CB4u—Intro to U.S. Customs Brokerage, Part 4: Documentation and Admissibility; Product Compliance and Marking Requirements

Subscriber price: $222.00, Non-subscriber price: $295.00
Estimated total study time: 18 hours 37 minutes

This the fourth of the six-part series of introductory courses in the practical work of U.S. customs brokerage work groups, and should be taken after completion of the prior 3 courses for proper continuity:

CB1u—Intro to U.S. Customs Brokerage: Part 1, The Players, Functions and Business of a Customs Broker
CB2u—Intro to U.S. Customs Brokerage: Part 2, Customs Broker Transactions, Supervision and Work Flow
CB3u—Intro to U.S. Customs Brokerage, Part 3: Cargo Release Processing; Surety Bonds

This course begins with documents necessary for specific imports by country and by product. Next we address admissibility issues and product compliance. The course concludes with marking requirements for imported products.

Note: The actual processing of a customs entry is covered in Part 6 of this introductory course series.

Transaction Information Requirements

The requirements regarding the transaction will be explained in this lesson. This will include the need for a commercial invoice or pro-forma invoice and packing list. We will also touch on imports of personal effects, household goods, and tools of the trade.

(Estimated study time: 48 minutes)

Introduction
Commercial Invoice Requirements
Pro Forma Invoice
Owner's Inventory (Personal Effects, Household Goods, Tools of the Trade)
Packing List

Invoice Requirements for Imported Product Information

In this lesson, we discuss the information required for the commercial or proforma invoice about the imported product. This includes the description of goods and the special products that have additional descriptive requirements.

(Estimated study time: 42 minutes)

Introduction
Commercial or Pro-forma Invoice
Description of Goods in Detail Required
Certain Products Need Further Descriptive Information

Documents and Information Based on Disposition of Goods

The product description is not the only information required on the commercial or proforma invoice. The pertinent value and currency information, quantities in weights and measures, country of origin and any applicable customs rulings must also be shown on the invoice. Here we also cover document requirements based on disposition of goods.

(Estimated study time: 1 hour 20 minutes)

Introduction
Value and Currency of Imported Goods
Additional Information Needed
- Quantities in Weights and Measures
- Country of Origin
- Applicable Customs Rulings
Documents Based on Disposition of Goods
Documentation Required for Returned Product
- Documentation for Product Returned to the U.S. Valued at $2500 or less
  - Documentation for USGR Valued $250 or Less and Certain Aircraft and Aircraft Parts & Equipment
  - Documentation for Foreign and U.S. Goods Returned Valued $800 USD or less
  - Documentation for Foreign and U.S. Goods Returned Valued $801 - $2500 USD
- Documentation for USGR Valued over $2500 USD
  - Responsibility to Provide Documented Proof for USGR Claim
  - Foreign Shippers Declaration (FSD)
  - Consignee's or Owner's Declaration
  - Manufacturer's Affidavit
- Documentation for Certain USGR Valued at $10,000 or Less
- Other Documents Providing Sufficient Proof of Export
- Documentation Requirements for Certain Aircraft Returned to the U.S.
- Documentation Requirements of Re-imported Goods Under Department of State License
Special Documentation Required to Declare Articles Repaired, Altered or Processed
Special Documentation for U.S. Content Articles
Documentation for Temporary Importation Bond Imports

Transportation Documents Required for Entry

The requirements regarding the transportation documents will be explained in this lesson. This will include why a bill of lading is required, what information is needed, as well as different types of bills of lading and transportation bonds.

(Estimated study time: 56 minutes)

Introduction
What is the Transportation Document?
The Bill of Lading as Contract of Carriage
Original Bill of Lading Endorsements
MBL or MAWB Transportation Document
HBL or HAWB Transportation Document
Sub-House Bill of Lading (SBL) or Sub-House Air Waybill Transportation Document
In-Bond BOL Transportation Document

Common Country Specific Documentation and Information Requirements

There are many special programs specific to imports from certain countries. A freeform certificate of origin is currently applicable to many of the trade agreements. We will go over each of the 10 elements required for the certification and the agreements they pertain to.

(Estimated study time: 1 hour 3 minutes)

Introduction
- Importers Responsibility to Provide Proof of Applicability for Preferential Trade; Recordkeeping
- Documentation for Free Trade Agreements Other than Freeform
  - Israel Free Trade Agreement (ILFTA) Documentation Requirements
- Free Trade Agreements Requiring a Freeform Origin Certification
  - Data Elements on a Freeform Certificate of Origin
  - U.S.-Australia Free Trade Agreement Documentation Requirements
  - U.S.-Bahrain Free Trade Agreement Documentation Requirements
  - Central America-Dominican Republic Free Trade Agreement Documentation Requirements
  - U.S.-Chile Free Trade Agreement Documentation Requirements
  - U.S.-Colombia Trade Promotion Agreement Documentation Requirements
  - U.S.-Japan Trade Agreement Documentation Requirements
  - U.S.-Jordan Free Trade Area Documentation Requirements
  - U.S.-Korea Free Trade Agreement Documentation Requirements
  - U.S.-Morocco Free Trade Agreement (MFTA) Documentation Requirements
  - Oman Free Trade Agreement (UOFTA) Documentation Requirements
  - Panama Trade Promotion Agreement (PATPA) Documentation Requirements
  - Peru Trade Promotion Agreement (PTPA) Documentation Requirements
  - United States-Mexico-Canada Agreement (USMCA) Documentation Requirements
  - United States-Singapore Free Trade Agreement Documentation Requirements

Product Specific Information Requirements -- Fresh and Minimally-Processed Agricultural Products

The import of many products requires special documents and information in order to comply with regulations for government agencies other than CBP, although CBP may be required to enforce these regulations. We will start by reviewing the requirements for agricultural goods and minimally-processed products. This includes animals, birds, plants, or insects (dead or alive) and products or parts thereof.

(Estimated study time: 1 hour 31 minutes)

Introduction
Plants and Animals; Minimally Processed Products Requirements
Requirements for Animals, Birds, Fish, Products and Parts
- Animals, Birds, Products and Parts Thereof Required Documents
- Animals, Livestock, Products and Parts Thereof Requirements
- Bird or Poultry and Poultry Products Requirements
- Fish, Wildlife and Endangered Species Requirements
  - Fish and Seafood Requiring Additional Documentation and/or Inspection
    - Fish and Seafood requre FDA Prior Notice
    - Fish and Seafood are Regulated by NMFS
    - USDA Requirements for Fish and Seafood
  - Wildlife and Endangered Species Requiring Additional Documentation and/or Inspection
    - Game Animals for Food Need Prior Notice
    - Wildlife Licensing by FWS
    - Endangered Species of Wildlife
- Meat and Meat Products Document and Information Requirements
- Cheese, Milk, and Dairy Products Document and Information Requirements
Document and Information Required for Insects
Document and Information Required for Plant, Plant Products and Soil
- Plant and Plant Products Requirements
  - Plant and Plant Products that require Import Permits and Phytosanitary Certificates
  - Plants and Plant Products Regulated by the Convention on International Trade in Endangered Species (CITES)
  - The Lacey Act Amendment Generated by the 2008 Farm Bill
  - The Softwood Lumber Act of 2008
  - Fruits, Vegetables, and Nuts Requirements
- Seed Requirements
- Soil Requirements
- Wood Packing Materials Requirements

Product Specific Information Requirements -- Food, Drugs, Cosmetics and Medical Devices

Continuing our review of document and information requirements of imported products, we will cover the special requirements for food, drugs, cosmetics and medical devices. This will include reporting requirements, biological materials, vectors, drugs, and narcotics.

(Estimated study time: 1 hour 6 minutes)

Introduction
FDA Regulated Products
FDA Electronic Systems and Reporting Requirements
Narcotic Drugs, Derivatives and Drug Paraphernalia Requirements
Other Drugs for Human and Animal Consumption
Biological Materials and Vectors

Product Specific Information Requirements -- Food and Drug Bioterrorism Prior Notice; Electronic Devices

Continuing our review of document and information requirements of imported products, we will cover the special information needed for FDA Bioterrorism Prior Notice Reporting. We will also review the documentation necessary for radiation-producing products and radio frequency devices.

(Estimated study time: 47 minutes)

Introduction
FDA Bioterrorism Act Prior Notice of Arrival for U.S. Import
Radiation-Producing Products Requirements
General Information Regarding Radio Frequency Devices
Devices and Equipment Subject to FCC Regulations

Product Specific Information Requirements -- DOT and EPA Regulated Products

This lesson addresses the documents and information necessary for other U.S. Government agency processing that affects a variety of types of goods at the time of customs entry. Some of these products are regulated by more than one agency including APHIS, BATF, DDTC, DOE, DOT, EPA, FDA, NHTSA, NRC, USCG and the USDA.

(Estimated study time: 56 minutes)

Introduction
Motor Vehicles and Boats Requirements
- Automobiles, Vehicles and Vehicle Equipment Requirements
  - Automobiles, Vehicles and Vehicle – In General
  - Department of Transportation, National Highway Traffic Safety Administration Requirements
  - Environmental Protection Agency Requirements
- Boat Safety Standards Document and Information Requirements
Pesticides, Toxic, and Hazardous Substances Requirements
- Requirements for Pesticides
- Toxic Substances Requirements
- Dangerous Goods and Hazardous Substances Requirements

Product Specific Information Requirements -- BATF; Other Products and Regulations

In this lesson we will review some of the duty free provisions that are available for items such as antiques, artwork, prototypes, and civil aircraft. In order to take advantage of these provisions, documentation proving they qualify must be provided with the commercial invoice. We will also review the additional documentation that is required in order to make sure the item is properly classified and the correct duty is assessed for certain products like alcoholic beverages, textiles, and footwear.

(Estimated study time: 51 minutes)

Introduction
Alcoholic Beverages and Tobacco Requirements
Arms, Ammunition and Radioactive Materials Requirements
- Firearms, Ammunition and Parts
  - Radioactive Materials and Nuclear Reactors
Antiques, Artwork, Collectors Pieces, and Other Cultural Property
- Requirements for Antiques
- Requirements for Artwork
  - Artwork in General
  - Paintings, Drawings, Pastels, Collages and Similar Decorative Plaques
  - Engravings, Lithographs and Prints
  - Sculptures and Statues
- Artifacts/Cultural Property
Civil Aircraft Requirements
Gold, Silver, and Counterfeit Articles Requirements
Obscene or Immoral Items Requirements
Petroleum and Petroleum Products Requirements
Prototype Requirements
Textile Products and Footwear Requirements

Embargoes, Sanctions, Controls and Other Forms of Economic Protection

Admissibility issues are a concern. Some of these take the form of country based embargoes, sanctions and controls. They are administered by different agencies for political, economic, moral, or environmental reasons. In this lesson we review some of these controls. Antidumping duty and countervailing duty are trade remedies that protect our economy from the "dumping" of unfairly priced merchandise or "counter"ing government subsidies that generate low-priced imports. These will also be explained further in this lesson.

(Estimated study time: 1 hour 32 minutes)

Introduction
An Introduction to Embargoes, Sanctions and Controls
Introduction to Antidumping and Countervailing Duties
- Antidumping and Countervailing Duties Background
- Antidumping Duties Explained
- Countervailing Duties Explained
- Overview of Customs Broker Actions for AD/CVD
Foreign Assets Control Restrictions
CDC Embargos
- What is regulated by the Centers for Disease Control and Prevention?
- Restrictions on African Rodents and the Monkey Pox Virus
- Birds and Avian Influenza from Specified Countries
- Civets with Severe Acute Respiratory Syndrome (SARS)
Conservation and Safety Regulations
- Commercial and Industrial Equipment Regulations
- Consumer Safety, Protection and Information
  - Testing and Labeling for Toys and Childrens Products
  - Leaded Paint Requirements
  - Bicycles and Bicycle Helmet Requirements
  - Requirements for Fireworks
  - Flammable Fabric Requirements
  - Art Material Requirements
  - Cigarette Lighter Requirements
  - Other Products, Regulations and Standards
Intellectual Property
Products Subject to Import License, Permit or Certificate
- Products Needing Import Permits
- Products Needing an Import License
- Products Needing an Import Certificate (not including Certificates for Free Trade)
Products Subject to State Laws
Products Subject to Foreign Export Certificate, Permit, or License
- Foreign Export Certificate Required
- Foreign Export License Required
- Foreign Export Permit Required
- Foreign Export Permits for Softwood Lumber
Visa and Certificate of Eligibility Requirements

Quotas Administered by CBP as Additional Trade Remedies

Quotas are established by presidential proclamation, executive order or other legislation and offer a limited amount of merchandise in annually or at a reduced rate as opposed to the embargos and sanctions administered for political, economic, moral or environmental reasons.

(Estimated study time: 57 minutes)

Introduction
Key Factors in Determining Whether Quota Applies
Textile Articles Under Quota
Absolute Quota
- Absolute Quota Allows Only a Limited Number of Units During a Specific Period of Time
- Examples of Absolute Quota

Tariff Rate Quotas and Quotas Administered by Other Agencies

In this lesson we will go into further detail on those quotas allowing reductions in duties for limited quantities. Some quotas are administered by other agencies such as the Department of Agriculture, Department of Commerce, and the U.S. Department of the Interior. Also we will discuss requirements for exemption as goods for personal use and commercial samples.

(Estimated study time: 1 hour 30 minutes)

Introduction
Tariff Rate Quota
- Tariff Rate Quota Allows a Limited Number of Units at a Reduced Duty Rate During a Specific Period of Time
- Examples of Tariff Rate Quota by Classification
- Examples of Tariff Rate Quotas with the WTO Under GATT
- Examples of Tariff Rate Quota Tariff Preference Levels (TPL)
- Textile Articles Under Quota
Quotas Administered by Agencies Other than CBP
- Dairy Products
- Watches and Watch Movements
- Haiti Earned Import Allowance Program
Goods for Personal Use and Commercial Samples Exempt from Quota

Admissibility and Product Compliance Issues

Many products have energy performance and water conservation standards that are regulated by the DOE and the FTC. The Consumer Product Safety Commission establishes safety standards for many consumer items. We will cover some of these restrictions along with intellectual property rights and products that are covered by import and export licenses, permits and certificates.

(Estimated study time: 58 minutes)

Introduction
Customs Admissibility — Not to Be Assumed
Conservation and Safety Regulations
- Commercial and Industrial Equipment Regulations
- Consumer Safety, Protection and Information
  - Testing and Labeling for Toys and Childrens Products
  - Leaded Paint Requirements
  - Bicycles and Bicycle Helmet Requirements
  - Requirements for Fireworks
  - Flammable Fabric Requirements
  - Art Material Requirements
  - Cigarette Lighter Requirements
  - Other Products, Regulations and Standards
Intellectual Property
Products Subject to Import License, Permit or Certificate
- Products Needing Import Permits
- Products Needing an Import License
- Products Needing an Import Certificate (not including Certificates for Free Trade)
Products Subject to State Laws
Products Subject to Foreign Export Certificate, Permit, or License
- Foreign Export Certificate Required
- Foreign Export License Required
- Foreign Export Permit Required
- Foreign Export Permits for Softwood Lumber
Visa and Certificate of Eligibility Requirements

Rules of Origin and Product Marking Requirements

Rules of origin are needed in order to determine the country of origin of an article. Once the proper country of origin is determined, it must be marked on the product. Improper country of origin markings or removal of these markings after the fact is punishable by fines and/or imprisonment. There are some exceptions to the marking rules and some country of origin markings are required to be designed and applied in a certain way to be acceptable. We will touch on these requirements which can cause problems at the time of customs release.

(Estimated study time: 1 hour 14 minutes)

Introduction
Rules of Origin that Determine the Country of Origin
- Goods Produced in a Single Country
- Goods Produced in Multiple Countries
- Rules of Origin for Preferential and Non-preferential treatment
  - Rules of Origin for Non-Preferential Duty Rates
  - Preferential Rules of Origin
Marking the Country of Origin on the Product
Goods that are Not Required to be Marked

Special Marking Requirements and Handling Goods Not Legally Marked

Not only is the country of origin required, some products also require special marking and, in some cases , additional labeling before they can be imported. Here we will learn about some of these requirements and how to handle shipments that have been examined by CBP and determined "not legally marked".

(Estimated study time: 1 hour 42 minutes)

Introduction
Special Marking for Certain Articles
- Special Marking Exceptions for Souvenirs
- Articles from Different Countries Packaged Together
- Items Received as a Gift
- Container that Holds Merchandise
- Articles to be Repacked in the US.
- Special Marking Considerations for Point of Sale Packaging at Retail
- Marking of Watch and Clock Movements, Cases and Bands
- Marking for Hand Tools, Utensils, and Native American Articles
- Marking Vacuum Containers, Compressed Gas Cylinders and Parts
- Marking for Pipes and Pipe Fittings
- Marking for Manholes and Parts
Special Labeling Requirements
- Products that require special labeling
- Labeling Requirements for Textiles Fiber and Wool Products
- Labeling Requirements for Fur
- Marking and Labeling Requirements for Food and Drug-Regulated Products
- Goods "Made in USA" Have Special Labeling Requirements
  - The Federal Trade Commission Also Regulates Country of Origin Claims
  - No Marking Requirement for US Origin Goods (With Exceptions)
  - Factors to Consider for Products of Foreign Origin Made in USA. Claims
  - Labeling Suggestions to Alleviate Concerns
- American Automobile Labeling Act (AALA)
- Other Labeling Requirements
Handling Marking or Labeling Discrepancies
- Options for the Importer Upon Discovery of Marking Discrepancy
- Steps for Handling Goods Not Legally Marked (NLM)