Steamship Companies Certification

Documents

Before importing goods, importers should research which documents are required and establish procedures for compliance. Examples of documents required to import certain commodities include the following:

• Toxic Substances Control Act Statement for all goods that could be perceived to contain hazardous materials or toxic substances
• Duty-free entry certificates:
   - Certificates of Origin Form A
   - North American Free Trade Agreement Certificate of Origin
• Manufacturer's affidavits
• Mill certificates
• Veterinary certificate
• Exporter's certificate concerning product specifications or for endangered species regulations
• Phyto-sanitary Certificate of Origin
• Gaugers certificates
• Certificate of label approval for beverages
• Customs declaration on usage of copper-bearing fluxing materials (for copper ore or concentrate)
• Foreign inspection certificate (for egg products)
• Textile entry declaration
• Textile export visa
• Sanitation certificate
• Notice of Percentage of Clean Yield and Grade of Wool or Hair
• Certification for products entered as "certified hand-loomed products"*

Animals 

Importations of many live animals are highly restricted under several laws administered by U.S. Federal government agencies. Those wishing to import any kind of live animal should contact the government agencies that regulate such importation.

All live animal imports must be accompanied by a health certificate. Entry procedures for live animals coming from Mexico and Canada are somewhat less rigorous than for those entering from other countries.

USDA APHIS (Animal and Plant Health Inspection Service) restricts the importation of live animals primarily to safeguard U.S. animals from communicable disease. Importations of certain animals from countries in which certain communicable diseases are considered to be endemic are prohibited entirely.

The U.S. Department of the Interior's Fish and Wildlife Service (FWS) regulates importation of live animals covered under the Endangered Species Act (ESA) and the Convention on International Trade in Endangered Species (CITES). This category includes game animals, wild animals, game and wild birds and their eggs, and extends to any parts or products of the above. Importation of marine wildlife is also restricted.

U.S. agencies involved in animal importations:

• U.S. Department of Agriculture (USDA)
• Animal and Plant Health Inspection Service (APHIS)
• Veterinary Services (VS)
• Import-Export Products Staff
• U.S. Fish and Wildlife Services (FWS)
• National Marine Fisheries Services (NMFS)
• Food and Drug Administration (FDA)
• Center for Veterinary Medicine
• Division of Enforcement, Import Branch
• Center for Disease Control (CDC)
• Office of Biosafety
• U.S. Customs Service

Health

Under international health regulations adopted by the World Health Organization, a country may require international certificates of vaccination against yellow fever and cholera as a condition of entry. Typhoid vaccinations are not required for international travel, but are recommended for areas where there is risk of exposure.

It is not necessary to be vaccinated against a disease to which you will not be exposed, however a few countries will refuse to admit you if you arrive without the necessary vaccinations. It is recommended that you check with the embassy or consulate of the countries you plan to visit for the latest requirements for vaccinations and heath certificates.

All live animal importations must be accompanied by a health certificate.*

Restricted Items

Generally, countries have lists of commodities that are restricted from importation. Some of the U.S. restrictions are as follows:

• White or yellow phosphorus matches, fireworks banned under Federal or State restrictions, pepper shells, switchblade knives, and lottery tickets are prohibited items for importation.
• The Office of Foreign Assets Controls administers regulations that generally prohibit the importation of merchandise or goods that contain components from the following countries: Cuba, Iran, Iraq, Libya, North Korea, Serbia and Montenegro. These restrictions apply to the country of origin, regardless of where the item was purchased.
• The Tariff Act of 1930, as amended, prohibits the importation of any book, writing, advertisement, circular, or picture advocating treason or insurrection against the U.S., resistance to any law of the U.S., or threat to take the life of or harm any person in the U.S. In addition, it prohibits importation of any obscene book, writing, advertisement, circular, picture, or other representation, or any instrument, or other article that is obscene or immoral, or any drug or medicine for causing unlawful abortion.
• Merchandise produced, mined, or manufactured by convict labor, forced labor, or indentured labor under penal sanctions is prohibited from importation into the U.S.
• If the President of the U.S. finds that unfair methods of competition or unfair acts exist; certain importations of merchandise are prohibited. This law is most commonly invoked in the case of patent violations. Prohibition of imports usually is for the term of the patent.
• Certain types of machine tools from Japan and Taiwan are subject to voluntary restraint agreements (VRAs) negotiated by the U.S. Trade Representative and the respective countries. The VRAs are administered by the Department of Commerce, and they require an export certificate or license by the country of origin as a condition of entry into the U.S.
  (Source: Importers Manual USA, by Edward G. Hinkelman)

Literature

Printed materials imported into the U.S. must comply with the following:

• Copyright laws and regulations
• Trademark laws and regulations
• Counterfeit laws and regulations
• Restrictions pertaining to seditious, obscene, or threatening subject matter

The U.S. Customs Intellectual Property Rights branch enforces pertinent copyright laws and regulations to ensure that pirated versions of copyrighted materials do not enter the U.S.

The importation of books, magazines, newspapers, and periodicals into the U.S. is relatively straightforward. There are no quotas, no duties, and no special licensing or permit requirements. You do need to be concerned with the marking, copyrights, and content of printed materials.

Under Section 305 of the Tariff Act of 1930, as amended, you may not import any book, writing, advertisement, circular, or picture containing any matter advocating or urging the following unlawful acts:

• Treason or insurrection against the U.S.
• Forcible resistance to any U.S. law
• Any book, writing, advertisement, circular, or picture containing any threat to take the life of, or inflict bodily harm on, any person in the U.S.
• Any obscene book, writing, advertisement, circular, picture or other representation, figure, or image on paper

Section 602(a) of the CRA makes it an infringement of copyright to import copies of a work acquired outside the U.S. without the copyright owner's authorization. Customs employs the substantial similarity test to determine if a design has been copied. Copyright owner seeking import protection from U.S. Customs must register their claim to copyright with the U.S. Copyright Office and record their registration with Customs in accordance with applicable regulations.

Section 42 of the TMA specifies marking requirements for foreign books imported into the U.S. Foreign-printed (bound or unbound) books that bear on the title page the name and address of the U.S. importer, consignee, or publisher; or the name of any country or locality other than the one in which the book was actually printed, must provide "Printed in (the name of country of origin)," "Printed by (the name and address of the foreign printer and the name of the country of origin)," or a similar designation of the actual country of origin of the printed matter.*

Perishables

Goods that are time-sensitive, weather-sensitive, moisture-sensitive, temperature-sensitive, or otherwise delicate are considered perishable. Customs usually has special priority services available for clearance of perishable goods. An importer of perishables should contact the local customs office at the port of entry and request information about how perishables are cleared through customs.

U.S. Customs regulations specifically prohibit warehouse entries for perishable merchandise. Examples of perishable merchandise include the following:

• Produce
• Frozen goods
• Flowers
• Biological materials
• Tropical fish
• Transferring Risk

International transactions pose risks for both seller and buyer. Exporters want to ensure timely and full payment for their goods, while importers want to be certain that they receive the goods they contract for as well as the documentation required for clearance through customs.

One of the most important factors in reducing the risks are knowing what risks exists. It is assumed that buyer and seller will draft and sign a formal commercial contract establishing the terms and conditions of the transaction.

The methods of international payment ranked from the most secure for the exporter to the most desirable for the importer are as follows:

• Prepayment (cash payment with order).
• Documentary letter of credit
• Documentary collection or draft (documents against payment)
• Open account or other credit terms

Since prepayment terms and open account terms accrue the greatest risk to the importer and exporter, documentary letters of credit and drafts are used to protect the interest of both importer and exporter. Under these methods, outside intermediaries (usually banks) are involved and documents are required to be presented in order for payment to be made.

Incoterms define the responsibilities of importers and exporters in delivering goods under sales contracts. A complete list of international commerce terms and their definitions is provided in Incoterms 1990, available from the International Chamber of Commerce (http://www.iccwbo.org). (See also Shipment Terms.)

Return Shipments

Goods that need to be returned to the place of origin because they were not ordered, do not conform to specifications, or are defective, require special handling to ensure that the return is handled appropriately. This situation should be covered in the sales terms and conditions. It is recommended that the importer work closely with the seller to meet the necessary documentary and shipping requirements for returning the goods.

*Source: Importers Manual USA, by Edward G. Hinkleman