […]

By |2024-07-26T12:11:40-04:00July 26, 2024|Import|0 Comments

DHS Announces New High Priority Sectors for UFLPA Enforcement

The Department of Homeland Security’s (DHS) Forced Labor Enforcement Task Force (FLETF) released an update to the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China.

Strategy Background

DHS released the first publication of the UFLPA Strategy in June 2022. The strategy outlines a multi-pronged approach to combating forced labor in global supply chains.The strategy includes a comprehensive assessment of the risk of importing goods with forced labor in the PRC, high priority sectors for enforcement, guidance to importers, recommendations to accurately identify affected goods, and more. DHS released the first update to the publication in August of 2023.

The Latest Update  

The update builds on two years of the Administration’s enforcement of the UFLPA. The latest strategy identified new high priority sectors for enforcement – aluminum, polyvinyl chloride (PVC), and seafood. These industries were identified due to higher risk of forced labor or state labor transfer of Uyghurs and other ethnic minorities from the Xinjiang Uyghur Autonomous Region (XUAR).

Entities in these sectors will now be prioritized for review for enforcement actions such as inclusion on the UFLPA Entity List, sanctions, export limitations, and visa restrictions.

Other products previously identified as high priority such as apparel, cotton and cotton products, silica-based products including polysilicon, and tomatoes remain high priority sectors.

The latest updates also outline how the FLETF has significantly advanced their objectives through several initiatives, such as strong enforcement by U.S. Customs and Border Protection (CBP); expansion of the UFLPA Entity List; […]

Upcoming Training: CBP Regulations: Essential Practices for Import Success 

Join us in person at the World Trade Center Miami or on Zoom! Eligible for 3 CCS continuing education credits. 

 Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. However, if you import merchandise into the U.S., you may not realize, but, you are the responsible party! That means you have a duty to exercise “reasonable care” when importing.  

 What is reasonable care? Importers must conduct themselves as a reasonable importer would under the circumstance with respect to importing prior to entering goods into the United States. They must:  

  • Meet the standard to enter, classify and determine the value of imported goods 
  • Provide other information necessary to aid U.S. Customs and Border Protection (CBP) in properly assessing duties and collecting accurate statistics 
  • Determining whether other applicable legal standards and requirements have been met 

Read more about reasonable care in our Bloomberg Law article here. 

All importers should have a plan in place to navigate merchandise descriptions & classification, product valuation, country of origin, intellectual property rights, forced labor, quotas, requirements of other agencies, and more. 

In this presentation, our speakers will discuss how to comply with CBP’s vast laws and regulations. By the end of […]

By |2024-05-17T09:23:19-04:00May 17, 2024|Import, news, Speaking|0 Comments

Organizations Urge State Department to Stop Avocado Imports Linked to Deforestation

27 organizations wrote a letter to the U.S. State Department urging them to stop imports of avocados linked to deforestation in Mexico. The group alleges that the deforestation is happening illegally and undermines international pledges made by the country to halt these practices.

The groups include the Animal Welfare Institute, the Endangered Species Coalition, and the Oceanic Preservation Society.

According to the letter, an estimated 10 football fields of forest are cleared every day to create avocado plantations in Mexico.

In addition to the deforestation concerns, some of the farming activity is occurring within the Monarch Butterfly Biosphere Reserve. The letter states that as of 2018, nearly 2,400 acres of the Reserve have been converted into avocado plantations.

Finally, the letter notes that the irrigation demand for avocado harvesting depletes water sources for local communities and leaves remaining native forests vulnerable to fire and disease.

Although Mexico is the largest U.S. supplier of avocados, providing almost 90% of the fruit sold in the U.S, the group notes that many Mexican growers have created legal avocado farms that could continue to supply the U.S.

The group requests that the State Department, USDA, and USTR work together to set up a program to ensure that the United States is only importing and marketing avocados that do not contribute to deforestation.

Read the full letter here.

 

By |2024-04-26T07:45:24-04:00April 26, 2024|Import|0 Comments

From Chaos to Compliance: A Guide for Importers

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. Whether your company is new to importing, or has been in the business for years, CBP expects importers to use “reasonable care” to ensure compliance with relevant rules and regulations. Importers are at risk of being subject to enforcement actions by CBP if they do not comply with the reasonable care standard when importing goods into the U.S. This article provides an overview of CBP’s expectations of an importer and practical advice on what you must have in your import compliance plan.

How Did We Get Here?

December 8th, 1993, the Dow Jones reached a record high of 3734.53, Janet Jackson’s “Again” remained number one on the charts, and President Bill Clinton signed the Customs Modernization Act (Mod Act). The Mod Act altered the import compliance landscape by making it the responsibility of the importer to classify items, determine their value, etc. The law also imposed a legal obligation to use “reasonable care” in doing so, or else Customs could (and would) impose penalties.

What Exactly is “Reasonable Care”?

Reasonable care requires importers to conduct themselves as a reasonable importer would under the circumstance with respect to importing goods into the United States.

Reasonable care requires importers to:

  • Meet the standard to enter, classify and determine the value of imported goods
  • Provide other information necessary to aid CBP in properly assessing duties and collecting accurate statistics
  • Determine whether other applicable legal standards and […]
By |2024-04-19T15:30:55-04:00April 19, 2024|Import, Pre-compliance|0 Comments
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