Miscellaneous

MISCELLANEOUS

  • ORIGIN DECLARATION FOR OPEN SOURCE S/W

    Question: I work for a company that makes proprietary software (of US ORIGIN), but this proprietary software runs under an open source operating system. In order to satisfy open source software license requirements, we must make available the source code for the operating system. The open source operating system contains many thousands of subroutines, written […]

  • SCREENING OF INCOMPLETE NAMES

    Question: Our Sales force is required to screen all new leads, contacts, companies,visitors, and contractorsagainst over 100 lists. The software is great, but what I am being told it that for some culturesthe customer will not provide a first or full name.   It is initials B.BXXXX or SSS. A.J for example. The software uses fuzzy logic which […]

  • U.S. GOODS RETURNED

    Question: We have one U.S. goods return from Canada.  It’s an used and expensive machine, originally made in U.S.  The country of origin is U.S.  But we purchased a while ago and can not locate the original paper work.  So it’s difficult to ask for NAFTA or manufacturer’s affidavit from the manufacturer.  In this situation, […]

  • CBP FORM 4455

    Question: Has anyone successfully recently used the CBP 4455 certificate of registration for exports from the USA, in order to re-import them duty free? I haven’t used this tool in many years, wanted to make sure it is still viable ============= Answers: Yes, still useful with CBP at the southern border. ============= Yes, we still […]

  • US EMBASSY SHIPMENTS

    Question: Would shipments to U.S. Embassy’s in foreign countries be considered  domestic shipments or international shipments and therefore subject to the EAR ? ========== Answers: Assuming that these items are themselves normally subject to the jurisdiction of the EAR, these are most definitely exports subject to the EAR.  Shipments to U.S. embassies overseas are exports […]

  • ISRAEL SHIPPING RESTRICTIONS

    Question: Does anyone know if Israel prohibits imports from any specific countries?  Can you provide a link to that list of it is available?  I found a list of countries that require a license in order to sell to Israel, could not find prohibited countries. ANSWER: http://www.moital.gov.il/NR/exeres/B2034774-5A64-41CF-A837-B8A81073035D.htm

  • TREK LEATHER CASE

    Question: Any suggestions or updates from the membership on how Trade Compliance managers should prepare their programs in light of the Trek Leather decision ? ========== Answers: I see Trek an opportunity for in-house compliance folks to hammer home the importance of compliance.  You can use it with the C-suite and functional managers to reinforce […]

  • AES FILING SCENARIO

    Question: I am hoping that the membership can advise on the following scenario. There are 3 companies: US Company 1 (US1) · Chinese Company related to US Company 1 ·         US Company 2 (US2)  – raw material provider US1 will be issuing a purchase order for raw materials to be delivered to the Chinese company. […]

  • ENTRY OF UNDELIVERABLE ARTICLES

    Question: Under 19 CFR 141.4 (c), undeliverable articles are exempt from entry  as long as certain conditions are met, among them that ” the merchandise did not leave the custody of the carrier or foreign customs”.  In instances of multi-mode transportation, where more than one carrier are handling the same shipment, how should this provision […]

  • ENTERED VALUE ERROR

    Question: There was an obvious typo made by the courier upon entry.   The entry summary lists the value at $126000. Throughout the rest of the documents the value is listed $12,600.00 Someone created a typo and we can’t get the courier  to correct it. This caused a serious duty charge upon import, that our […]

  • WARRANTY REPLACEMENT DUTIES

    Question: We import large electronic systems on FOB Basis. Part of the price paid or payable is a cost for a parts only warranty. We have a defected piece of equipment that needs to be replaced. Since we paid duty/tax on the warranty upon import of original system is there a way we can get […]

  • ERP ORIGIN FUNCTIONALITY

    Question: There were no Customs Compliance people on board when an ERP was set up at my company, so one of the issues I face now is the lack of consistency/visibility to the country of origin of our finished products. One ERP material identification # can represent a finished product manufactured in one or all […]