Miscellaneous

MISCELLANEOUS

  • HTS CH. 84 NOTE 5

    Question:   We need help understanding the requirements of Chapter 84, note 5.   In pertinent part, the note reads (A) For the purposes of heading 8471, the expression “automatic data processing machines” means machines capable of…. (ii) Being freely programmed in accordance with the requirements of the user; We have what we would consider […]

  • CUSTOMER PICKUP FOREIGN LOCATION

    Question:   One of our domestic US customers wants to pick up and transit their order from our foreign manufacturer. What incoterms have to be used ? What are the pitfalls and documentation concerns should one have ?  Can they use our domestic billing invoice for US Customs clearance and what are the valuation requirements. […]

  • EXPORTING TEACHING S/W

    Question:   Our company offers online and instructor-led courses and we are looking for guidance on classifying those courses for export. The subjects of our courses involve the operation of various types of sophisticated IT software and IT hardware (networking, servers, etc). The audience for our courses are software engineers or IT technicians. Some of […]

  • BIS LICENSE FILING PORT

    Question: I’m trying to determine if a BIS license must be filed with CBP the port of export or whether it can be filed with any port nationwide.  What is the requirement?  Additionally, is it documented in 15 or 19 CFR? ******************** Answers: Are you mistaking BIS with DDTC (who used to require “lodging” of […]

  • 5A992c

    Question: ECCN 5A992.c states, “Commodities that BIS has received an encryption registration or that  have been classified as mass market encryption commodities in accordance with §742.15(b) of the EAR.”  What does the first part of this (“BIS has received an encryption registration”) actually mean?  That is, only companies themselves, and not products, can be registered […]

  • DUTY PAYMENT MANAGEMENT

    Question: I am looking for some back up as to why a company should not pay the duty directly to broker, on an import shipment that they are not purchasing, not acting as IOR, nor Ultimate consignee. I have fellow employees that think we should pay the duty and bill the end user on an […]

  • ITEM CUSTOMIZING

    Question: We import items that are sourced from third parties then brought into our foreign plant to be customized but the HTS code will not change. We know we need to report the actual Origin of the product but can we show our foreign plants as the producer as they perform the final customizing of […]

  • BRAIDED CAP CBP DEFINITION

    Question: We’re coming up with a few disagreements internally and externally with what the definition of a hat in the braid should be. Some are saying that it’s only applies to hats which have a hang down cinch of one type or another (like a booney hat or a winter hat with ties); others are […]

  • OVER / UNDER REPORTING

    Question: When a container comes in, it is manifested for 1000 ctns.   It is customs cleared and released for 1000 ctns. When it is received at the warehouse, there are only 995 ctns in the container, vice versa 1005 ctns in the container. Sometime it is outside the 10 day window to update the entry […]

  • PETROCHEMICALS FROM IRAN

    Question: Under the limitations of the current restrictions is it permissible for our US owned subsidiary in The United Kingdom to purchase petrochemicals from Iran? My leadership recently forwarded information and is wondering if that means that they can buy petrochemicals from them now?   Secondly, if our UK facility can purchase the materials, would […]

  • POA TEMPLATE

    Question: Does anyone have a current version of a POA to give our brokers and forwarders. The one posted is from 2007. ************** Answers: Download one from CBP’s web site and have your legal team review.  I would not advise signing a generic one. **************** The POA should come from a broker/forwarder therefore it should […]

  • CONTAINER WEIGHT REQUIREMENT

    Question: I am sure that other members are aware of this new rule that the IMO is putting into place starting July 1, 2016. I have not been able to locate any specific form or procedures provided by the IMO for this requirement; we have even after called the World Shipping Counsel who advised us […]