Miscellaneous

MISCELLANEOUS

  • CONGRESSIONAL NOTIFICATION PROCESS

    Question: We’re looking at a project that would require Congressional Notification. Can anyone in the membership fill me in on the process? Specifically, who all does it go through for approval? Just Congress or are there other parties involved depending on the contract?  I am aware of how long this process can take but any […]

  • FORWARDER INDEMNIFICATION CLAUSE

    Question: Our company is negotiating a contract with a freight forwarder.  Is it not appropriate to require a forwarder to indemnify our company? My concern is the forwarders’ potential selection of a restricted party carrier.   Some forwarders, as I understand, will not agree to indemnification language citing that the BOL with the carrier omits their […]

  • US – CA RETURNED GOODS

    Question: When goods (originally imported from US to Canada) are being returned due to defect, overstock, etc. to the original supplier, is it okay to do so with the Canada location as the importer of record? ************ ANSWERS: Yes.  Concurrent with the terms of sale, return, warranty etc. the  Canadian seller may certainly act as […]

  • CN AND TW INDICATORS

    Question: We have suppliers providing components from factories in both China and Taiwan.  Our current ERP system can only accept one COO at a time and it’s causing huge bottlenecks trying to change by receipt lot. Can CN and TW be used interchangeably? ************* ANSWERS: Absolutely not.  These are two distinctly different countries of origin […]

  • CARNET PROCESS

    Question: Can you please advise if a Carnet would cover the below transaction or is it even possible. As I read the regulations, it appears to me that the goods have to be returned to export origin country. (Keep in mind that Europe and USA are related parties) Origin of product is Czech Republic Europe […]

  • MANIFEST CONFIDENTIALITY

    Question: I need to request CBP confidential treatment of our manifest information.  I understand that once done, there are several pieces of information that will be “removed” from the information released by CBP. I have figured out some basic information 1. We can block up to 10 variations of our name 2. The system is […]

  • IMO SHIPPING REGS

    Question: I am interviewing for a position that wants candidates with knowledge about IMO shipping regulations. I think these regulations were adopted by the US and made part of 49 CFR. I know quite a bit about that.  I can’t find a solid x-ref to confirm this. Does anyone know where / how the US […]

  • HIRING FOREIGN NATIONAL

    Question: We are a freight forwarder considering hiring a foreign national on an L2 visa with Class A18 employment status. I have reviewed the ITAR, but am interested in other members€™ concerns and suggestions regarding our obligations under the ITAR with respect to our customers€™ business. The employee would have access to the usual forwarding […]

  • RUSSIAN SANCTIONS

    Question: The sanctions related to the Russian aggression towards the Ukraine placed restrictions on our business dealings with a published list of individuals plus any entity over 50% owned by these individuals. Such ownership is not always easy to determine.  Does anyone know why the US government has not published a list of those entities […]

  • BLOOD COLLECTION KIT

    Question: I was informed that a blood collection kits (to be used in conjunction with a clinical study I guess) was being held by courier company, where they needed the Affirmation of Compliance code. When I looked at the invoice I read that the kit consisted of needles, test tubes, pipettes, blood collection needles cryovials.  […]

  • CENSUS PENALTY ASSESSMENTS

    Question: Does anyone in the membership know if information on penalty assessment in Census VSD cases is published, and if so, where?  We are trying to assess the likely financial outcome of a Census VSD involving several years of errors in AES filings ************ ANSWERS: CBP penalties issued for AES violations, whether or not related […]

  • DUTY PROVISIONING

    Question: As a trade compliance professional who reported up through tax and tax planning departments I became familiar with the concept of “tax provisioning”.  This is when a company sets aside an amount of money to pay possible tax liabilities in the future.  Sometimes these payments never materialize, sometimes they materialize but are less than […]