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Canadian Construction Association Annual Conference 2004 Matthew Parrott, LCB Branch Manager, Buffalo, NY

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Page 1: Canadian Construction Association

Canadian Construction Association

Annual Conference 2004Matthew Parrott, LCB

Branch Manager, Buffalo, NY

Canadian Construction Association

Annual Conference 2004Matthew Parrott, LCB

Branch Manager, Buffalo, NY

Page 2: Canadian Construction Association

Customs and Border ProtectionReasonable Care

Commercial Invoice Requirements Customs Entries

Harmonized Tariff Coding SystemOther Government Agencies

Page 3: Canadian Construction Association

Mission Statement

To expedite the legal clearance of your goods to ensure proper and on-time delivery to your customers.

We, as U.S. Customhouse Brokers, uphold the laws of the United States, safeguard the revenue, and foster lawful international trade.

Page 4: Canadian Construction Association

Customs and Border Protection

NAFTA PAPS C-TPAT FAST FDA Bioterrorism Act

Page 5: Canadian Construction Association

NAFTANorth American Free Trade Agreement

Allows preferential duty treatment for qualifying goods from qualifying countries.

Not everything from Canada, Mexico, and the U.S. is NAFTA eligible.

Work with a qualified expert to complete your NAFTA Certificate of Origin.

Incorrect Certificates can lead to fines, penalties and prison time.

Page 6: Canadian Construction Association

C-TPAT Customs Trade Partnership against Terrorism A voluntary government/industry partnership

initiative to strengthen overall supply chain and border security.

Industry Commitment Conduct a self assessment of supply chain

security. Submit a supply chain security profile

questionnaire Develop and implement a program

Page 7: Canadian Construction Association

C-TPAT ( con’t )

Benefits to participating in C-TPAT Reduced number of inspections An assigned account manager Access to C-TPAT membership lists Eligibility for account based processes An emphasis on self-policing, not Customs

verification

Page 8: Canadian Construction Association

FAST - Fast and Secure Trade

Facilitate pre-approved low risk trade between the U.S. and Canada over land borders

FAST will allow importers on the U.S./Canada border to obtain expedited release for qualifying commercial shipments

CTPAT FAST approved driver/qualifying goods/approved CTPAT importer

Greater speed at the border Reduced cost of compliance Strong and ongoing partnership with Canadian and U.S.

Customs

Page 9: Canadian Construction Association

FDA Bioterrorism Act

New legislation designed to protect the food supply of the United States.

Takes effect December 12, 2003 Do not ship food or drink of any type, not

even a gift.

Page 10: Canadian Construction Association

Reasonable Care

The importer of record is responsible for knowing what they import and the terms of the transaction.

The importer of record bears the legal responsibility for using reasonable care to correctly enter the merchandise.

In order to meet this legal responsibility an importer may utilize one or more experts to assist him.

Page 11: Canadian Construction Association

Commercial Invoice Requirements

CFR 19 141.86 The port of entry which the merchandise is

destined. The shipper, consignee, buyer (if other then

consignee) and any other parties to the transaction.

A detailed description of the merchandise, including name, quality, grade, and any marks or numbers on the goods.

Page 12: Canadian Construction Association

Commercial Invoice RequirementsCont.

The quantities and weight of the merchandise. The purchase price or value, if not a sale, of

each item in the currency of purchase. The kind and country of currency whether

gold, silver, or paper. Any other items the shipper incurred for the

goods for example: packing, freight, insurance, etc.

Page 13: Canadian Construction Association

Commercial Invoice RequirementsCont.

All rebates, drawbacks, and bounties, if any separately itemized.

The country of origin (manufacture) of the merchandise and any assists given for the merchandise.

Invoice must be in English A packing list should always accompany the

invoice. The HTS code of each item on the invoice.

Page 14: Canadian Construction Association

Commercial Invoice RequirementsCont.

The name of a responsible party from the shipper of the merchandise.

The Federal Tax I.D. number (A.K.A. IRS #, EIN # etc.) of the consignee or buyer (if U.S.) of the goods.

Page 15: Canadian Construction Association

Customs Entries

Consumption Entries (informal and formal) Temporary Importation Bond (TIB) Bonds (Transit, In-Transit, T&E) Warehouse Entries/Consolidated Entries Foreign Trade Zone (FTZ) Section 321 Section 10.41a

Page 16: Canadian Construction Association

Formal Entries

Merchandise valued in excess of $2000 USD or merchandise that is excluded from informal entry, (textiles ), or the Customs Inspector requires formal entry

Bond required Broker’s services very beneficial Duty plus minimum MPF of $25.00 USD Entry review by Import Specialist

Page 17: Canadian Construction Association

Informal Entries

All goods valued at less than $2000 USD unless a Customs Inspector requires formal entry, or if textiles over $5.00 USD.

Broker’s services aren’t necessary, although highly recommended.

Entry is final ( liquidated )upon payment of duty.

Page 18: Canadian Construction Association

Harmonized Tariff Coding System

The Harmonized System

Reading the Numbering Hierarchy

General Rules of Interpretation

Binding Rulings

Page 19: Canadian Construction Association

Harmonized Tariff System A numbering system currently used by over 145

countries that engage in International Trade for the purpose of counting imports, exports and applying duty rates

Individual rates of duty are politically and then legally driven, usually as a means of producing revenue, or to protect selected industries

The U.S. adopted the H.S. Coding System on Jan 1, 1989

Page 20: Canadian Construction Association

Numbering System

10 digit system 1 - 2 Chapter 3 - 4 Heading 5 - 6 Subheading 7 - 8 U.S. Rate line 9 - 10 U.S. Statistical Line

Page 21: Canadian Construction Association

General Rules of Interpretation

The GRI are the six governing principles to be applied in the classification process. They are part of the legal test of the HTS tariff and are intended to be consulted and applied each time merchandise is classified.

Page 22: Canadian Construction Association

Binding Rulings

Importers may request, in advance of import, a ruling decision from U.S. Customs regarding the dutiable status of the merchandise.

CROSS - Customs Ruling Online Search System

95,757 rulings to date

Page 23: Canadian Construction Association

Other Government Agencies Food & Drug Administration (FDA) Federal Communications Commission (FCC) Department of Transportation (DOT) Environmental Protection Agency (EPA) Alcohol Tobacco & Firearms (ATF) U.S. Fish & Wildlife Service (FWS) Department of Agriculture Department of Energy

Page 24: Canadian Construction Association

If you have further questions, please contact:

Matthew J. Parrott A.N. Deringer Inc.1010 Niagara StreetBuffalo, NY 14213Phone: 716-886-8101Fax: [email protected]

Thanks for your time!

If you have further questions, please contact:

Matthew J. Parrott A.N. Deringer Inc.1010 Niagara StreetBuffalo, NY 14213Phone: 716-886-8101Fax: [email protected]

Thanks for your time!