Miscellaneous

MISCELLANEOUS

  • 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 […]

  • LOGISTICS JOB DESCRIPTION

    QUESTION: We are part of Logistics, covering functions for transportation and compliance, we had two different positions and the job descriptions are being revised, HR is asking to have one job description that covers both functions for an analyst position. Does anyone have a job description covering freight routing and planning, audit freight invoices and […]

  • FOREIGN PERSONS AND 50% RULE

    QUESTION: Are non-U.S. persons, subject to restrictions on doing business with SDNs (and 50% or more ownership parties) for extraterritorial transactions, even those that are subject to the EAR by application of the reexport rules (U.S-origin, deminimis U.S. controlled content, FDPRs)?  Is there other information needed to respond to this question? =========== Answers: You seem […]

  • WHEN US CUSTOMS DUTIES ARE APPLICABLE

    QUESTION: My question is about tariffs for a US company.  We have 23 locations globally to include China and Taiwan.  We have a vendor in Russia who manufactures a component for us.  Current tariff rate to bring into the US is 35%.  Taiwan does not have a tariff on this HTS code.  As a US […]

  • MID IMPORTANCE

    QUESTION: We recently did a review of our entries and discovered that the broker has, in a some cases, been indicating an MID code that has no bearing with the actual vendor/invoice. In fact, we cannot figure out where the MID code came from that the broker is using.  This was not a “one time” […]

  • Entry Corrections

    QUESTION: How does the membership handle entry corrections for Overages and Shortages counted after the entry is filed  and upon receipt/unloading? =========== Answers: Via PSC if over the minimum dollar threshold which rarely happens for u ========== An MDR (Manifest Discrepancy Report) showing the overage or shortage needs to be submitted to US Customs, and […]

  • No MPF on IL imports

    QUESTION: I’m looking at some entries to the USA from IL (9014.20.6000) and we did NOT claim SPI IL (IL free trade agreement)….just a regular entry.   But no MPF was charged.  Any idea why?  There are several I found like this. ============ Answers: Please see 19 CFR §24.23(c)5: “The ad valorem fee, surcharge, and specific […]

  • Title in Shipping Paper Used for Customs Clearance

    QUESTION: Our company received a Commercial Invoice from a foreign country, and they title they used is “Tax Invoice”.  Is this an acceptable title when importing and presenting this document to CBP for customs clearance? ========== Answers: For Presenting to CBP Supplier Invoice should state as “Commercial Invoice” or Just “Invoice” only. Tax Invoice Suppliers […]