Miscellaneous

QUESTION: We are working towards merging legal entities and dissolving legal entities.  How does this work with ACE?  Are we able to enroll an EIN that never had an ACE account and hasn’t imported in the last few years?  %%%%%%%%%% ANSWERS: This is outlined on CBP.gov Managing an ACE Secure Data Portal Account athttps://www.cbp.gov/trade/automated/getting-started/portal-managing . Scroll down and […]

QUESTION: A client asked if they are required to include Prop 65 language on imports into the US.  The specific scenario is B2C (i.e. e-commerce transactions) where the consumer buys direct from an overseas merchant.  A typical shipment would be 1-5 consumer items.  I did a search and did not find anything conclusive.  I have […]

QUESTION: We are implementing a trade compliance program in the company, for this, we started performing some Import/Export Risk Assessments. While performing these assessments, we found a huge violation in one of our entries. The entry is from 2020 (and has been liquidated 6 months ago), the import shipment was from Europe with 4 commercial […]

QUESTION: This customs valuation question is directed to importers or exporters that build large scale equipment and systems with milestones and milestone payments. We contract with an unrelated OEM to build a system of equipment and machinery for us that has one overall function and purpose.  The system is comprised of several different pieces of […]

QUESTION: Can someone clarify or define § 740.20(b)(3)(ii)(C) of the EAR for me? Does this qualify for holding items for demonstration purposes in A:5 countries?  ========== Answers: § 740.20(b)(3)(ii)(C) makes clear that in order to use license exception STA (Strategic Trade Authorization) all parties to the transaction must have been approved on some prior export […]

QUESTION: One of our products has appeared in the May 9th Federal Register notice regarding exports to Russia.  We cannot export without a license, and a policy of denial is in force Are we to conclude that we must also cease with our export of information in the form of technology, product support, etc…. because […]

I have a question about the INKSNA-   (Iran, North Korea, and Syria Non-Proliferation Act Sanctions) Where is this thing codified?   I’ve “googled” liked there’s no tomorrow and the only thing I can find are State Department references indicating new parties have been added to the list.    There are also many notices in the Federal Register […]

QUESTION: When the 123.4a1 exemption is being used, does the part and parties all need to be on a previously approved license? When we review the requirements listed in 123.4c, it does not say a previous approved license is required.  It says, (c)(2)” At the time of export, the ultimate consignee named on the Electronic […]

QUESTION: I have a couple of questions regarding encryption controls.  We have a piece of equipment, a router, listed on the OEM website with ECCN 5A002A1 740.174(b)(2) because of the encryption, but our customer is telling us that they removed all encryption from the device. Does this then mean that regardless of OEM website, the router […]

QUESTION: I have an example transaction where I am having a hard time defining who is responsible for the importation of a shipment and could use some advice from the Community. We place a purchase order to a domestic supplier under FCA Incoterms with no defined destination as our ERP system is not set up, […]

It’s time for our annual Fall Scholarship program.  The ICPA scholarship is available for regular (non-service provider) paid members of the organization and any unmarried dependent children of the member under 25 years of age.  The deadline for the completed application & essay is noon/CST on July 15, 2022.  Please read and follow the instructions […]

QUESTION: What permits / considerations are required to ship a commercial veterinarian drug product to the US for in vivo research if that drug is not approved for use in the US? ========== Answer: This link may be a good starting point for you Importing – Veterinary Drugs https://www.fda.gov/animal-veterinary/import-exports/importing-veterinary-drugs Add’l Answer: You generally want to […]