Importing into the United States A Guide for Commercial ...
Last Revision 2006
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Importing into the United States
A Guide for Commercial Importers
A Notice To Our Readers
On March 1, 2003, U.S. Customs and Border Protection, or CBP, was born as an
agency of the Department of Homeland Security, merging functions of the former
Customs Service, Immigration and Naturalization Service, Border Patrol, and Animal
and Plant Health Inspection Service. Many changes took place in preparation for this
merger and many have occurred since in order to safeguard U.S. borders against highrisk cargo, contraband, and unsafe imports. We encourage you to visit our Website
() for the latest information on specific laws, regulations or procedures that
may affect your import transactions.
******
This edition of Importing Into the United States contains material pursuant to the
Trade Act of 2002 and the Customs Modernization Act (Title VI of the North American
Free Trade Agreement Implementation Act), commonly referred to as the Mod Act.
The Customs Modernization Act (Title VI of the North American Free Trade
Agreement Implementation Act [P.L. 103-182, 107 Stat. 2057]) became effective
December 8, 1993. Its provisions have fundamentally altered the relationship between
importers and CBP by shifting to the importer, the legal responsibility for declaring the
value, classification, and rate of duty applicable to entered merchandise.
A prominent feature of the Mod Act is a relationship between CBP and importers
that is characterized by informed compliance. (See Section Three of this book, which
starts on page 26, for details and definitions.) A key component of informed compliance
is the shared responsibility between CBP and the import community, wherein CBP
communicates its requirements to the importer, and the importer, in turn, uses reasonable
care to assure that CBP is provided with accurate and timely data pertaining to his or her
importations.
Importing Into the United States provides wide-ranging information about the
importing process and import requirements. We have made every effort to include
essential requirements, but it is not possible for a book this size to cover all import laws
and regulations. Also, this publication does not supersede or modify any provision of
those laws and regulations. Legislative and administrative changes are always under
consideration and can occur at any time. Quota limitations on commodities are also
subject to change. Therefore, reliance solely on the information in this book may not
meet the ¡°reasonable care¡± standard required of importers.
We urge interested parties to contact their nearest CBP office for information on
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specific issues or questions. CBP ports of entry, with their addresses and phone
numbers, can be found on our Website under ¡°Ports.¡±
We cannot overemphasize that although the information in this book is provided
to promote understanding of, and compliance with, importing laws and regulations, the
information provided here is for general purposes only. Importers may also wish to
obtain guidance from private-sector experts who specialize in importing, for example,
licensed customs brokers, attorneys or consultants.
Federal agencies whose laws CBP helps to enforce are listed throughout this
book, as well as in the Appendix and on our Website.
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CONTENTS
CHAPTER
U.S. Customs and Border Protection: Mission and Organization
1. Organization; CBP Attaches Abroad
Suggestions to the Exporter
Entry of Goods
2. Entry Process
3. Right To Make Entry
4. Examination of Goods and Entry Documents
5. Packing of Goods¡ªCommingling
Informed Compliance
6. Definition
7. Reasonable Care Checklists
8. Compliance Assessment/Compliance Measurement
9. Notice to Small-Business Importers
Invoices
10. Commercial Invoices
11. Other Invoices
12. Frequent Errors in Invoicing
Assessment of Duty
13. Dutiable Status of Goods
14. Containers or Holders
15. Temporary Free Importations
16. North American Free Trade Agreement (NAFTA)
17. Generalized System of Preferences (GSP)
18. Caribbean Basin Initiative (CBI) and the Caribbean Basin Economic
Recovery Act (CBERA)
19. Andean Trade Preference Act (ATPA)/Andean Trade Promotion and
Drug Eradication Act (ATPDEA)
20. U.S.-Israel Free Trade Area Agreement
21. U.S.- Jordan Free Trade Area Agreement
22. Compact of Free Association (FAS)
23. African Growth and Opportunity Act (AGOA)
24. U.S.-Caribbean Basin Trade Partnership Act (CBPTA)
25. U.S.-Chile Free Trade Agreement (US-CFTA)
26. U.S.¨C Singapore Free Trade Agreement
27. Antidumping and Countervailing Duties
28. Drawback¡ªRefunds of Duties
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Classification and Value
29. Classification¡ªLiquidation
30. Conversion of Currency
31. Transaction Value
32. Transaction Value¡ªIdentical or Similar Merchandise
33. Other Bases: Deductive and Computed Value
34. Rules of Origin
Marking
35. Country of Origin Marking
36. Special Marking Requirements
37. Marking¡ªFalse Impression
38. User Fees
Special Requirements
39. Prohibitions, Restrictions, and Other Agency Requirements
40. Alcoholic Beverages
41. Motor Vehicles and Boats
42. Import Quotas
43. Fraud
Foreign Trade Zones
44. Foreign Trade Zones
Appendix
Invoices; Additional Information; Customs Valuation;
Other Forms; Other Agencies
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U.S. CUSTOMS AND BORDER PROTECTION: MISSION AND
ORGANIZATION
1. Organization
Mission
Before September 11, 2001, the major responsibility of the former U.S. Customs
Service was to administer the Tariff Act of 1930, as amended. When Customs
subsequently merged with other border enforcement agencies to become U.S. Customs
and Border Protection, CBP¡¯s priority mission became homeland security: detecting,
deterring and preventing terrorists and their weapons from entering the United States.
This mission fits ideally with CBP¡¯s long-established responsibilities for
protecting and facilitating international trade. CBP retains its traditional enterprise of
protecting the nation's revenue by assessing and collecting duties, taxes and fees incident
to international traffic and trade. Further, by providing procedural guidance to the import
community, CBP enhances and increases compliance with domestic and international
customs laws and regulations. CBP thus helps importers assure that their shipments are
free from terrorist or other malicious interference, tampering, or corruption of containers
or commodities.
Today, CBP is the nation¡¯s premiere border enforcement agency, and it
accomplishes this new mandate in part by executing the responsibilities for
which it has always been known: controlling, regulating, and facilitating the
movement of carriers, people, and commodities between the United States and
other nations; protecting the American consumer and the environment against
the introduction of hazardous, toxic or noxious products into the United States;
protecting domestic industry and labor against unfair foreign competition; and
detecting, interdicting, and investigating smuggling and other illegal practices
aimed at illegally entering narcotics, drugs, contraband or other prohibited
articles into the United States.
CBP is also responsible for detecting, interdicting, and investigating
fraudulent activities intended to avoid the payment of duties, taxes and fees, or
activities meant to evade the legal requirements of international traffic and
trade; and for detecting, interdicting, and investigating illegal international
trafficking in arms, munitions, currency, and acts of terrorism at U.S. ports of
entry.
Organization
Field Operations Offices
CBP operates through a field-office structure that consists of 20 Field Operations
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