Miscellaneous

MISCELLANEOUS

  • Access to past penalties

    QUESTION: What is the best way to find out what penalties we’ve paid to Customs in the past without doing a FOIA?  Would our brokers have the same knowledge?  Would the surety companies have a list of what has been issued in the past?  I just started at a company and am being told that […]

  • No Commercial Value (NCV) or Free of Charge (FOC) on Commercial Invoice

    QUESTION: Items of NCV or FOC must be shown with value on the Commercial Invoice; however, do their total values have to be added into the total Commercial Invoice value at the bottom of the Commercial Invoice?   %%%%%%%%%% ANSWERS: Yes, It is Customs Regulation that you start with the invocie value notated as I.V. then your […]

  • CBP REFUND NEVER RECEIVED

    QUESTION: We submitted a Protest for a duty refund, and CBP approved the Protest over a year ago. The duty refund was never received. What is the best way to get CBP to confirm that a check was sent, and if so, was it ever cashed? ========== Answers: You can request a report of refunds […]

  • SOLD TO CANADA SHIPPED DOMESTICALLY

    QUESTION: We sell a product to a company in Canada but they have us ship to their USA warehouse for compiling into a finished unit, which they then export. Since this is a export sale, we handle as if it is an export, doing all the denied party etc. and doing the export invoice, Canada […]

  • CBP INTEREST REFUND

    QUESTION: We requested reliquidation of a large drawback entry and once we got the bill from CBP, we paid the bill via check directly from our bank. CBP cashed the check within 2 weeks of the check date. Fast forward 3 months, and suddenly CBP is contacting us that if the bill isn’t paid WITH […]

  • SHIPMENT FROM CN TO TR

    QUESTION: Can our US-based company with offices in CN arrange for shipment of CN-manufactured cases of desiccant pads to TR? Can anyone advise of any specific tariffs or sanctions that would be an issue? ****************** Answers: There is not a lot of detail in your email. I assume TR is Turkey. It sounds like a […]

  • Repercussions

    QUESTION: 25 pieces of 0A606.x product was mistakenly shipped to our subsidiary in the UK, final destination of Turkey, on 7/23/2022. AES was not submitted (of course). Approval was not obtained from Commerce until 8/30/2022. UK is holding the 25 pieces at their location until they can obtain approval from the UK Govt to ship […]

  • Agricultural use in EN

    QUESTION: I am traveling and don’t have access to my hard copy of Explanatory Notes. Can anyone define what “agricultural use” means in the ENs (Section XVI (?) Chapters 84 and 85)  We have some equipment used to apply carnauba wax on to fresh produce after harvest. We are having a discussion with our customs […]

  • CIT DECISIONS VS CUSTOMS RULINGS

    QUESTION: Do US CIT decisions override Customs rulings? I am particularly interested in Michael Simon Design Inc. vs. United States Court No. 04-00537.  The court ruled that sweaters containing Halloween motifs fell under festive articles of 9505.90.6000, even though explanatory notes state that articles of apparel/fancy dress are excluded.  I did see that the US […]

  • FOREIGN ENTITY HOLDING FREIGHT

    QUESTION: I am hoping the community can provide some guidance. We have a partner in India that provides 3rd party warehousing and IOR services. We decided to discontinue our relationship and we are now trying to get our customer-owned inventory out of their facility. They have been holding the inventory hostage for months, so to […]

  • Buy American

    QUESTION: A US based company manufactures products from steel that is purchased from North America (so not all US sourced raw material) If the final manufactured products are considered to be “COTS”(Commercially Available Off-The-Shelf), is there an exceptions list of products that don’t need to meet the raw material percentage required rule for Buy American? […]

  • Importing Hearing Aid Parts and Accessories Under the Nairobi Protocols

    QUESTION: I have two questions regarding the Nairobi Protocols for articles for the physical handicapped: 1.      Into the EU and Canada, can the Nairobi Protocol be used to import hearing aid parts and accessories?  I know we can use the Nairobi Protocols for the U.S. for these type articles under HTS code 9817.00.96. What about […]