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Regulations and Documentation

Compliance with all documentation and regulatory requirements for specific product and trading location is absolutely necessary.

Information and sources of international regulations are organized into the following sections:

Customs Regulations
Documentation
Shippers Export Declaration
Commercial Invoices
Exporting Licenses
Certificate of Origin
NAFTA Certificate of Origin
Letters of Credit
ATA Carnet

As a full service international trade and development organization the WTCBN offers a range of assistance concerning tariffs and taxes. The WTCBN provides cost analysis, support in determining tariff rates and applicable value added tax (VAT) assessments.

For more information or assistance please contact the WTCBN by email at info@wtcbn.com, by phone at 1.716.852.7160 or toll-free at 1.877.WTC.INTL (U.S./Canada).


Customs Regulations

Every country will have its own set of regulations for the importation of products. Below are links to resources for the United States, Canada and other countries.

U.S. Code of Federal Regulations –Title 19 (Customs)
http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=200019

Canadian Border Services—General Assistance
http://www.cbsa-asfc.gc.ca/import/menu-eng.html

Foreign Country Tariff & Tax Information
http://www.export.gov/logistics/country_tariff_info.asp

International Law & Regulations
http://www.loc.gov/law/guide/nations.html

Bureau of Industry and Security
http://www.bis.doc.gov/


Documentation

For a list of the most commonly required shipping documents when exporting from the United States:
http://www.export.gov/logistics/exp_docs_forms.asp


Shipper’s Export Declaration (SED)

The U.S. Shipper's Export Declaration (SED) is a required document for exportation of goods from the United States. Exceptions to the requirement include most shipments valued at $2500 or less and shipments destined to Canada.

New regulations will soon require SEDs to be electronically filed using AESDirect. AESDirect is the U.S. Census Bureau's free Internet based system for filing Shipper's Export Declaration (SED) information to the Automated Export System (AES). It is the electronic alternative to filing a paper SED.

An example of an SED can be found at:
http://www.census.gov/foreign-trade/regulations/forms/new-7525v.pdf

Instructions on how to complete SED
http://www.census.gov/foreign-trade/regulations/forms/correct-way-to-complete-the-sed.pdf


Commercial Invoices

In most cases a commercial invoice is required for both imports and exports. It is a bill for the goods from the seller to the buyer. These invoices are often used by governments to determine the true value of goods when assessing customs duties. Governments that use the commercial invoice to control imports will often specify its form, content, and number of copies required, language to be used, and other characteristics.

The following gives instructions and examples on how to prepare a Commercial Invoice:

United Parcel Service – Document Preparation
https://gtm.fedex.com/DOCASSIST?action=entry&cntry_code=ca_english&showEx=true#top


Export Licenses

An export license is issued to exporters by governments to permit them to export certain goods to certain countries. Such goods may be of strategic importance, or simply in short supply, or are controlled to comply with foreign agreements. Not all products require export licenses; country of destination and type of product will usually determine if an export license is required. Certain dual use (used for both military and civilian applications) or defense articles will require an export license. Review the following to determine:

Export License Requirements
http://www.export.gov/regulation/exp_000966.asp


Certificate of Origin

A Certificate of Origin is a document that certifies the country in which goods for export or import were manufactured. The commodity being exported or imported and its final destination determine if one is required. Certificates of Origin are a common feature of free trade agreements, and must be completed in order to qualify for reduced duties. They may also be required in other instances as some nations restrict imports from certain countries.

United Parcel Service – Certificate of Origin Page provides an example of a completed certificate of origin in pdf format. There is also a listing of countries and commodities which generally require certificates of origin.
https://gtm.fedex.com/DOCASSIST?action=entry&cntry_code=ca_english&showEx=true#top


NAFTA Certificate of Origin

A NAFTA Certificate of Origin is a Certificate of Origin used specifically for products imported and exported between the NAFTA countries of U.S., Canada and Mexico. The NAFTA Certificate of Origin should only be completed for products exported to Canada or Mexico that meets the NAFTA rules of origin. Only products that meet the NAFTA rules of origin are eligible for the preferential duty rates.

Michigan District Export Council – NAFTA Certificate of Origin Page
https://gtm.fedex.com/DOCASSIST?action=entry&cntry_code=ca_english&showEx=true#top

The Trade Information Center – NAFTA Certificate of Origin Interactive Tool
http://web.ita.doc.gov/ticwebsite/ticit.nsf/


Letters of Credit (L/C)

A Letter of Credit is a commitment, usually by a bank on behalf of a client (usually a buyer of goods), to pay a beneficiary (usually a seller of goods) a stated amount of money under specified conditions. Letters of credit are still commonly used in international transactions between parties that are unknown to each other. The L/C ensures the seller payment provided the documents presented comply with the conditions of the L/C.

Contact the following for more information about letters of credit. JP Morgan Chase
http://www.chase.com/ccp/index.jsp?pg_name=ccpmapp/smallbusiness/credit_loans/page/bb_trade_finance_options

M&T Bank
http://mandtbank.com/corporate/internat.cfm

HSBC Bank
http://www.us.hsbc.com/1/2/3/business/other/trade-services


ATA Carnet

An ATA Carnet is an internationally accepted customs document that when presented to a foreign Customs agent, allows merchandise and equipment to pass duty free and tax free into a country for up to one year. At the end of the year all the items listed on the carnet must be returned to the U.S. They are accepted in over 60 countries and territories. ATA Carnets cover virtually all goods. However, carnets do not cover consumable goods (food and agriculture products), disposable items, or postal traffic. ATA Carnet Information Page outlines the basics of ATA Carnets and offers discussions of their advantages. The site also gives a guide on how to obtain an ATA Carnet and answers frequently asked questions about them.
http://www.atacarnet.com/home.aspx

The U.S. Council of International Business ATA Carnet website, this site has basic information about the ATA Carnet, frequently asked questions, as well as printable forms and pricing information.
http://www.uscib.org/index.asp?documentID=2958

 

 
     

 
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