Importing Goods into the US: A Guide to Customs Compliance
Understanding US Customs Laws and Regulations
Importing goods into the United States requires a thorough understanding of customs laws and regulations. Even if you use a licensed customs broker, you are ultimately responsible for ensuring accurate tariff classification, value, and country of origin. The Customs Modernization Act of 1993 increased import compliance responsibility for US importers. Any individual or business acting as the importer of record must exercise reasonable care to comply with all US customs regulations.
Customs and Border Protection (CBP)
Customs and Border Protection (CBP) has implemented programs to inform importers about the laws and their responsibilities. When foreign goods arrive at a US port, entry information must be submitted to CBP.
Classification Codes and Duties
Classification codes are found in the Harmonized Tariff Schedule of the United States (HTSUS). These 10-digit codes are assigned by category and detailed description. The amount of duties owed is calculated as the value of the goods multiplied by the duty rate. Methods to determine value include transaction value, transaction value of identical or similar merchandise, deductive value, computed value, and a default value if no other method applies.
Import Regulations and Documentation
Some goods may be subject to quota restrictions or antidumping and countervailing duties. All import documents must be retained for five years from the date of entry. Intellectual property rights may apply to copyrighted material or goods with trademarks. Imports are also regulated by other government agencies, such as the Food and Drug Administration (FDA), Federal Trade Commission (FTC), and the Environmental Protection Agency (EPA). Importers must meet all reporting obligations to these agencies.
Compliant Importer Procedures
compliance cannot be taken too lightly. Failure to comply can result in costly fines, penalties, and forfeitures issued by CBP. It is always recommended that those who are involved in import transactions utilize the services of a licensed customs broker, customs compliance expert, or international trade attorney.REACH regulation text (june, 2006), there exists a fundamental choice to be made as to whom is to act as registrant for a particular substance imported from a third country.
Art 8 The obligations will generally fall upon the importer, but a non-EU manufacturer has the option of appointing an “only representative”. A consequence of having an “only representative” is that all actual ‘importers’ will be regarded as downstream users of the (registered) substance. the importer is “any legal or natural person established within the Community who is responsible for import”. Free customs zone.The product may enter EU via a free customs zone, and in that case the import responsibility is with the company, who formally transfers the product from the free zone and into the EU. Legally binding agreements may exist which describes that they are only doing the customs handling on behalf of a third party within EU. Distributors acting on commision. In a special situation, the distributor involved in the import of a product may only be involved in order to facilitate the contact between producers inside and outside of EU. The EFTA countries (Norway and Schwitzerland) are outside of the EU, and import from these countries therefore falls within these frames. It is however expected that the EFTA countries will adapt the REACH regulation very soon. Art 4 Any manufacturer, importer, or where relevant downstream user, may, whilst retaining full responsibility for complying with his obligations under this Regulation. *Product liability claims & imported goods. Importers Importers may find it is wise to explore the potential for taking out product liability insurance, which may cover them against personal injury claims resulting from products they have imported. Injured parties For someone who has been injured by an imported product, contacting the importer may well be good advice; they may be inclined to offer compensation or other support without the need to go through the process of a personal injury compensation claim. The law in the UK covers imports from the EU and from countries outside it differently, so it is worth exploring the route that the faulty product took into this country. Making a product liability claim YouClaim has a long history in claiming successfully for compensation in product liability cases. If you have been injured by a faulty product, whether imported or not, we may well be able to help you seek reparation for any personal injury you have incurred, in terms of distress, costs or lost earnings