Question: I am wondering whether Writ of Mandamus” or “Administrative Procedure Act “(APA) can be used to compel a Federal Government Agency such as CBP to make a decision on pending matters within a reasonable amount of time. I am referring to binding ruling request at CBP HQ in DC that sometimes takes years to […]
Question: We manufacture electronic equipment that we have designated as EAR99. However, recently I was informed that some of our products with this designation contain MMIC power amplifiers. Do we need to make a classification determination based on the MMIC amplifier within the final product, or the final product performance and technical characteristics itself? ========== […]
Question: We are a US company who usually sells product through an agent in Canada, but occasionally we will send no charge samples, or urgent warranty replacements directly to customers. There is not currently in-house agreement to provide a POA for our courier to clear the goods on our behalf in Canada, so DDP shipments […]
Question: Licenseable means the NEED to get a LICENSE Exemptions and Exceptions ELIMINATE the need for a LICENSE ******** ITAR 126.5 is the Canadian exemptions section. Most of those are easily “licenseable” (according to at least one version of that definition anyways).  So most likely you meant the 126.1 countries (arms embargoed). But […]
Question: I would like to ask other ICPA members who are in the retail sector (textiles, apparel, accessories (handbags, jewelry), etc) how they ensure compliance with the various safety and testing requirements, such as the Consumer Product Safety Commission (CPSC), Prop 65, REACH (in the EU) and other country requirements (e.g. Japanese regulations banning certain […]
Question: I just found a file full of courtesy notices (form 4333A) from 2010 and 2011 which was prior to me being here. I have no€™t seen one of these in years. We do no€™t need to retain these, correct? ============ Answer: If you do not have alternative records (electronic) of the liquidations, or have […]
Question: I have recently been assigned Conflict Minerals to go along with my other traditional trade compliance duties. As this is relatively a “new” field to compliance, I am asking the membership for any processes, procedures and the like they would be willing to share regarding how they go about collecting, auditing and providing information […]
Question: Our company often buys items from International Vendors (Usually Canada) and they send to us in the United States. Usually we require that they take care of all of the customs paperwork and duties. Exactly what they do or fill out on the paperwork is an unknown to us. Is there any risk involved […]
Question: Does the term ‘licenseable’, in the export compliance context, include shipments that qualify for license exceptions or exemptions, or does it just refer to shipments made under a formal license. Big debate around here among the compliance geeks. ************ ANSWERS: Licenseable means the NEED to get a LICENSE Exemptions and Exceptions ELIMINATE the need […]
Question: After reading an insurance company’s SDN penalty case, it seems all domestic and international transactions (export as well as import) should be screened. The export regulations mention screening, but are there any import regulations regarding screening of foreign suppliers? Does anyone screen their foreign suppliers? ========== Answers: We screen everyone we do business […]
Question: Has anyone created a Binding Ruling electronically? If so, can you provide the template or the information that will be requested? ========== Answers: Here’s the link, provides you with the template of what is required. https://apps.cbp.gov/erulings/ ========== I have done a few electronic rulings. You need to have your information and pictures […]
Question: Can anyone in the membership provide an exhaustive list (in Excel) of the NMFTA SCAC codes and the owner? We are updating our SAP system and need current details. ************* Answers: This is proprietary to NMFTA and is a fee based service. You will need to contact and purchase from them.
