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Frequently Asked Technical Trade Questions
Export-
Import-
Research-
Fraud
Prevention-
Country
Specific Information-
Finding
PA companies that export
n
Harris Industrial Directory – electronic version
http://www.harrisinfo.com, or
www.companyreach.com
Allows for some free searching before you need to
subscribe.
n
PIERS database gives you shipping manifest
information - $$$$
www.piers.com
n
Local Chambers sometimes publish directories, check
with the Harrisburg Chamber of Commerce
www.HarrisburgRegionalChamber.org ,
Lancaster Chamber,
www.lcci.com
, the York Chamber
www.yorkchamber.com
or with the Berks County Chamber,
www.berskchamber.org
n
Look at the World Trade Center of Central
Pennsylvania website for member companies,
www.wtccentralpa.org
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Kompass database, $$$, but some limited searching,
www.Kompass.com
n
The Thomas Register of Manufacturers,
www.thomasregister.com
n
Can utilize the Lancaster Library Duke Business
Center
Finding PA companies
How do I obtain credit information on a company in
another country
n
Check with your bank – the international department
n
Dun & Bradstreet
http://www.dnb.com/local_home/local_home_US/
n
Owens,
http://www.foreigncreditreports.com/creditreports.htm
Where to I get a Certificate of Free Sale?
For food items, please contact the Pennsylvania
Department of Agriculture’s
Food Safety Department, at (717) 787-4248, contact:
Norma Burrs
For more
information on Free Certificate for Vietnam, click
here
Export
Licensing and Export Controls
Relatively few exports require an export license.
Licenses are required in certain situations involving
national security, foreign policy, short-supply, nuclear
non-proliferation, missile technology, chemical and
biological weapons, regional stability, crime control,
or terrorist concerns. License requirements are
dependent upon an item's technical characteristics, the
destination, the end-use, and the end-user, and other
activities of the end-user.
The Bureau of Industry and Security (BIS) is responsible
for implementing and enforcing the Export Administration
Regulations (EAR), which regulate the export and
reexport of most commercial items. BIS regulates
"dual-use" items - items that have both commercial and
military or proliferation applications - but purely
commercial items without an obvious military use are
also subject to the EAR. More information can be found
on their website,
http://www.bis.doc.gov/exportlicensingqanda.htm
The EAR do not control all goods, services, and
technologies. Other U.S. government agencies regulate
more specialized exports. The Energy Department controls
nuclear technology and technical data for nuclear power.
The Treasury Department is responsible for economic and
trade sanctions against targeted foreign countries and
their agents, terrorists and terrorism-sponsoring
organizations, and international narcotics traffickers.
The U.S. Department of State has authority over defense
articles and defense services through the International
Trade in Arms Regulations. Their website:
http://pmddtc.state.gov/regulations_laws/itar_official.html
DO I NEED A VISA TO TRAVEL TO CHINA?
U.S. citizens traveling to China must obtain a Chinese
visa before embarking on the trip. A few different types
of visas are issued to visitors, including the tourist
visa (Type L) that allows the bearer one to two entries,
and to stay for up to one month each time. Short-term
business visas (Type F) are issued to travelers who are
invited to visit for business or research purposes and
require a formal invitation from a Chinese host
organization. The U.S. Embassy and Consulates can only
issue such invitations to U.S. Government employees on
official business. Business travelers on short-term
excursions for meeting or site-visit purposes, generally
apply for either the Type L or Type F visa. Consult the
Chinese Embassy or Consulate General on obtaining the
right type of visa, or apply through a travel agency.
Here is the link to the Visa Section on the Chinese
Embassy website:
http://www.china-embassy.org/eng/hzqz/zgqz/t84247.htm
The State of Pennsylvania is covered by the Chinese
Consulate in New York:
(212) 244-9456 or (212) 244-9392
You cannot apply for a visa by mail or courier services,
however, you can use a travel agent or visa agent to go
through the process on your behalf.
Here is one of the agencies used for obtaining visas -
there are many others and you may want to contact your
travel agent as well:
CIBT, Inc.
60 East 42nd Street
Suite 760
New York, NY 10165
800-929-2428
www.cibt.com
Secretary of State (Pennsylvania) Certification
For documents that need to be authenticated by the
Commonwealth’s Secretary of State, contact the
Certification Section in Harrisburg, at (717) 787-5280.
When do I need to Fill out a Shippers Export
Declaration?
An exporter must fill out the SED for shipments in the
following
circumstances:
Shipments of commodities valued at over $2,500 per
Schedule B number
transported by any means other than the postal service.
Postal shipments of over $500 in value.
All shipments (regardless of value) that require an
export license from any
government agency, or that are subject to the
International Traffic in Arms
Regulations, and all shipments to certain countries that
are embargoed.
There are exceptions to the list above, please check the
Census website at:
http://www.census.gov/foreign-trade/schedules/b/
What is a certificate of origin?
A Certificate of Origin is a document required by
certain foreign countries for tariff purposes. Customs
officials use the Certificate of Origin to determine
whether a preferential duty rate can be applied to the
imported products, due to trade agreements or
preferential trading status for the country of origin.
Even if your commercial invoice includes a statement of
origin, some countries require that a separate
certificate be completed. You may be able to utilize a
generic form, however, some countries require specific
Certificates of Origin, so double check requirements and
check with your importer. While some countries require
certificates for all products, others may only require
them for certain types of products. For example
most Middle Eastern countries require Certificates
of Origin for all shipments, most Latin American and
European countries only require the certificate for
certain products, such as textiles, and most Asian
countries do not require Certificates of Origin at all.
Basic information needed for the Certificate of
Origin include a description of the goods, the origin
of the goods, gross and net weight of goods, number of
packages, mode of transportation, date and origin of
shipment, and an address for the seller and buyer. A
sample copy of the generic Certificate of Origin can be
found on the US Department of Commerce's website:
http://www.export.gov/static/Certificate_of_Origin_Latest_eg_main_018141.pdf
How do I know what documentation is required for my
shipment?
Information about country documentation requirements can
be accessed on the TIC (Trade Information Center)
Internet website at
http://www.export.gov/tic by first
clicking on “Country Information,” then clicking on the
region of interest on the multi-colored map of the
world, and finally clicking on the country of interest.
Once you have selected the country, click on “All
Documents” and review any with “Documentation” or
“Certificate of Origin” in the title. You can also call
the Trade Information Center by telephone at
1-800-USA-TRADE.
Trademarks in Canada
Companies interested in getting their name trademarked
in Canada should start by viewing the website of the
Canadian Intellectual
Property Office. It offers straight forward
instructions as to how to go about registering a
trade mark here. One thing they do note is that the
product or trade name must be in the market or in use
before it can be registered. In terms of the
process, some people use the services of a
trade market agent which
can facilitate the process. If they want to do search of
the
Trade Marks Database
that can also be done on line.
International Per Diem Rates
The State Department has an updated schedule on their
website for foreign countries, by city
http://aoprals.state.gov/web920/per_diem.asp
What if your product is stuck in customs?
Find out as quickly as possible what caused the delay
with the import of your product. Goods that are delayed
by customs are not stored for free and demurrage charges
are usually paid by the seller or exporter.
Most Common Problems:
·
Misclassification
· Improper documentation
·
Higher duties than expected
·
Labeling issues
·
Import/packaging regulations of the receiving country
Next Steps:
·
Get in touch with the buyer/importer. Chances are they
are more familiar with the local practices and can find
out what needs to be done.
· Talk to your shipping company.
· Contact
the US Commercial Service office in the receiving
country. (see export.gov for a listing)
·
Contact the foreign customs' office.
Import Security Filing
U.S. Customs and Border Protection (CBP) will be
requiring an Importer Security Filing (ISF) (formerly
known as the 10+2) prior to vessel loading at foreign
ports. The ISF generally will consist of 10 additional
data elements from U.S. importers. In addition 2 data
set items will be required from carriers. The Importer
Security Filing and additional data from carriers will
enhance CBP’s ability to identify high-risk cargo
shipments.
Customs and
Border Protection has recently released an
informational brochure on Importer Security Filing
or "10+2" designed specifically for SMEs. This
brochure has been developed with the intentions of being
provided to walk-ins at every port of entry to help
ensure all SMEs are aware of the implications of "10+2."
The following link is the FAQ on the new requirements
under this ruling and what the above has been excerpted
from.
http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/import_faq.ctt/import_faq.pdf
Customs also is doing outreach seminars to provide
information on this. The following link is the
schedule.
http://www.cbp.gov/xp/cgov/trade/trade_outreach/09_outreach_schl.xml
For more information on this, here is a link to
additional information on the Customs's site regarding
this topic:
http://www.cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/
Customs and
Border Protection (CBP) has recently released an
informational brochure on Importer Security Filing or
"10+2" designed specifically for SMEs. This brochure is
available on
CBP's website. This brochure has been
developed with the intentions of being provided to
walk-ins at every port of entry to help ensure all SMEs
are aware of the implications of "10+2."
What is the difference between the Schedule B codes (for
exports) and the Harmonized Tariff Schedule (HTS) codes
(for imports)?
(the following information comes from the US Census
Bureau website
http://www.census.gov/foreign-trade/faq/sb/sb0008.htmland
from the US International Trade Commission website http://www.usitc.gov/tata/hts/)
All of the imports and export codes used by the United
States are based on the Harmonized Tariff System (HTS).
The Harmonized Schedule (HS) is an international
system used by the United States and most of our
trading partners as the basis for reporting statistics
as well as the collection of import duties.
The HTS assigns 6-digit codes for general categories.
Countries which use the HTS are allowed to define
commodities at a more detailed level than 6-digits, but
all definitions must be within that 6-digit framework.
The U.S. defines products using 10-digit HTS codes.
Exports codes (which the U.S. calls Schedule B) are
administered by the U.S. Census Bureau. Import codes are
administered by the U.S. International Trade Commission
(USITC).
Export codes, also known as Schedule B numbers, are
administered by the U.S. Census Bureau.
Schedule B is the Statistical Classification of Domestic
and Foreign Commodities exported from the United
States. The Schedule B contains approximately 8,000
individual 10-digit commodity numbers covering
everything from live animals and food products to
computers and airplanes, including a distinction between
civilian and military airplanes. Every item being
exported from the United States falls under a particular
Schedule B number.
Web sites for U.S. import and export HTS codes:
Finding your correct Schedule B code
One way to find your product’s Schedule B code is to
search at the Census site using keywords
http://www.census.gov/foreign-trade/schedules/b/
(be creative in choosing key words and try several
different ones). Make sure that you are choosing the
correct number, if there is any doubt, you can get an
official ruling through U.S. Customs. You can also
search Rulings that Customs has already made.
http://www.cbp.gov/xp/cgov/trade/legal/rulings/
Precautions to Take Against Fraud/Scammers
From the FBI website (http://www.fbi.gov/majcases/fraud/internetschemes.htm#top):
When receiving an inquiry from a foreign
company/individual, you should be very cautious and make
sure you really know the company that is making the
inquiry.
Some tips and signs to watch for to protect your company
against scams/fraud are listed below.
-
Don't invest in anything based on appearances. Just
because an individual or company has a flashy web site
doesn't mean it is legitimate. Web sites can be
created in just a few days. After a short period of
taking money, a site can vanish without a trace.
-
Don’t invest in anything you are not absolutely sure
about. Do your homework on the investment to ensure
that it is legitimate.
-
Do your homework on the individual or company to
ensure that they are legitimate.
-
Check out other web sites regarding this
person/company.
-
Don’t judge a person/company by their web site.
-
Be cautious when responding to special investment
offers (especially through unsolicited e-mail).
-
Be cautious when dealing with individuals/companies
from outside your own country.
-
Inquire about all the terms and conditions.
-
If it sounds too good to be true it probably is.
-
Purchase merchandise from reputable dealers or
establishments.
-
Try to obtain a physical address rather than merely a
post office box and a phone number, call the seller to
see if the number is correct and working.
-
Send them e-mail to see if they have an active e-mail
address and be wary of those that utilize free e-mail
services where a credit card wasn't required to open
the account.
-
Consider not purchasing from sellers who won't provide
you with this type of information.
-
Purchase merchandise directly from the
individual/company that holds the trademark,
copyright, or patent.
-
Beware when responding to e-mail that may not have
been sent by a reputable company
More information on Identifying Business Scams:
http://www.pueblo.gsa.gov/cic_text/smbuss/adv-fee-scam/adv-fee.htm
Fact on Email Scams and Top Email Scams:
http://www.onguardonline.gov/topics/email-scams.aspx
Internet Fraud:
http://www.importers.com/TradeSafeTips2.php
Eight Ways to Avoid Fraudulent Activities (http://resources.alibaba.com/article/7061/Preventing_fraud_when_sourcing_from_overseas.htm)
1.
Educate yourself. Remember that there are several
types of scams, learn what scammers are looking for.
Watch out for new scams.
2.
Investigate. Do a thorough investigation
yourself. Do not depend on message board answers,
because the same person who is trying to scam you might
respond to your message with positive comments
3.
Be patient. Do not make quick decisions. That is
what exactly scammers want you to do, to make fast
irrational decisions. Remember that every journey starts
with a single step.
4.
Use common sense. Look for red-flags like high
returns, complex transactions and letters or messages
that are not professionally written.
5.
Do not be greedy. Do not let greed drive you to
take an unnecessary risk. Remember the old saying "If it
looks too good to be true, it probably is!"
6.
Be skeptical. Question every aspect of
transaction very carefully. It is good business.
7.
Ask for references. Check with government
agencies including trade agencies or chamber of commerce
of the seller or buyer country, invest time to verify
legitimacy of the company or individual.
8.
Country of origin. The location of a scammer is
irrelevant a scammers can be any where including in your
community.
Website Fraud Warnings from the State Department
http://travel.state.gov/visa/immigrants/types/types_1749.html
Proctecting Your Business from Credit Card Fraud (from
the US Department of Commerce)
What can you do to protect your business against credit
card fraud?
-
Work with your card company. Sign up to participate in
authentication programs such as Verified by Visa and
MasterCard’s SecureCode.
-
When taking orders over the phone or Internet, ask the
customer for the card’s expiration date and include it
in your authorization request. An invalid or missing
expiration date can be an indicator that the customer
does not have the actual card, but merely the credit
card number.
-
Use fraud detection tools such as the card’s
validation code as part of the authorization process.
-
Be wary of multiple credit card numbers being supplied
for purchases from a single IP (Internet Protocol)
address.
-
Be wary of orders charged to multiple cards and
destined for the same street address.
-
Be alert for transactions with more that one of the
following characteristics: first-time customer, the
customer does not appear to have a “working” knowledge
of the item requested, “big-ticket” items, multiples
of the same item, requests for expedited shipment for
items of seemingly low value/importance, and orders
shipped to an international address (wherein a simple
Internet search reveals that the “Ship To” address is
located in the area of airport cargo terminals/freight
forwarders).
INCOTERMS
Developed by the International Chamber of Commerce (ICC),
INCOTERMS are a codification of rules for the
interpretation of sales terms used in export/import
transactions. INCOTERMS 2000 is a collection of 13
internationally used terms of sale. (Please note that
FOB is one term that often causes confusion with the
commonly used domestic term)
For an in-depth look at each INCO term, please see the
following website:
http://www.iccwbo.org/incoterms/id3040/index.html
Country of Origin Marking Requirements
Below please find the official "county of origin"
marking requirements from CPB (U.S. Customs and Border
Protection -
http://www.cbp.gov/xp/cgov/trade/basic_trade/)
County-Of-Origin Marking:
U.S. customs laws require that each article produced
abroad and imported into the United States be marked
with the English name of the country of origin to
indicate to the ultimate purchaser in the United States
what country the article was manufactured or produced
in. These laws also require that marking be located in a
conspicuous place as legibly, indelibly and permanently
as the nature of the article permits. Articles that are
otherwise specifically exempted from individual marking
are also an exception to this rule. These exceptions are
discussed below.
Markings Required:
If the article¾or
its container, when the container and not the article
must be marked¾is
not properly marked at the time of importation, a
marking duty equal to 10 percent of the article’s
customs value will be assessed unless the article is
exported, destroyed or properly marked under CBP
supervision before the entry is liquidated.
Although it may not be possible to identify the ultimate
purchaser in every transaction, broadly stated, the
“ultimate purchaser” may be defined as the last person
in the United States who will receive the article in the
form in which it was imported. Generally speaking, when
an article is imported into and used in the United
States to manufacture another article with a different
name, character or usage than the imported article, the
manufacturer is the ultimate purchaser. If an article is
to be sold at retail in its imported form, the retail
customer is the ultimate purchaser. A person who
subjects an imported article to a process that results
in the article’s substantial transformation is the
ultimate purchaser, but if that process is only minor
and leaves the identity of the imported article intact,
the processor of the article will not be regarded as the
ultimate purchaser.
When an article or its container is required to be
marked with the country of origin, the marking is
considered sufficiently permanent if it will remain on
the article or container until it reaches the ultimate
purchaser.
When an imported article is normally combined with
another article after importation but before delivery to
the ultimate purchaser, and the imported article’s
country of origin is located so that it is visible after
combining, the marking must include, in addition to the
country of origin, words or symbols clearly showing that
the origin indicated is that of the imported article,
and not of any other article with which it has been
combined. For example, if marked bottles, drums, or
other containers are imported empty to be filled in the
United States, they shall be marked with such words as
“Bottle (or drum or container) made in (name of
country).” Labels and similar articles marked so that
the name of the article’s country of origin is visible
after it is affixed to another article in this country
shall be marked with additional descriptive words such
as “label made (or printed) in (name of country)” or
words of equivalent meaning.
In cases where the words “United States” or “American”
or the letters “U.S.A.” or any variation of such words
or letters, or the name of any city or locality in the
United States, or the name of any foreign country or
locality in which the article was not manufactured or
produced, appear on an imported article or container,
and those words, letters, or names may mislead or
deceive the ultimate purchaser about the article’s
actual country of the origin, there shall also appear,
legibly, permanently and in close proximity to such
words, letters or name, the name of the country of
origin preceded by “made in,” “product of,” or other
words of similar meaning.
If marked articles are to be repacked in the United
States after release from CBP custody, importers must
certify on entry that they will not obscure the marking
on properly marked articles if the article is repacked,
or that they will mark the repacked container. If an
importer does not repack, but resells to a repacker, the
importer must notify the repacker about marking
requirements. Failure to comply with these certification
requirements may subject importers to penalties and/or
additional duties.
For a list of articles that are not required to be
marked to indicate country of origin, as well as a
listing of exceptions please check the CPB website:
http://www.cbp.gov/xp/cgov/trade/basic_trade/
Unless an article being shipped to the United States is
specifically named on the CPB list, it would be
advisable for an exporter to obtain advice from CBP
before concluding that it is exempted from marking. If
articles on the foregoing list are repacked in the
United States, the new packages must be labeled to
indicate the country of origin of the articles they
contain. Importers must certify on entry that if they
repackage, they will properly mark the repackaged
containers. If they do not package, but resell to
repackagers, they must notify repackagers about these
marking requirements. Failure to comply with these
certification requirements may subject importers to
penalties and marking duties.
What is a Foreign-Trade Zone?
In the United States, the federal government has the
authority to approve the creation of a foreign- trade
zone (FTZ). The creation and development of individual
zone projects, such as York Zone 147, are usually the
result of combined efforts from private and public
sector entities. York Zone 147:
http://ftz147.org/
Foreign-Trade Zones are treated as being outside the
Customs Territory of the United States for the purposes
of tariff laws and Customs entry procedures. Therefore
foreign and domestic merchandise may be admitted into
zones for storage, exhibition, assembly, manufacture and
processing, without being subject to formal Customs
entry procedures, the payment of Customs duties or the
payment of federal excise taxes. When merchandise is
removed from a foreign-trade zone, Customs duties may be
eliminated if the goods are then exported from the
United States.
If the merchandise is formally entered into U.S.
commerce, Customs duties and excise taxes are due at the
time of transfer from the foreign-trade zone. For a
company, zone status provides an opportunity to reduce
certain operating costs associated with a U.S. location
that are avoided when operating from a foreign site.
What are the benefits of being in a FTZ?
Deferral of Duties:
Customs duties are paid only when and if merchandise is
transferred into U.S. Customs Territory. The benefit
equates to a cash flow savings that allows companies to
keep funds available for operations while the
merchandise remains in the zone. There is no limit on
the length of time that merchandise can remain stored in
a zone.
Reduction of Duties:
In a Foreign-Trade Zone, users may elect a zone status
on merchandise admitted to the zone. The zone status
determines the duty rate that will be applied to foreign
merchandise if it is ultimately entered into U.S.
Commerce. This permits FTZ Users to elect the lower duty
rate applicable to either the imported parts or the
finished product manufactured in the zone.
Elimination of Duties:
Customs duties are not paid on merchandise exported from
a FTZ. Duty is eliminated on foreign merchandise
admitted to a zone but subsequently exported from the
FTZ. Generally, Customs duties are also eliminated from
merchandise that is scrapped, wasted, destroyed or
consumed in a zone.
Export Control Classification Number – ECCN
An ECCN is a 5 character, alphanumeric reference number
used by the US Commerce Department to classify products
on the Commerce Control List for export control
purposes.
The most current version of an alphabetized listing of
controlled items can be found on the following website: http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf . If
you go to
http://www.access.gpo.gov/bis/ear/ear_data.html, you
will also find each category as a separate chapter, like
nuclear materials, electronics, computers etc.
The guidelines for requesting the commodity
classification number are on the BIS website,
http://www.bis.doc.gov/licensing/cclrequestguidance.html
Qualifying for duty free preferential rates when
exporting to Australia
Information on the rules of Origin under the Australia -
United States Free Trade Agreement, AUSFTA, can be found
on the US Commercial Service website,
http://www.buyusa.gov/australia/en/fta.html as well
as on the Australian Customs site
http://www.customs.gov.au/site/page.cfm?u=6016
site
The first step in determining your current duty is to
determine your tariff classification code (http://www.census.gov/foreign-trade/schedules/b/)
Then visit: http://www.customs.gov.au/site/page.cfm?u=5663
and scroll down to Chapter 5 – US Originating Goods and
download the appropriate book to find your current duty
rates. If not, you can also browse this site to find the
appropriate chapter that might describe your product.
You can also have Australian Customs verify your code –
this requires some paperwork and submission of data.
You will need to submit a Tariff Advice Application
(B102 – attached to this email) to a Customs Office.
Customs will then provide you with the tariff
classification number in writing. You
should submit illustrative descriptive material (IDM)
with your Tariff Advice Application. IDM may include,
but is not limited to, photographs, website addresses, a
sample of your product, product specifications, etc.
This IDM will assist Customs in classifying your goods.
What countries does the United States have Free Trade
Agreements with?
The United States has free trade agreements in force
with 17 countries. The most current list of trade
agreements, their status, and the full text for each
agreement can be found on the website of the United
Stated Trade Representative, http://www.ustr.gov/trade-agreements/free-trade-agreements
These are:
The United States has signed free trade agreements with
Colombia,
Korea, and
Panama, but
Congress must enact legislation to approve and implement
each individual agreement in order for them to go into
effect.
Information regarding Certificate of Free Sale for
Vietnam
Certificate of Free Sale- Decision
can be viewed
here
Decision 10/2010/QD-TTg of the Prime
Minister dated February 10th, 2010 regulating the issue
and requirement of Certificate of Free Sale ("CFS") for
import and export products and goods ("Decision 10").
As defined in Article 4.1 of Decision
10, CFS is "the certificate issued by the competent
regulatory authority of the exporting country to the
exporter of those products and goods ("products") named
in the CFS confirming that such products and goods are
produced and permitted to free sale in that exporting
country".
For the exporters of products
manufactured in Vietnam, this Decision provides a clear
mechanism for obtaining CFS for their products if such
certificate is required by the targeted importing
countries. It is the right, not the obligation, of these
exporters under Decision 10 to apply for CFS for the
said exporting products where needed.
For the importers of products and goods
for sale in Vietnam market, CFS will be required for
those imported products published by relevant ministries
in accordance with the list provided in Annex 1 of
Decision 10.
There are 14 ministries and the relevant
groups of products under their administration are listed
in Annex 1 making it clear where the exporters in a
certain industry will submit their application to for
obtaining the CFS for their products. It is also clear
which group of imported products may be subject to the
requirements of CFS by Vietnamese authorities. For
example, the Ministry of Health may publish a list of
cosmetic products for which the CFS issued by their
manufactured countries (i.e. the exporting countries)
shall be required when they are imported for sale in
Vietnamese market.
For the importers, CFS is an additional
document required in case the relevant authority of
Vietnam determines that a certain product or group of
products within the list of Annex 1 should be imposed
with stricter administration in order for them to be
imported for sale in Vietnam. Currently, such
requirement has been applied to import of products
belonging to several sectors, for example, the import of
some kinds of medicine or chemical substances for the
use in rearing and grow aquatic products under Circular
60 in 2009 of the Ministry of Agriculture and Rural
Development.
As stipulated in Article 17 of Decision
No. 10/2010/QD-TTg above, CFS is only required in case
the branch (e.g. Ministry of Health, Ministry of
Agriculture and Rural Development) requires CFS in the
dossier submitted to the Ministry to be granted the
certificate as prescribed by law (such as product
disclosure, circulation registration, etc.,).
With the expansion of the number of
sectors in which CFS is required for relevant imported
products, many more importers in more sectors will have
to obtain this document or an equal alternative. This
may delay the procedure for importing products in
Vietnam, particularly for those products manufactured in
countries where there are not mechanisms for
obtaining/issuing CFS.
The contents of CFS issued by Vietnamese
authorities will consist the following information:
- name of the issuing authority;
- reference number of the CFS;
- issuing date
- name of products/goods
- class or group of products/goods;
- name and address or the manufacturer
- declaration that the product/good is
manufactured and freely sold in the market of the
manufacturing country;
- name and title of the issuing official
and seal of issuing authority.
Is
a way to get US import duties waived or refunded based
on the parts being incorporated into finished equipment?
(Duty Drawbacks)
There is a procedure called
“duty drawback” which allows you to recover up to 99% of
all customs duties paid on any imported materials
contained in the exported product. The program is
administered by CPB (Customs and Border Protection,
which is part of Homeland Security), here is a link to
their website section dealing with drawback and a pdf
file with basic info is attached as well:
http://www.customs.gov/xp/cgov/trade/trade_programs/drawback/
There are many freight
forwarders who will handle the drawback paperwork (for a
fee) and there are consultants who specialize in this.
Importing
Products into the US
For detailed information on
importing products into the United States, the US
Department of Homeland Security’s Custom and Border
Protection agency has pertinent information on import
regulations and requirements. These include:
-
“Tips for
New Importers and Exporters”
http://www.cbp.gov/xp/cgov/trade/trade_outreach/diduknow.xml
-
“Importing
into the United States” a 200 page booklet
http://www.cbp.gov/linkhandler/cgov/newsroom/publications/trade/iius.ctt/iius.pdf
-
and a list of
prohibited/restricted items:
http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/prohibited_restricted.xml
For industry specific
regulatory requirements:
-
importing
food items, (the FDA has a good overview):
http://www.fda.gov/Food/InternationalActivities/Imports/default.htm,
-
importing
medical devices (the FDA has a good overview):
http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/ImportingandExportingDevices/ucm050126.htm
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