Miscellaneous

QUESTION: Is there a way to request with CBP not to release our data to Market Intelligence platforms? ========== Answers: https://www.cbp.gov/sites/default/files/assets/documents/2019-Aug/Electronic%20Vessel%20Manifest%20Confidentiality%20Trade%20ACE%20Information%20Notice_2.pdf ========== Yes, and I think it is a good idea to do so. See 19 CFR 103.31(d). You can request import and export manifest confidentiality. There is supposed to be an electronic process rolling […]

QUESTION: Question regarding the Apollo Aviation OFAC case. What is the opinion of the group that if Apollo had received end user certificates they would not had compliance violations? Is Apollo’s liability continual since these were leases vs sales? I want to understand OFAC’s intent so I can ensure our company’s policies and practices are […]

QUESTION: Can anyone point me to WCO and/or WTO rules, regulations or clauses that have to do with the jurisdiction WTO/WCO member customs agencies over importers or exporters outside of their jurisdiction? For example if a customs agency in Brazil or India or Japan wanted detailed information about a US company’s product’s manufacturing process or […]

QUESTION: In addition to the power and authority of Customs Agencies (globally) to assess fines and penalties on importers when there have been clear indications of negligence, gross negligence or fraud uncovered during an audit, do Customs Agencies also have the legal authority to require an importer to hire qualified staff to address the issues […]

QUESTION: Hello, we have been importing from China, are in the process of investigating feasibility of switching to other countries of origin. There are special duties like Section 301, 232, etc. that apply per origin and product. Is there an easy way to figure out which applies to our potential new source? Is there a […]

QUESTION: We are revisiting the site location of our DC in Germany. Our business is growing and before we expand into new warehouse space we would be interested in the pros and cons of moving our DC to NL. Has anyone done this before? Would you be able to show your pros and cons and […]

QUESTION: If a tariff exemption has a specific FOB price criteria (i.e. price must be more than $.35 and not to exceed $2.00) is there any regulatory issue with negotiating pricing adjustments with vendors to increase and/or decrease the price of those subject items to allow the product to fall into the exemption range? The […]

QUESTION: My company recently had shipment impacted by CN tariffs (roughly $35k) get lost in transit after clearance. The vendor did not package the shipment in accordance with carrier guidelines and half of the items were lost. The carrier has communicated that an extensive search was performed w/o resolution, so a replacement was ordered, which […]

QUESTION: I believe I truly understand what a routed transaction is; however please would you confirm that the transaction is still considered routed, due to the FPPI appointing a US forwarder to facilitate the goods out of the US, even if the USPPI files in the export system and not just when the FPPI’s US […]

QUESTION: Have a question regarding returns back into US. If a customer is returning US Manufactured good and being return back to the manufacture/seller; in order to claim 9801 the only documents required is US manufacture Affidavit and Foreign shipper declaration right? Or is there anything additional you have to provide. In these cases returns […]

QUESTION: If your company organizes events such as conferences, seminars or webinars, do you screen attendees against Denied Party List? If you do – do you screen attendees or invitees? If you do not screen applying concept of “open/unrestricted” conference, what factors do you use as a support of this determination. %%%%%%%%%%% ANSWERS: Yes, and […]

QUESTION: Nowadays, when we have constant additions to Entity List and SDN, what is the reasonable expectations for company for the timing of enforcement of new denials within internal systems? Depending on industry and nature of business(hardware/software/service) company may maintain different frequency of sales/engagements and database flagging, but overall I am curious to understand what […]