QUESTION: I have been discussing with my colleagues in Reg Affairs the difference between the phrases “approved for use in a market” and “approved for importation into a market”. By approved for importation, I mean industry registrations (USDA, Min of Health, FDA, FCC) or special documents to accompany a shipment or specific data that needs […]
QUESTION: When the regs dictate that I must be able to produce records in a “timely” fashion, what exactly does that mean? It can’t mean immediately or instantly, right? A few hours or a day should be adequate? *************** Answers: Great question! There is generally a rule of reason applied here. CBP’s recordkeeping ICP provides: […]
QUESTION: Can anyone share a sample Anti-Diversion Clause to put on an export invoice? =========== Answers: These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Ultimate destination (insert country). Diversion contrary to U.S. law prohibited. ========== Even if you are shipping EAR99 items and its not […]
QUESTION: Our company markets an oil for topical use. The exact same product(s) is also marketed and labeled differently for a culinary use. If one were to export these two products (labeled for their respective uses; one topical and one culinary) would it be under the same HS classification for essential character or it would […]
QUESTION: Is this accurate? “Hey, forwarder. You have a valid POA from my company. Provided that all the relevant data is on the commercial invoice, you shouldn’t need an SLI.” %%%%%%%%%% ANSWERS: My experience has always been if the shipment requires a EEI, you need to fill out the SLI. While I have seen forwarders […]
QUESTION: Our company recently acquired the assets of another company. We created a new division, hired the people from the other company, and bought their inventory. The new division operates under my existing tax id. Management is claiming that there is no successor liability in this case since we didn’t buy the company – we […]
QUESTION: Does anyone running SAP know why they have the country code for Greece as “EL” instead of “GR”? They are telling me they can’t/won’t fix it. It causes a snafu when I extract customers from SAP to upload to my Restricted Party List screening provider, as they reject them all for invalid country code. […]
QUESTION: One of my suppliers was recently added to the Entity List for human rights/ forced labor issues. Unsurprisingly, the supplier denies the allegations. The fact that the US govt has come to this conclusion should lead us to a pretty strong presumption that there are slavery/trafficking concerns at this supplier. But we have no […]
QUESTION: Is a shipment by a small parcel carrier considered to be a routed export if the foreign customer asks for the freight charges to be charged to their account with the same small parcel carrier? The shipping company would be in full control over all other aspects of the shipment. ============ Answers: No. Same […]
QUESTION: Can you please advise how you are assigning a country of origin (COO) to a software as a service (SaaS) intangible item for Trade Agreement Act (TAA) purposes ? %%%%%%%%%% ANSWER: We use the IP owner. This is a challenging one since coding is often done in multiple countries. Party that owns the intellectual […]
QUESTION: One of the requirements for using Strategic Trade Authorization (STA) is tied to previous USG authorizations. Can this be any applicant’s authorization or only the exporter’s authorization? · 740.20(c)(1) o Note to paragraph (c)(1). License Exception STA under § 740.20(c)(1) may be used to authorize the export, reexport, or transfer (incountry) of “600 series” […]
QUESTION: I’m curious to learn what policies and procedures other companies have implemented with regard to the use of, and access to, CCL-controlled capital equipment and its technology. For example, if a company buys a machine tool to support its manufacturing activities, and the machine tool happens to be classified as 2B001, do you have […]
