AGENDA

TRAINING ON CUSTOMS AND
ANTIDUMPING/COUNTERVAILING DUTY COMPLIANCE

I. Introduction – What’s the Point of the U.S. Customs and Other International Trade Laws?
A. Protecting the U.S. Populace From Harm
B. Protecting US Manufacturers
C. Raising Revenue for the US Government

II. Why You Need to Care About Compliance
A. Legal Obligation of Reasonable Care
B. Penalties and Other Consequences of Non- Compliance

III. What Do You Need to Know About Your Imports – and Why
A. Identifying the Product
B. Duty Rate Differs According to What Is the Product, What is it Made
Of, Where it is from, etc.
C. AD/CVD duties may apply depending on product characteristics and
country of origin

IV. How Do You Determine the Applicable Duty Rate
A. Exercising Reasonable Care – Not Relying on Foreign Vendor
B. Resources: HTSUS, Rulings, Outside Help
C. How to Classify Products Under the HTSUS

V. Explanation of the Import/Entry Process
A. Pre-Arrival data required “10+2”
B. Immediate Entry and Release
C. Entry Summary and Packet

i. Required Information
ii. Consistency with Commercial Invoice and Waybill

D. Post-Entry Amendments
E. Requests for Information and Notices of Action
F. Liquidation and Bills or Refunds
G. Protest and Appeal
H. Statute of Limitation

VI. Beware of Antidumping and Countervailing Duties
A. Why it is critical to be aware of AD/CVD orders when ordering
products from abroad
B. Importer of Record carries the liability; foreign manufacturer or
vendor cannot reimburse AD/CVD duties
C. Explanation of the AD/CVD process: petition, investigation,
preliminary determination, cash deposits, suspension of liquidation,
critical circumstances, final determination, administrative reviews, sunset reviews
D. How do you monitor current AD/CVD orders and new AD/CVD investigations so that you are not stuck with liability?
E. Scope ruling requests
F. Current AD/CVD orders of interest

VII. Country of Origin Marking
A. Customs Requirements for Imported Products and “J” List Exemption
B. Further Manufacture in the U.S. – “Substantial Transformation”
C. Repackaging in the U.S.
D. “Made in USA” – FTC “All or Virtually All” standard
E. Consequences of Mis-marking

VIII. Valuation of Imported Products
A. Transaction Value – Importance of Accurate Invoices
B. Additions to Transaction Value: Assists, Licensing Fees, etc.
C. Related Parties – Transfer Pricing
D. Verify the declared value against payments as part of post-entry check

IX. Other Potential Pitfalls
A. Qualifying for special duty Preferences: GSP, NAFTA, American Goods Returned
B. Beware of Vendor Representations and Customer Requests for Certifications 
C. Trademark/Patent Infringing Goods 
D. Unsafe or harmful goods, particularly wood with insects
E. Detentions and Seizures

X. An Ounce of Prevention . . . 
A. What information do you need to give your foreign vendor – your P.O.
B. What information do you need vendor to put on commercial invoice
C. What procedures do you need in place when working with vendor and customs broker
D. Post-entry checks and occasional internal audits
E. Customs Compliance Procedures
F. Recordkeeping