The documentation of importing goods is made
through an "entry". At this point the importer is stating the type
and value of the goods providing the basis for evaluating the right
to import the goods and for calculating duties.
Into Commerce
Importing means that you are bringing goods into
the commerce of a country. Under this condition the government
enforces the right to collect duties. If goods are not going to be
sold in the US then duties can be deferred until you prove the
goods have been exported. If this process is not planned ahead it
is possible to "draw back" duties paid with proper documentation
once the goods have been exported.
Yes, It's Mine
Goods coming into the US must have an owner. This
person is referred to as Importer of Record and must be a US
citizen. This is true even if the goods are being imported for a
company based in another country.
What "It" Is
All goods entering the US must be described or
classified to the satisfaction of the US Government. This process
is sometimes referred to as "coding". The US government through CBP
has the final say on the classification of goods.
The owner ship or rights to the form the goods
take are also important. CBP also reviews trademarks and other
indications of Intellectual Property (IP) rights.
With the advent of Import Security Form filings
also called 10+2 CBP must be advised of goods coming to the USA
prior to loading containers on ships in the exporting countries. At
this point in time (2/2010) the HTS designations made on ISF
declarations may be changed before the goods physically arrive in
the USA but that is likely to change.
HTS codes are also used to gather statistics
about the goods entering into the USA like the square meters of
plastic sheet for tape and square centimeters of reflective surface
for mirrors.
Along these lines CBP collects data on wood
products for APHIS (Lacey Act) and data on the square centimeters
of mirrors imported. This means extra data must be supplied along
with the HTS codes and the economic value i.e. Genus & Species
and Country of Harvest.
In Coming: Entry
Entry is a legal term relating to declaring the
time, type, owner ship and value of imported goods becoming part of
the commerce of the USA. Although the documentation and declaration
of entry may be made by the importer of record it is usually done
by the service of a Customs Broker, licensed to make entries on
behalf of a qualified importer.
Duties owed to the US government are recognized
when the goods are "entered" into the USA. The idea of entry and
associated duties is complex. There are schedules related to making
declarations of the entry, value of the goods, timing of payments,
means of payments, quotas,...
As mentioned in an earlier topic it is possible
an entry is not "realized" because the goods are not actually
brought into the commerce of the USA. It is also possible that
goods are kept in a Trade Free Zone or a Bonded Warehouse until
they are entered, forestalling the payment of duties.
CBP has the right and obligation to refuse the
entry of goods that do not meet any and all requirements for entry.
This means they can prohibit unloading or quarantine goods to
restrict entry into US commerce.
Where Did It Come From?
Duty to be paid depends on the nature or
"essence" of the goods imported, their value and the Country of
Origin. The trade policy of the US allows some countries to import
their goods with reduced or zero duties.
In the case of the North American Free Trade
Agreement (NAFTA) this reduces the costs of the flow of goods for
our major import/export partners. For counties like Peru and
Indonesia and regions like the Caribbean reductions in duties are
meant as economic stimulus and relief.
We Just Don't Care Anymore...
The US government cares that entries are made
correctly. There is also a recognition that full knowledge and
definition of classification and valuation of goods may evolve and
become more complete after the initial entry of goods. This "period
of interest" may last up to 1 year and it allows for the government
or the importer of record to restate the declaration and resolve
differences.
It is the responsibility of the importer of
record to correct any and all discrepancies discovered in this
period. Errors found at any point during this time may lead to
recovery of duty, additional payments and potentially fines. If the
government finds sufficient "negligence" beyond common error
(transcription etc.) on the part of the importer and broker then
they may press criminal fraud charges.