If NLR is your default entry this is a wake up call. Thanks Jim Dickeson – Trade Compliance Geek #compliance

It’s finally happened. I’ve been saying for years that AES needed this simple edit check.

As you know, when you export an item with an ECCN whose reason for control is the same as the reason for control for your destination country, there is a license requirement. Either you need an export license, or there may be a license exception available. But if you filed the EEI in AES with the License Type C33 for No License Required (NLR), you would have a BIS export violation. No, AES wouldn’t tell you this. You’d just get the bad news at some point in the future. Along with a penalty of up to $250,000. Cha-ching!

https://www.linkedin.com/in/adhoclogistics/detail/recent-activity/

Perhaps you have been “looking the other way” when it comes to export compliance. If you are lucky there have been no consequences for this negligence. CEOs and COOs, why not start off 2022 with a little executive action and move your organization towards compliance?

While a formal Export Compliance Program is the ideal solution, you may not be ready to commit the resources needed at this time. However, there are some steps that can be implemented immediately at little cost.

Here are a few best practices to help you get started :

1) Review and confirm correct Harmonized Tariff and Schedule B codes and maintain master list as updates occur. Proper classification follows established protocols and is the starting place for compliance.

2) Check Export Administration Regulations (EAR) for correct ECCN and license exception codes. Are you automatically using EAR99 and NLR? https://www.bis.doc.gov/ can help.

3) Confirm Country of Origin for all imports. This info is needed for your Commercial Invoice and is not always obvious, so consider consulting a Licensed Customs Broker.

4) Check common “Red Flags” such as denied parties lists, entities lists, and unverified lists. Once again, https://www.bis.doc.gov/ provides details and training.

5) Review export documentation for possible improvements.

Make export compliance a front-end process not a last minute shipping function. Remember, while Logistics Service Providers (LSPs) are valued partners, the exporter bears primary responsibility for compliance. Finally, if exporting under ITAR you need a responsible trained officer.

Contact mitch@52.91.45.227 for immediate assistance.

In a recent post we discussed Country Commercial Guides published by the International Trade Administration, which is part of the US Department of Commerce.

The FTA Tariff Tool is another valuable ITA resource for exporters . This tool enables exporters to determine duty rates when shipping to foreign countries. Here is the link:

https://www.trade.gov/fta-tariff-tool-home

For help with international logistics contact mitch@52.91.45.227

Clear explanation of the issues.

https://www.linkedin.com/posts/adhoclogistics_episode-22-strong-as-their-weakest-link-activity-6872191665663287297-VhhD

Exporters, are you filing and forgetting? Auditing EEI (also referred to as AES) filings is a good business practice. If you are a self filer is anyone checking the accuracy of your submissions? Does your freight forwarder have an audit procedure in place if they are filing for you? Here is the risk of a “file it and forget it” policy:

§ 30.71 False or fraudulent reporting on or misuse of the Automated Export System.

(a) Criminal penalties –

(1) Failure to file; submission of false or misleading information. Any person, including USPPIs, authorized agents or carriers, who knowingly fails to file or knowingly submits, directly or indirectly, to the U.S. Government, false or misleading export information through the AES, shall be subject to a fine not to exceed $10,000 or imprisonment for not more than five years, or both, for each violation.

Are you aware of these potential filing errors?

A common misconception is that EEI and Commercial Invoice value should match. However, inland freight charges must be accounted for in the EEI filing whether or not they are on the commercial invoice.

or

The new mandatory filing requirement in Section 758.1(b)(10) applies to all items that have an ECCN and are destined to China, Russia, or Venezuela, regardless of value, end use or end user. 

For audits of your EEI filings contact mitch@52.91.45.227 .

Deep SenGupta• 𝐂𝐨𝐧𝐭𝐢𝐧𝐮𝐢𝐧𝐠 𝐃𝐒𝐆 𝐆𝐥𝐨𝐛𝐚𝐥 𝐋𝐋𝐂’𝐬 𝐬𝐞𝐫𝐢𝐞𝐬 𝐨𝐟 𝐭𝐡𝐞 𝟐𝟓 𝐤𝐞𝐲 𝐞𝐥𝐞𝐦𝐞𝐧𝐭𝐬 𝐢𝐧 𝐚𝐬𝐬𝐞𝐬𝐬𝐢𝐧𝐠 & 𝐫𝐞𝐝𝐮𝐜𝐢𝐧𝐠 𝐨𝐮𝐫 𝐜𝐥𝐢𝐞𝐧𝐭’𝐬 “𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐓𝐫𝐚𝐝𝐞 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐒𝐜𝐨𝐫𝐞”

CHAPTER 2: RESPONSIBLE ORGANIZATION: When employees wear multiple hats (for example: the warehousing or procurement staff are also the Import-Export compliance go-to person), compliance usually falls through the cracks.

WHAT IS THIS AND WHY IS IT IMPORTANT TO THE TRADE COMPLIANCE SCORE?

Mitch Kostoulakos, LCB Ad Hoc Logistics LLC, Licensed Customs Broker, International Logistics Consultant

Excellent post Deep…in my opinion compliance officers should report directly to CEO, COO, or legal dept. They must have autonomy and authority

As noted in a recent post, complying with US export regulations is only half of the battle in an international transaction. Clearing customs and arranging transportation in the destination country can be even more complex. Issues include choice of customs broker and freight forwarder, Importer of Record status, establishing EORI and VAT accounts, marking and labeling, and much more.

Experienced LSPs (Logistics Service Providers) are valuable partners and should be able to provide guidance. However, due diligence on the part of the exporter means doing some research in advance. This is especially true when shipping to a country for the first time.

The International Trade Administration publishes on-line Country Commercial Guides available at no cost. Check them out at https://www.trade.gov/ccg-landing-page

Contact mitch@52.91.45.227 for help with international shipping.

Along with airbills and ocean bills of lading, the commercial invoice is one of the primary documents in international trade. While there is no standard format for a CI, specific information is critical. Here is a question from the October 2021 CBLE (Customs Broker License Exam). If you don’t know the correct answer it may be time to review your commercial invoice. Link to the answer key below.

20. Which piece of information is NOT a requirement on a commercial invoice?
    A. All rebates, drawbacks, and bounties, separately itemized, allowed upon the exportation of the merchandise
    B. An itemized list by name and amount of packing, cases, containers, and inland freight to the port of exportation, if included in the invoice price, and so identified
    C. The kind of currency, whether gold, silver or paper
    D. The port of entry to which the merchandise is destined
    E. The name of a responsible employee of the exporter, who has knowledge, or who can readily obtain knowledge, of the transaction

https://www.cbp.gov/sites/default/files/assets/documents/2021-Nov/October%202021%20Answer%20Key%20Final.pdf

Contact mitch@52.91.45.227 for assistance

HTSUS (Harmonized Tariff Schedule of the United States) classifications can be straightforward or not, as these two examples illustrate:

9506.69.2040 Baseballs

8532.10.0000 Fixed capacitors designed for use in 50/60 Hz circuits and having a reactive power handling capacity of not less than 0.5 kvar (power capacitors).

A thorough classification includes HTS lookup, GRI (General Rules of Interpretation) review, checking notes, and searching CROSS (Customs Rulings Online Search System). This is the procedural aspect of classification, but there is more. Most commodities require interpretation of the tariff language based on experience. Finally, the process needs to be documented for future reference and parts lists updated.

I sometimes recommend a binding ruling to ensure accuracy in entries. Binding rulings provide uniformity across all ports of entry, and protect the importer from variations in interpretation from current and future CBP personnel. Rulings can be requested on valuation and country of origin as well as classification. The downside to obtaining a ruling is that you must follow it or be subject to penalties, although rulings can be appealed.

If you decide to obtain a ruling it is best to engage an expert to draft your request for a specific classification rather than leave it totally in the hands of CBP.

For help with binding rulings contact mitch@52.91.45.227.

Earlier this week I posted about the appeal process for the Custom Broker License Exam. CBP has released the pass rate for October 2021.

The October 21, 2021 CBLE resulted in a 25% pass rate prior to appeal decisions.

Here is a sampling of exam questions with answers below:

Category III – Marking

9. What is the appropriate country of origin marking for a pair of shoes manufactured in China and imported with its unsealed shoebox that reads “Kicks! America’s Favorite Sneaker”?
   A. Shoes must be marked with country of origin; shoebox is exempt from country of origin marking.
   B. Shoes are exempt from country of origin marking.
   C. Both the shoebox and shoes must be marked with country of origin.
   D. Only the shoebox must be marked with country of origin.
   E. Shoes and shoebox can be marked with a sticker stating the country of origin.

Category VIII – Classification

34. An article of base metal containing two or more base metals is classified by the metal that
    ______.
    A. Is referenced last in the HTSUS
    B. Imparts the essential character of the article
    C. Predominates by weight over each of the other metals
    D. Has the highest value
    E. Is essential to its actual use

Category XI – Value

56. Exporter E provides the following quantity discounts on mattresses purchased by importers before
    their importation:
    • 1 to 99 mattresses – no discount
    • 100 to 499 mattresses – 10% discount
    • Over 500 mattresses – 15% discount
    Under the first scenario, Importer X purchases and imports 120 mattresses in a single shipment. The invoice price reflects a 10% discount. Under the second scenario, Importer Y purchases 120 mattresses in a single transaction at a price which reflects a 10% discount but imports them in four separate shipments each comprising 30 mattresses. What is the customs value of the imported mattresses under the two scenarios?
    A. Under both scenarios, the customs value is the price actually paid or payable for the imported mattresses reflecting a 10% discount.
    B. Under the first scenario, the customs value is the price actually paid or payable for the imported mattresses reflecting a 10% discount. Under the second scenario, the customs value is the price actually paid or payable for the imported mattresses reflecting no discounts.
    C. Under both scenarios, the customs value is the price actually paid or payable for the imported mattresses reflecting no discounts.
    D. Under the first scenario, the customs value is the price actually paid or payable for the imported mattresses reflecting a 10% discount. Under the second scenario, the customs
    value is the price actually paid or payable for the imported mattresses reflecting a 15% discount.
    E. In both cases, the customs value is the price actually paid or payable for the imported mattresses reflecting a 15% discount.

Answers 9-C, 34-C, 56-A