Importing into the United States A Guide for Commercial Importers
****** This edition of Importing Into the United States contains material pursuant to the Trade Act of 2002 and the Customs Modernization Act (Title VI of the North American Free Trade Agreement Implementation Act), commonly referred to as the Mod Act. The Customs Modernization Act (Title VI of the North American Free TradeAgreement Implementation Act [P.L. 103-182, 107 Stat. 2057]) became effective December 8, 1993. Its provisions have fundamentally altered the relationship between importers and CBP by shifting to the importer, the legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise. A prominent feature of the Mod Act is a relationship between CBP andimporters that is characterized by informed compliance. (See Section Three of this book, which starts on page 26, for details and definitions.) A key component of informed compliance is the shared responsibility between CBP and the import community, wherein CBP communicates its requirements to the importer, and the importer, in turn, uses reasonable care to assure that CBP is provided with accurateand timely data pertaining to his or her importations. Importing Into the United States provides wide-ranging information about the importing process and import requirements. We have made every effort to include essential requirements, but it is not possible for a book this size to cover all import laws and regulations. Also, this publication does not supersede or modify any provision of those lawsand regulations. Legislative and administrative changes are always under consideration and can occur at any time. Quota limitations on commodities are also subject to change. Therefore, reliance solely on the information in this book may not meet the “reasonable care” standard required of importers. We urge interested parties to contact their nearest CBP office for information on specific issuesor questions. CBP ports of entry, with their addresses and phone numbers, can be found on our Website under “Ports.” We cannot overemphasize that although the information in this book is provided to promote understanding of, and compliance with, importing laws and regulations, the information provided here is for general purposes only. Importers may also wish to obtain guidance from private-sectorexperts who specialize in importing, for example, licensed customs brokers, attorneys or consultants. Federal agencies whose laws CBP helps to enforce are listed throughout this
2 book, as well as in the Appendix and on our Website.
3 CONTENTS CHAPTER U.S. Customs and Border Protection: Mission and Organization 1. Organization; CBP Attaches Abroad Suggestions to the Exporter Entry of Goods2. Entry Process 3. Right To Make Entry 4. Examination of Goods and Entry Documents 5. Packing of Goods—Commingling Informed Compliance 6. Definition 7. Reasonable Care Checklists 8. Compliance Assessment/Compliance Measurement 9. Notice to Small-Business Importers Invoices 10. Commercial Invoices 11. Other Invoices 12. Frequent Errors in Invoicing Assessment of Duty 13. Dutiable Status of Goods14. Containers or Holders 15. Temporary Free Importations 16. North American Free Trade Agreement (NAFTA) 17. Generalized System of Preferences (GSP) 18. Caribbean Basin Initiative (CBI) and the Caribbean Basin Economic Recovery Act (CBERA) 19. Andean Trade Preference Act (ATPA)/Andean Trade Promotion and Drug Eradication Act (ATPDEA) 20. U.S.-Israel Free Trade Area Agreement 21. U.S.- Jordan FreeTrade Area Agreement 22. Compact of Free Association (FAS) 23. African Growth and Opportunity Act (AGOA) 24. U.S.-Caribbean Basin Trade Partnership Act (CBPTA) 25. U.S.-Chile Free Trade Agreement (US-CFTA) 26. U.S.– Singapore Free Trade Agreement 27. Antidumping and Countervailing Duties 28. Drawback—Refunds of Duties
4 Classification and Value 29. Classification—Liquidation 30. Conversion...