DHL GLOBAL FORWARDING Import Customs Brokerage USA

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1 Trade Lane Management DHL GLOBAL FORWARDING Import Customs Brokerage USA Patrick Demler / Robert Marjai, Chicago December

2 OVERVIEW MODULES 1. USA Import brokerage / CBP and OGA (Other Government Agencies) 2. Importing into the United States / Entry process 3. The Harmonized Tariff Schedule of the United States (HTSUS) 4. Continuous & Single entry bonds 5. C-TPAT 6. Importer Security Filing - ISF (10+2) 7. Merchandise Processing fee 8. Harbor maintenance fee 9. To set up a company for customs clearance 10. EXW vs. DAP / INCOTERMS 11. DHL Global Forwarding centralized processing center 2

3 US Import brokerage / CBP and OGA (Other Government Agencies) U.S. Customs and Border Protection (CBP) Responsibilities: 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. Other Government Agencies (OGA): 1. United States Environmental Protection Agency (EPA), 2. Food and Drug Administration (FDA) 3. Fish and Wildlife Service (FWS) 4. Federal Communications Commission (FCC) 5. Department of Transportation (DOT) 3

4 Importing into the United States / Entry process Useful link: 1. Suggestions to the exporter for faster clearance of your merchandise 2. Entry of Goods (Entry Process) 3. Entry For Consumption 4. Entry Documents / Entry Summary Documentation 5. Transportation Of Merchandise In Bond 6. Power Of Attorney 7. Rates Of Duty / Free of Duty or Dutiable 8. ATA Carnet 4

5 The Harmonized Tariff Schedule of the United States (HTS_US) HTS US is the primary resource for determining tariff classifications for goods imported into the United States (and can also be used in place of Schedule B for classifying goods exported from the United States The Harmonized Tariff Schedule is based on the international Harmonized Commodity Coding and Classification System (Harmonized System), which has been established by the World Customs Organization. Virtually all countries base their tariff schedules on the Harmonized System, making it easier to conduct international trade. The U.S. Harmonized Tariff Schedule, like Harmonized System tariff schedules generally, classifies a good (assigns it a ten-digit tariff classification number) based on such things as its name, use, and/or the material used in its construction. The tariff schedule is divided into Chapters 1 through 99 plus numerous additional sections such as various appendices and indexes. There are over 17,000 unique tendigit HTS classification code numbers. Chapters are divided into a varying number of headings, and headings are divided into a varying number of subheadings. 5

6 Continuous & Single entry bonds Continuous bond is $50, minimum amount. Fees determined on amount of the bond and must be paid annually. A continuous bond allows the importer to file remote location entries within the border of the U.S., file ISF without an additional single transaction bond and cost, and, depending on the product, could receive paperless released from US CBP. It is cost efficient since a fee does not apply on each import as with a single entry bond. Single Entry Bond (SEB) or Single Transaction Bond (STB) can only be used on a single transaction. The amount of the SEB is determined by the value and duties of the shipment. If OGA is required, the SEB is 3 times the value of the shpt. Avalon requires approval on all SEB bond amounts over $300, If the importer is not bringing a regular flow of traffic, a SEB can be the most cost efficient. 6

7 C-TPAT (Customs-Trade Partnership Against Terrorism) Overview: C-TPAT is a voluntary government-business initiative to build cooperative relationships that strengthen and improve overall international supply chain and U.S. border security. C-TPAT recognizes that U.S. Customs and Border Protection (CBP) can provide the highest level of cargo security only through close cooperation with the ultimate owners of the international supply chain such as importers, carriers, consolidators, licensed customs brokers, and manufacturers. Potential Benefits for Importers: 1. to reduce the disruptions to the supply chain 2. to reduce CBP inspection rate 3. to reduce the lead time 4. to improve the ability to monitor and track orders within the supply chain Tangible Benefits for Importers Their participation in C-TPAT: 1. has decreased their number of U.S. Customs and Border Protection (CBP) inspections 2. has increased their supply chain visibility 3. has increased their ability to predict lead time 4. has also increased importers ability to track orders 5. has decreased the disruptions in their supply chain Source: 7

8 Importer Security Filing (ISF) The Security Filing, commonly known as the 10+2 initiative, is a Customs and Border Protection (CBP) regulation that requires importers and vessel operating carriers to provide additional advance trade data to CBP for non-bulk cargo shipments arriving into the United States by vessel. Bulk and Break Bulk Cargo: An Importer Security Filing is not required for bulk cargo. For break bulk cargo that is exempt from the 24 hour prior to lading timing requirement for 24 Hour Rule purposes, the Importer Security Filing is required 24 hours prior to arrival. Enforcement of the rule: $5,000 per violation for the submission of an inaccurate, incomplete or untimely filing. CBP may also withhold the release or transfer of the cargo until CBP receives the required information and has had the opportunity to review the documentation and conduct any necessary examination. Responsibility for filing ISF: The ISF Importer is the party causing the goods to arrive within the limits of a port in the United States by vessel. More Information: 8

9 Importer Security Filing (ISF) ISF-10 U.S.-bound Cargo What Must Be Filed? 1. Seller 2. Buyer 3. Importer of record number / FTZ applicant identification number 4. Consignee number(s) 5. Manufacturer (or supplier) 6. Ship to party 7. Country of origin 8. Commodity Harmonized Tariff Schedule of the United States (HTSUS) number 9. Container stuffing location 10. Consolidator name and address 11. Vessel Stow Plan 12. Container Status Massage Data # 9 and #10 data elements must be submitted as early as possible, but no later than 24 hours prior to the ship s arrival at a U.S. port. #11 data element has to be submitted any time prior to arrival for voyages les than 48 Hrs #12 data element has to be submitted within 24 Hrs of creation receipt 9

10 Merchandise Processing Fee Merchandise Processing Fee: To process merchandise entering into the U.S. and ensure compliance with customs laws and trade rules. Invoiced through the customs broker. Merchandise Processing fee increase: (10/26/2011) Recent trade legislation, H.R. 2832, was signed into law on October 21, 2011, changing the merchandise processing fee (MPF) rate for formal entries from 0.21% (.0021) to % ( ), effective October 1, The minimum and maximum fees, $25 and $485 respectively, did not change. CBP is currently in the process of modifying our automated systems to accept the new MPF rate of %. We do not have an estimated completion date at this time; however, we will notify the trade as soon as possible via the Cargo Systems Messaging Service, when filers may begin transmitting entry summary information with the new MPF rate. For entries filed on or after October 1, 2011, until the CBP system changes take effect with the % rate, CBP will bill the importer for the increase in MPF. CBP will disregard differences of less than $20. 10

11 Harbor Maintenance Fee (HMF) 1. It has been in effect since April of It will be used for improvements to and maintenance of ports and harbors. 3. Generally it applies to imported waterborne commercial cargo. 4. HMF is calculated at percent of the entered value of the imported cargo. 5. The party shown as the Importer of Record is liable for paying the HMF. 6. It is paid when the entry summary is filed. 7. HMF is not assessed on exports from the United States. 8. The fee is collected on all formal entries (incl. Warehouse etc.). If the HMF is less than $3 and no other duties, taxes or fees are due, the HMF is waived. 11

12 To set up a company for customs clearance 1. Signed Power of Attorney (POA) 2. Credit line request / cash on delivery 3. HTS codes per different products 4. Shipping order / Shippers Letter of Instructions 5. Signed and approved Standard Operating Procedures (SOP) 12

13 EXW vs. DDP / INCOTERMS EXW (Ex Works) The buyer bears all costs and risks involved in taking the goods from the seller's premises to the desired destination. The seller's obligation is to make the goods available at his premises (works, factory, warehouse). This term represents minimum obligation for the seller. This term can be used across all modes of transport. DDP (Delivered Duty Paid) The seller is responsible for delivering the goods to the named place in the country of importation, including all costs and risks in bringing the goods to import destination. This includes duties, taxes and customs formalities. This term may be used irrespective of the mode of transport. 13

14 US BASED TLM TEAM Eastern Europe Marco Vezjak Southeast Region DHL GLOBAL FORWARDING 4925 Sirona Drive Charlotte NC Phone : Mobile : marco.vezjak@dhl.com Tony Panzino Northeast Region DHL GLOBAL FORWARDING 33 Washington Street Newark, NJ USA Direct Phone: Mobile: E Fax: tony.panzino@dhl.com Robert Marjai - Team Leader West, Gulf, Midwest and Central Region DHL GLOBAL FORWARDING A Seymour Avenue Franklin Park IL USA Phone Direct : Cell Phone: Fax: Robert.marjai@dhl.com Mariusz Krupinski Poland US Southeast and East Regions DHL GLOBAL FORWARDING 33 Washington Street, 16th Floor Newark, NJ USA tel mob fax Mariusz.Krupinski@dhl.com 24

15 EXECUTIVE SPONSOR Eastern European TRADE LANES Darya Polkovnikova Trade Lane Manager Russia DHL Global Forwarding JFK International Airport Direct Mobile

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