国际海关政策动态




01

WTO担忧俄乌局势的贸易影响

3月2日,世界贸易组织(WTO)总干事伊维拉就俄乌局势发表声明:担心这场冲突产生的贸易影响,特别是农产品和食品贸易以及能源价格上涨及其对相关人口的影响。

3月2日,乌克兰对俄实施全面经济禁运,并不再对俄适用WTO各项协定。3月3日,加拿大成为第一个撤销对俄最惠国待遇(MFN)国家地位的国家,并将对俄罗斯产品征收35%的关税。3月5日,欧盟委员会宣布将考虑撤销俄MFN待遇。3月9日,美国国会通过了禁止俄罗斯能源进口以及推动暂停俄在WTO会员资格的提案。3月11日,拜登宣布美国及其盟友将取消俄罗斯的最惠国待遇。

另外,世界海关组织(WCO)于3月9日发表声明,就俄乌危机对海关作为边境作业机构造成的严重影响表示严重关切,希望基于国际合作、团结和外交努力的精神早日和平解决。

详情链接 01 02 03 04 05





02

科摩罗、危地马拉加入《京都公约》

科摩罗和危地马拉分别于3月9日和10日WCO《经修订的京都公约》(RKC)管理委员会会议期间向WCO递交本国加入RKC文书,成为RKC第130和第131个缔约方。

RKC是全球21世纪海关程序的蓝图和主要贸易便利化工具,包含海关手续的简化、可预见性和透明度,采用风险管理等有效监管技术,支持与私企建立强劲伙伴关系和方便的诉讼程序等要素。

详情链接 01 02



03

东非贸易便利化和边境监管项目成功完成

据WCO2022年3月7日消息,在WCO的全力支持和合作下,东非贸易便利化和边境监管项目成功完成。

2022 年 2 月 25 日,在卢旺达海关主持下,布隆迪、肯尼亚、卢旺达、坦桑尼亚和乌干达五国海关参加了第六次“东非贸易便利化和边境管制能力建设项目(TF&CB Project)区域联合协调委员会(RJCC)会议",确认TF&CB项目中一站式边境检查站(OSBPs)部分的成果。该项目于 2007 年启动,在WCO和日本国际协力机构(JICA)以及日本海关的共同支持下,由上述五国海关实施。为提高边境程序的效率和加强边境管制,五国海关在该项目下持续开展合作,内容包括OSBPs运作、三个领域的海关能力建设(风险管理、后续稽查、“全球之盾")项目。

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04

菲律宾海关筹备全面推行东盟报关单电子交换

菲律宾海关署(BOC)于2022年3月3日主持了东盟海关报关单(ACDD)的磋商和简报会。ACDD是一种电子文件,有助于东盟单一窗口(ASW)之间提交出口申报信息,提升风险管理质量,减少货物的清关时间。菲律宾使用ASW系统成功参与了ACDD的现场运行,自2022年1月21日起已实现与柬埔寨、马来西亚、缅甸、新加坡和泰国等国的ACDD使用。

推进贸易便利化及优化管理一直是菲律宾海关致力于实现区域内全面经贸可见性和跨境合作目标的重要组成部分。菲律宾海关希望全面实施ACDD的电子交换,与利益相关方继续进行磋商,并于2022年4月正式启用ACDD门户网站。

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05

芬兰海关纪念国际贸易统计130周年

1891年10月,芬兰大公国参议院决定成立海关统计办公室,该办公室于1892年初开始运作,任务是计算和发布进出口统计数据,从此开启芬兰的国际贸易海关统计。如今,海关统计局是监测芬兰经济形势的一部分,海关统计局提供的数据成为其他一些统计数据以及经济预测的基础。

芬兰与非欧盟国家的贸易统计数据从清关系统获得,与欧盟成员国之间的数据通过被称为“内部统计系统"的单独程序收集。欧盟内部和外部贸易的统计数据分别作为单一的国际贸易统计数据发布。

芬兰海关在芬兰欧盟统计数据总量中所占份额为43%,是芬兰的第二大统计机构。在关于物流的统计数字中,运输统计、过境运输和边境运输的详细情况每月在Uljas统计数据库中公布。除统计数字外,海关统计局还进行不同的调查,例如关于复出口的年度调查以及按国家类别对最大贸易伙伴国进行的国际贸易调查。

为纪念海关统计周年纪念日,芬兰将在今年晚些时候举办庆祝活动。

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国际组织贸易便利化协定(TFA)动态




01

TFA签订最新进展

TFA核准成员数为154,占比率为93.9%,全部WTO成员执行TFA承诺比率为74.4%(自2022年3月1日起无变化)。2月28日,印度通告WTO其比预定期限提前实施了TFA B类措施。

来自 Trade Facilitation Agreement Database

详情链接

图片





02

第二届拉丁美洲贸易便利化委员会论坛闭幕

2022年2月1-4日,WTO及WCO与拉丁美洲一体化协会共同举办了第二届拉丁美洲贸易便利化委员会论坛。论坛上巴西、美国、智利等国作了经验分享,包括贸易便利化委员会 发挥的作用、边境机构合作的最佳做法等。

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03

全球贸易便利化联盟在约旦启动边境程序数字化项目

全球贸易便利化联盟正在支持约旦政府用电子植物检疫证书(ePhytos)取代纸张程序。ePhytos是国际植物保护公约(IPPC)的一项倡议。据估计,ePhytos可以使约旦的出口清关时间缩短12小时,进口清关时间缩短6小时。该项目将实现关键的边 境流程数字化。近年来,联盟已经在多国开展ePhytos项目,积累了丰富的经验。

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04

英国和新西兰签署全面贸易协议

2022年2月28日,英国与新西兰签署了自由贸易协定。该协定于2020年6月17日启动,两国必须完成各自的国内程序才能使协议生效。一旦获得两国会议的批准,企业就能够根据条款开展贸易。

根据新协议,英国将对新西兰的所有出口取消关税。英国与新西兰的贸易预计将增长近60%。这也是英国有史以来最环保的协议之一,确认了对《巴黎协议》和净零排放的承诺。它将放宽对迄今为止自由贸易协定中最长环境商品清单的关税限制,并鼓励低碳服务和技术的贸易和投资。

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05

新加坡与英国签署数字贸易协议

2022年2月25日,新加坡和英国签署了《英国-新加坡数字经济协议》(UKSDEA)【点击查看详情】,该协议为欧洲国家签署的第一个以数字为重点的贸易协议。

UKSDEA旨在通过电子支付、电子发票和电子签名维护安全数字环境的通用数字系统来推进端到端数字贸易,并鼓励中小企业参与数字经济。其中第四部分“数字贸易系统"为采用电子传输记录(如运单eBL) 打开道路。目前一个跨境交易通常涉及10-20份上百页纸质单证,全球集装箱运输每年产生285亿份纸质单证,电子传输记录将大大降低贸易成本。为此,协议要求双方保持符合国际规则的电子交易框架,电子记录传输的法律框架须符合联合国国际贸易法委员会国际商事仲裁示范法》(UNCITRAL Model Law)。

此外,该协议还为英国与新加坡一起加入《全面与进步跨太平洋伙伴关系协定》(CPTPP)提供了门户。

详情链接 01 02



报告评论及摘要




01

《菲律宾跨境无纸化贸易准备情况评估报告》

联合国亚太经社会(ESCAP)发布的该项报告评估了菲律宾跨境无纸化贸易的技术和法律准备情况,并提出了相关建议。

近年来菲律宾采取一系列措施促进贸易便利化并取得了重大进展。菲律宾已经建立单一窗口和贸易网平台,但是无纸化贸易和跨境贸易无纸化仍有改进空间(如仅有部分机构纳入无纸化贸易)。

报告建议:继续开发与贸易有关的电子系统及IT项目,更新单一窗口以适应所有贸易相关文件,维护政府门户网站,实施电子许可证项目,实施《2022年电子政府总体规划》,经常性的开展系统评估,根据现有国际标准进行数据协调以及全面实施AEO项目等。

报告指出,在法律层面,菲律宾已于2000年订立了《电子商务法》作为无纸化交易的法律基础,但是一些术语定义上与贸易法委员会有所区别,例如电子数据报文不包括传真数据。菲律宾全面实施无纸化贸易仍存在一些法律障碍,其中之一是涉及电子公证制度和处理规则的缺失(如电子签名的认证上还存在争议)。报告建议立法修正《电子商务法》,加入国际通信公约,制定与单一窗口相关的法规明确相关权利和义务。

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他山之石




01

美国海关鼓励守法合规制度之“合理注意"

美国海关1993年《海关现代化法》(Customs Modernization Act)引进“合理注意"(reasonable care)、“知法守法"(informed compliance)、“责任共担"(shared responsibility)等观念,强调海关通过各种方式及时向公众公开其执法依据和裁决,同时,也将更多的守法责任赋予进口商。

    美国海关要求进口商做到“合理注意"并提供必要信息,以使海关确定:是否放行进口商品;商品价格、税率以收集准确的统计数据;进口商是否有其它的法定义务等。如果进口商没有做到“合理注意",则将拖延其货物放行,还有可能导致罚金甚至刑事责任;反之则会因主动合规而得到宽待,不会因处理海关业务时所犯的错误而被征收罚金。

美国海关的《合理注意指南》按主题分为归类、估价、原产地、配额、知识产权、强迫劳动等项,每个主题下列出问题清单,了解这些问题并进行了准确的信息披露才表明进口商尽到了“合理注意"的义务。

以税则归类为例,问题清单为:

-基本问题:您是否知道或者已经建立了可靠的程序来得知你所购买的商品是什么?在何地制作?由什么制作?以及如何制作?

-其他问题:

1. 您是否知道或者已经建立了可靠的程序以确保可以提供商品的完整和准确描述?

2. 您是否依据《美国法典》第十九卷第1484节以及1401a节的要求向美国海关提供了(或者设立了可靠的程序以提供)正确的商品归类?

3. 您是否得到了一份有关进口商品的海关“裁定"(参见《联邦法规汇编》第十九卷第177节),如果已经取得了这样的一份裁定,是否设定了可靠的程序以确保执行该项裁定并通告美国海关有关执行程序?

4. 如果无法立即获得商品描述或税则归类的信息,您是否建立了可靠的获取和提供这些信息的程序?是否遵循该程序?

5. 您是否查询了美国关税协调方案、案例、归类裁决系统,以协助描述商品和进行归类?

6. 您是否向海关“专家"(如律师、会计师、海关经纪人、海关顾问)寻求帮助以对商品进行归类?

7. 您是否在为进口商品主张有条件的免税或者优惠的关税归类(如普惠制、《北美自由贸易协定》等)时建立了可靠的制度来确保取得必要的文件?例如:如果提出适用《北美自由贸易协定》优惠,是否已经拥有所需的原产地信息文件?

8. 您所进口的商品是否可以采用实验室分析或其他专门程序以正确进行商品描述和税则归类?

9. 您是否设立了可靠的程序来制作所要求的进口文件以及提供辅助信息?

详情链接


相关附件

附件内容预览
Reasonable Care An Informed Compliance Publication September 2017 NOTICE: This publication is intended to provide guidance and information to the trade community. It reflects the position on or interpretation of the applicable laws or regulations by U.S. Customs and Border Protection (CBP) as of the date of publication, which is shown on the front cover. It does not in any way replace or supersede those laws or regulations. Only the latest official version of the laws or regulations is authoritative. Publication History First Published January 1998 Revised February 2004 Revised September 2017 PRINTING NOTE: This publication was designed for electronic distribution via the CBP website (https://www.cbp.gov) and is being distributed in a variety of formats. It was originally set up in Microsoft Word97®. Pagination and margins in downloaded versions may vary depending upon which word processor or printer you use. If you wish to maintain the original settings, you may wish to download the .pdf version, which can then be printed using the freely available Adobe Acrobat Reader®. U.S. Customs & Border Protection 2 PREFACE On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act, became effective. These provisions amended many sections of the Tariff Act of 1930 and related laws. Two new concepts that emerged from the Mod Act are “informed compliance” and “shared responsibility,” which are premised on the idea that in order to maximize voluntary compliance with laws and regulations of CBP, the trade community needs to be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a greater obligation on CBP to provide the public with improved information concerning the trade community's rights and responsibilities under CBP regulations and related laws. In addition, both the trade and CBP share responsibility for carrying out these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C. § 1484), the importer of record is responsible for using reasonable care to enter, classify and determine the value of imported merchandise and to provide any other information necessary to enable CBP to properly assess duties, collect accurate statistics, and determine whether other applicable legal requirements, if any, have been met. CBP is then responsible for fixing the final classification and value of the merchandise. An importer of record’s failure to exercise reasonable care could delay release of the merchandise and, in some cases, could result in the imposition of penalties or, in certain instances, referral for criminal enforcement. The Office of Trade, Regulations and Rulings (RR) has been given a major role in meeting the informed compliance responsibilities of CBP. In order to provide information to the public, CBP has issued a series of informed compliance publications, on new or revised requirements, regulations or procedures, and a variety of classification and valuation issues. This publication, prepared by the Border Security and Trade Compliance Division, RR, is entitled Reasonable Care. It provides guidance on the use of reasonable care in entering merchandise. It is part of a series of informed compliance publications advising the public of CBP regulations and procedures. We sincerely hope that this material, together with seminars and increased access to rulings of CBP, will help the trade community to improve voluntary compliance with customs laws and to understand the relevant administrative processes. The material in this publication is provided for general information purposes only. Because many complicated factors can be involved in customs issues, an importer may wish to obtain a ruling under the CBP Regulations, 19 C.F.R. Part 177, or to obtain advice from an expert who specializes in customs matters, for example, a licensed customs broker, attorney or a customs consultant. U.S. Customs & Border Protection 3 Comments and suggestions are welcomed and should be addressed to the Executive Director, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, D.C. 20229-1177. Alice A. Kipel Executive Director, Regulations and Rulings Office of Trade U.S. Customs & Border Protection 4 INTRODUCTION ........................................................................................ 7 GENERAL QUESTIONS FOR ALL TRANSACTIONS: .............................. 8 QUESTIONS ARRANGED BY TOPIC: ...................................................... 8 Merchandise Description & Tariff Classification ........................................................... 8 Valuation .................................................................................................................... 10 Country of Origin/Marking/Quota ................................................................................ 11 Intellectual Property Rights ........................................................................................ 13 Forced Labor…………………………………………………………………………………14 Miscellaneous Questions ........................................................................................... 15 ADDITIONAL INFORMATION .................................................................. 17 The Internet ................................................................................................................ 17 CBP Regulations ........................................................................................................ 17 Customs Bulletin ........................................................................................................ 17 Importing Into the United States ................................................................................. 18 Informed Compliance Publications ............................................................................. 18 Value Publications ...................................................................................................... 18 “Your Comments are Important” ................................................................................. 19 U.S. Customs & Border Protection 5 (This page intentionally left blank) U.S. Customs & Border Protection 6 REASONABLE CARE INTRODUCTION One of the most significant effects of the Mod Act is the establishment of the clear requirement that parties exercise reasonable care in importing into the United States. Section 484 of the Tariff Act, as amended, requires an importer of record to use reasonable care to make entry by filing such information as is necessary to enable CBP to determine whether the merchandise may be released from CBP custody, and using reasonable care, complete the entry by submitting with CBP the declared value, classification and rate of duty and such other documentation or information as is necessary to enable CBP to properly assess duties, collect accurate statistics, and determine whether any other applicable requirement of law is met. CBP notes that requirements related to information and documents apply to electronic records, as well as to hard copy records. Despite the seemingly simple connotation of the term reasonable care, this explicit responsibility defies easy explanation. The facts and circumstances surrounding every import transaction differ—from the experience of the importer to the nature of the imported articles. Consequently, neither CBP nor the importing community can develop a foolproof reasonable care checklist which would cover every import transaction. On the other hand, in keeping with the Mod Act’s theme of informed compliance, CBP would like to take this opportunity to recommend that the importing community examine the list of questions below. In CBP’s view, the list of questions may prompt or suggest a program, framework or methodology which importers may find useful in avoiding compliance problems and meeting reasonable care responsibilities. Obviously, the questions below cannot be exhaustive or encyclopedic—ordinarily, every import transaction is different. For the same reason, it cannot be overemphasized that, although the following information is provided to promote enhanced compliance with the customs laws and regulations, it has no legal, binding or precedential effect on CBP or the importing community. Rather, it is an attempt to educate, inform and provide guidance to the importing community. Consequently, CBP believes that the following information may be helpful to the importing community and hopes that this document will facilitate and encourage importers to develop their own unique compliance measurement plans, reliable procedures and reasonable care programs. As a final reminder, it should be noted that to further assist the importing community, CBP issues rulings and informed compliance publications on a variety of technical subjects and processes. It is strongly recommended that importers always make sure that they are using the latest versions of these publications. U.S. Customs & Border Protection 7 ASKING AND ANSWERING THE FOLLOWING QUESTIONS MAY BE HELPFUL IN ASSISTING IMPORTERS IN THE EXERCISE OF REASONABLE CARE: GENERAL QUESTIONS FOR ALL TRANSACTIONS: 1. Do you have access to the CBP Regulations (Title 19 of the Code of Federal Regulations), the Harmonized Tariff Schedule of the United States (HTS), and the U.S. Government Printing Office (GPO) publication Customs Bulletin and Decisions? Do you have access to the CBP website, Customs Rulings Online Search Service (CROSS), or other research service to permit you to establish reliable procedures and facilitate compliance with customs laws and regulations? 2. Has a responsible and knowledgeable individual within your organization reviewed the customs documentation prepared by you or your expert to ensure that it is full, complete and accurate? If that documentation was prepared outside your own organization, do you have a reliable system in place to ensure that you receive copies of the information as submitted to CBP; that it is reviewed for accuracy; and that CBP is timely apprised of any needed corrections? 3. If you use an expert to assist you in complying with customs requirements, have you discussed your importations in advance with that person and have you provided that person with full, complete and accurate information about the import transactions? Do you follow the advice received from your expert and keep a written record of that advice? 4. Do you have a customs compliance program and procedures in place to ensure that your entries are submitted correctly? Are they accessible to all employees who are involved in the importation process? 5. Are identical transactions or merchandise handled differently at different ports or within the same Center of Excellence and Expertise? If so, have you brought this to the attention of the appropriate CBP officials? QUESTIONS ARRANGED BY TOPIC: Merchandise Description & Tariff Classification Basic Question: Do you know or have you established a reliable procedure or program to ensure that you know what you ordered, where it was made, how it was made and what it is made of? 1. Have you provided or established reliable procedures to ensure you provide a complete and accurate description of your merchandise to CBP in accordance with 19 U.S. Customs & Border Protection 8 U.S.C. § 1481? (Also, see 19 C.F.R. § 141.87 and 19 C.F.R. § 141.89 for special merchandise description requirements.) 2. Have you provided or established reliable procedures to ensure you provide a correct tariff classification of your merchandise to CBP in accordance with 19 U.S.C. § 1484? Information regarding tariff classification can be found in the CBP Informed Compliance Publication: "What Every Member of the Trade Community Should Know About: Tariff Classification". 3. Have you obtained a "ruling" from CBP regarding the description of the merchandise or its tariff classification (see 19 C.F.R. Part 177), and if so, have you established reliable procedures to ensure that you have followed the ruling and brought it to CBP’s attention? Ruling requests may be submitted electronically by accessing the eRulings template. However, if you cannot meet the requirements for submitting an electronic ruling request, you can still submit a request for a binding ruling by mail to: Director, National Commodity Specialist Division U.S. Customs and Border Protection Attn: CIE/Ruling Request 201 Varick Street, Suite 501 New York, NY 10014 4. Where merchandise description or tariff classification information is not immediately available, have you established a reliable procedure for obtaining and providing that information, and is the procedure being followed? 5. Have you consulted the HTS, CBP's informed compliance publications, court cases and/or CBP’s rulings on CROSS to assist you in describing and classifying the merchandise? 6. Have you consulted with a customs "expert" (e.g., an attorney, licensed customs broker, or a customs consultant) to assist in the description and/or classification of the merchandise? 7. If you are claiming a conditionally free or special tariff classification/provision for your merchandise (e.g., Generalized System of Preferences (GSP), North American Free Trade Agreement (NAFTA), heading 9802, etc.), how have you verified that the merchandise qualifies for such status? Have you obtained or developed reliable procedures to obtain any required or necessary documentation to support the claim? For example, if making a NAFTA preference claim, do you already have the required origin information in your possession? 8. Is the nature of your merchandise such that a laboratory analysis or other specialized procedure is suggested to assist in proper description and classification? U.S. Customs & Border Protection 9 9. Have you developed a reliable program or procedure to maintain and produce any required customs entry documentation and supporting information? Valuation Basic Questions: Do you know or have you established reliable procedures to know the price actually paid or payable for your merchandise? Do you know the terms of sale (i.e., Incoterms® such as Ex Works (EXW), Free on Board (FOB), or Cost Insurance and Freight (CIF); whether there will be rebates, tie-ins, indirect costs, additional payments; whether assists were provided, commissions or royalties paid? Are amounts actual or estimated? Are you and the seller related parties? 1. Have you provided or established reliable procedures to provide CBP with a proper declared value for your merchandise in accordance with 19 U.S.C. § 1484 and 19 U.S.C. § 1401a? 2. Have you obtained a "ruling" from CBP regarding the valuation of the merchandise (see 19 C.F.R. Part 177), and if so, have you established reliable procedures to ensure that you have followed the ruling and brought it to CBP’s attention? Valuation ruling requests should be mailed to: U.S. Customs and Border Protection Office of Trade Regulations and Rulings Valuation and Special Programs Branch 90 K Street, NE, 10th Floor Washington, DC 20229-1177 3. Have you consulted the CBP valuation laws and regulations, Customs Valuation Encyclopedia, CBP's informed compliance publications, court cases and CBP’s rulings on CROSS to assist you in valuing merchandise? 4. Have you consulted with a customs "expert" (e.g., attorney, licensed customs broker, customs consultant) to assist in the valuation of the merchandise? 5. Do you have a complete set of documents from the import transaction ready for CBP review, including purchase orders, invoices, sales agreements, shipping documents, and proof of payment? 6. If you purchased the merchandise from a "related" seller, have you established procedures to ensure that you have reported that fact upon entry and taken measures or established reliable procedures to ensure that value reported to CBP meets one of the "related party" tests? See 19 U.S.C. § 1401a(b)(2)(B); 19 C.F.R § 152.103(l). U.S. Customs & Border Protection 10 7. If there is no bona fide sale for exportation to the United States between the buyer and the seller, have you considered the other valuation methods in the order specified in 19 U.S.C. § 1401a(a)? 8. If deductive value is used as the method of appraisement of the imported merchandise, do you have information concerning the subsequent sales in the United States of the merchandise being appraised, identical or similar merchandise, as well as the enumerated deductions under 19 U.S.C. § 1401a(d)? 9. If computed value is used as the method of appraisement of the imported merchandise, do you have information concerning the various elements of this method of appraisement under 19 U.S.C. § 1401a(e) including the material and processing costs incurred in the production of the merchandise, profit and general expenses, the value of any assists, and packing costs? 10. Have you taken measures or established reliable procedures to ensure that all of the legally required costs or payments associated with the imported merchandise have been reported to CBP (e.g., assists, all commissions, indirect payments or rebates, royalties, proceeds, etc.)? 11. If you are declaring a value based on a transaction in which you were/are not the buyer, have you substantiated that the transaction is a bona fide sale at arm’s length and that the merchandise was clearly destined to the United States at the time of sale? 12. If you are claiming a conditionally free or special tariff classification/provision for your merchandise (e.g., GSP, heading 9802, NAFTA, etc.), have you established a reliable system or program to ensure that you reported the required value information and obtained any required or necessary documentation to support the claim? 13. Have you established a reliable program or procedure to produce any required entry documentation and supporting information? Country of Origin/Marking/Quota Basic Question: Have you taken reliable measures to ascertain the correct country of origin for the imported merchandise? 1. Have you established reliable procedures to ensure that you report the correct country of origin on customs entry documents? The country of origin reporting regulations include, but are not limited to, 19 C.F.R. Part 134, Subparts B and E. Additional information regarding country of origin marking requirements may be found in the CBP Publication, “What Every Member of the Trade Community Needs to Know About: U.S. Rules of Origin – Preferential and Non-Preferential Rules of Origin”. 2. Have you established reliable procedures to verify or ensure that the merchandise is properly marked upon entry with the correct country of origin (if required) in accordance U.S. Customs & Border Protection 11 with 19 U.S.C. § 1304 and any other applicable special marking requirement (watches, gold, textile labeling, etc.)? Information regarding special marking requirements may be found in CBP's informed compliance publications. 3. Have you obtained a "ruling" from CBP regarding the proper marking and country of origin of the merchandise (see 19 C.F.R. Part 177), and if so, have you established reliable procedures to ensure that you followed the ruling and brought it to CBP’s attention? Ruling requests may be submitted electronically by accessing the eRulings template. However, if you cannot meet the requirements for submitting an electronic ruling request, you can still submit a request for a binding ruling by mail to: Director, National Commodity Specialist Division U.S. Customs and Border Protection Attn: CIE/Ruling Request 201 Varick Street, Suite 501 New York, NY 10014 4. Have you consulted with a customs "expert" (e.g., an attorney, licensed customs broker, or a customs consultant) regarding the correct country of origin/proper marking of your merchandise? 5. Have you taken reliable and adequate measures to communicate customs country of origin marking requirements to your foreign supplier prior to importation of your merchandise? 6. If you are claiming a change in the origin of the merchandise or claiming that the goods are of U.S. origin, have you taken required measures to substantiate your claim (e.g., do you have U.S. milling certificates or manufacturer's affidavits attesting to the production in the United States)? 7. If you are importing textiles or apparel, have you developed reliable procedures to ensure that you have ascertained the correct country of origin in accordance with 19 U.S.C. § 3592 (Section 334, Pub. Law 103-465) and assured yourself that no illegal transshipment or false or fraudulent practices were involved? 8. Do you know how your goods are made, from raw materials to finished goods, by whom and where? 9. Have you checked the CBP Quota Enforcement and Administration website, as well as its link to the CBP publication: “Are my goods subject to Quota?”. 10. Have you established reliable procedures to check Commodity Status Reports and Tariff Preference Levels and/or the quota bulletins issued by CBP to determine if your goods are subject to a quantitative restriction (either a tariff rate quota or a tariff preference level) and whether the limit has been filled? U.S. Customs & Border Protection 12 11. Have you taken reliable measures to ensure whether your goods are subject to visa(s) and/or licenses, permits or certificates (LPCs)? If so, have you obtained the appropriate visa(s) and/or LPCs? See https://www.cbp.gov/trade/ace/features/quota- ace. 12. In the case of textile articles, have you prepared or developed a reliable program to accurately construct the Manufacturer’s Identification (MID) codes for all shipments of textile and textile products listed in 19 C.F.R. § 102.21(b)(5)? 13. Have you established a reliable document maintenance program or procedure to ensure you can produce any required entry documentation and supporting information, including any required certificates of origin or certifications? Intellectual Property Rights Basic Question: Have you determined or established a reliable procedure to permit you to determine whether your merchandise or its packaging bears or uses any trademarks or copyrighted matter or is patented and, if so, that you have a legal right to import those items into, and/or use those items in, the United States? 1. If you are importing goods or packaging bearing a trademark registered in the United States, have you checked or established a reliable procedure to ensure that it is genuine and not restricted from importation under the gray-market or parallel import requirements of U.S. law (see 19 C.F.R. § 133.21), or that you have permission from the trademark holder to import such merchandise? 2. If you are importing goods or packaging which consist of, or contain registered copyrighted material, have you checked or established a reliable procedure to ensure that it is authorized and genuine? If you are importing sound recordings of live performances, were the recordings authorized? 3. If you are importing goods that have been refurbished or remanufactured, do you have documentation detailing the remanufacturing process? 4. Have you checked or developed a reliable procedure to see if your merchandise is subject to a U.S. International Trade Commission or court ordered exclusion order? 5. Have you established a reliable procedure to ensure that you maintain and can produce any required entry documentation and supporting information? U.S. Customs & Border Protection 13 Forced Labor Basic question: Have you taken reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child labor)? 1. Have you established reliable procedures to ensure you are not importing goods in violation of 19 U.S.C. § 1307 and 19 C.F.R. §§ 12.42-12.44? 2. Do you know how your goods are made, from raw materials to finished goods, by whom, where, and under what labor conditions? 3. Have you reviewed CBP’s "Forced Labor" webpage, which includes a list of active withhold release orders and findings, as well as forced labor fact sheets? 4. Have you reviewed the Department of Labor’s "List of Goods Produced by Child Labor or Forced Labor" to familiarize yourself with at-risk country and commodity combinations? 5. Have you obtained a "ruling" from CBP regarding the admissibility of your goods under 19 U.S.C. § 1307 (see 19 C.F.R. Part 177), and if so, have you established reliable procedures to ensure that you followed the ruling and brought it to CBP’s attention? 6. Have you established a reliable procedure of conducting periodic internal audits to check for forced labor in your supply chain? 7. Have you established a reliable procedure of having a third-party auditor familiar with evaluating forced labor risks conduct periodic, unannounced audits of your supply chain for forced labor? 8. Have you reviewed the International Labour Organization’s “Indicators of Forced Labour” booklet? 9. Do you vet new suppliers/vendors for forced labor risks through questionnaires or some other means? 10. Do your contracts with suppliers include terms that prohibit the use of forced labor, a time frame by which to take corrective action if forced labor is identified, and the consequences if corrective action is not taken, such as the termination of the contractual relationship? 11. Do you have a comprehensive and transparent social compliance system in place? Have you reviewed the Department of Labor’s “Comply Chain” webpage? U.S. Customs & Border Protection 14 12. Have you developed a reliable program or procedure to maintain and produce any required customs entry documentation and supporting information? Miscellaneous Questions 1. Have you taken measures or developed reliable procedures to ensure that your merchandise complies with other agency requirements (e.g., FDA, EPA/DOT, CPSC, FTC, Agriculture, etc.) prior to or upon entry, including the procurement of any necessary licenses or permits? 2. Have you taken measures or developed reliable procedures to check to see if your goods are subject to a Commerce Department antidumping or countervailing duty investigation or determination, and if so, have you complied or developed reliable procedures to ensure compliance with customs reporting requirements upon entry (e.g., 19 C.F.R. § 141.61)? 3. Is your merchandise subject to quota and/or visa requirements, and if so, have you provided or developed a reliable procedure to provide a correct visa or other document for the goods upon entry? 4. Have you taken reliable measures to ensure and verify that you are submitting the correct type of CBP entry (e.g., TIB, T&E, consumption entry, antidumping or countervailing duty entry, mail entry, etc.)? 5. Have you established that you have the right to make entry? U.S. Customs & Border Protection 15 (This page intentionally left blank) U.S. Customs & Border Protection 16 ADDITIONAL INFORMATION The Internet The home page of CBP on the internet provides the trade community with current, relevant information regarding CBP operations and items of special interest. The site posts information—which includes proposed regulations, news releases, publications and notices, etc.—that can be searched, read online, printed or downloaded to your personal computer. The website was established as a trade-friendly mechanism to assist the importing and exporting community. The website also links to the home pages of many other agencies whose importing or exporting regulations CBP helps to enforce. The website also contains a wealth of information of interest to a broader public than the trade community. For instance, the “Know Before You Go” publication and traveler awareness campaign are designed to help educate international travelers. The web address of U.S. Customs and Border Protection is http://www.cbp.gov. CBP Regulations The current edition of CBP Regulations of the United States is a loose-leaf, subscription publication available from the Superintendent of Documents, U.S. Government Printing Office, via the internet, phone, fax, postal mail, or email. Internet: http://bookstore.gpo.gov. Phone: DC Metro Area: (202) 512-1800, Toll-Free: (866) 512- 1800, Monday through Friday, 8 a.m. – 4:30 p.m. EST, Fax: (202) 512-2104. Mail: U.S. Government Printing Office, P.O. Box 979050, St. Louis, MO 63197-9000. Email: Contactcenter@gpo.gov. A bound edition of Title 19, Code of Federal Regulations, is also available for sale from the same address. All proposed and final regulations are published in the Federal Register, which is published daily by the Office of the Federal Register, National Archives and Records Administration, and distributed by the Superintendent of Documents. Information about online access to the Federal Register may be obtained by calling (202) 512-1530 between 8 a.m. and 4:30 p.m. EST. The Federal Register is available online at https://www.ecfr.gov/. These notices are also published in the weekly Customs Bulletin described below. Customs Bulletin The Customs Bulletin and Decisions (Customs Bulletin) is a weekly publication that contains decisions, rulings, regulatory proposals, notices and other information of interest to the trade community. It also contains decisions issued by the U.S. Court of International Trade, as well as customs-related decisions of the U.S. Court of Appeals for the Federal Circuit. The Customs Bulletin is available online at https://www.cbp.gov/document/bulletins. U.S. Customs & Border Protection 17 Importing Into the United States This publication provides an overview of the importing process and contains general information about import requirements. The current edition of Importing Into the United States contains material explaining the requirements of the Mod Act. The Mod Act 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. The current edition contains a section entitled "Informed Compliance." 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 accurate and timely data pertaining to the importation. Single copies may be obtained from local offices of CBP, or from the Office of Public Affairs, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229. An online version is available at the CBP website. Informed Compliance Publications CBP has prepared a number of Informed Compliance publications in the “What Every Member of the Trade Community Should Know About:…” series. Check the website http://www.cbp.gov for current publications. Value Publications Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory provisions, CBP Regulations implementing the statute, portions of the Customs Valuation Code, judicial precedent, and administrative rulings involving application of valuation law. This publication may also be found online. The information provided in this publication is for general information purposes only. Recognizing that many complicated factors may be involved in customs issues, an importer may wish to obtain a ruling under CBP Regulations, 19 C.F.R. Part 177, or obtain advice from an expert (such as a licensed customs broker, an attorney or a customs consultant) who specializes in customs matters. Reliance solely on the general information in this pamphlet may not be considered reasonable care. Additional information may also be obtained from CBP’s ports of entry. Please consult the CBP website for an office near you. Contact information for ports of entry can also be found on the internet at www.cbp.gov/contact/ports. U.S. Customs & Border Protection 18 “Your Comments are Important” The Small Business and Regulatory Enforcement Ombudsman and 10 regional Fairness Boards were established to receive comments from small businesses about Federal agency enforcement activities and rate each agency’s responsiveness to small business. If you wish to comment on the enforcement actions of U.S. Customs and Border Protection, call 1-888-REG-FAIR (1-888-734-3247). REPORT SMUGGLING: 1-800-BE-ALERT Visit our website: http://www.cbp.gov U.S. Customs & Border Protection 19