The binding ruling program enables importers and other interested parties to get binding pre-entry classification decisions prior to importing a product and filing entries with Customs and Border Protection. It is also to get binding guidance about other CBP regulations pertaining to marking of country of origin requirements.

Binding classification advice can only be given by the Office of Regulations and Rulings. Cleared and Delivered submits either an electronic request or a letter describing the product in detail and provides a sample to the CBP Information Exchange, National Commodity Specialist for a ruling. The importer generally receives a response within 30 days.

Tariff Classifications are binding, however duty rates are not. The program promotes compliance, uniformity and accuracy.

Buyer Info:

ISF Filer needs to provide the complete name, address, city, state, zip code, telephone and fax #, and email address of the person or company that is importing the cargo into the United States.

Buyer Tax I.D. :

ISF Filer needs to provide the Tax I.D. Number, such as: IRS Number / Employer Identification Number / Social Security Number / Custom Assign Number, of the person or company that is importing the cargo into the United States.

Important: ISF Filer needs to provide the Federal Tax Identification Number… not the state or local number…. Must be the Federal Tax I.D. Number.

Buyer Import Bond # :

ISF Filer needs to provide the complete name, address, city, state, zip code, telephone and fax #, and email address of the person or company that will Custom Clear the imported cargo that will be arriving into the United States. This means this person or company will be responsible for the payment of all US imported duties and taxes to the U.S. Custom Department.

Important: If the person or company that will be responsible for the payment of import duties and taxes is the Buyer. If so, then ISF Filer would put “Same Buyer” Highly Recommend: We strongly recommend that all importer(s) purchase an annual / yearly Continuous Import Bond (CTB – Activity 1 Bond)

Ship To / Receiver:

ISF Filer needs to provide the complete name, address, city, state, zip code, telephone and fax number of the first person or company that will be receiving the imported cargo that will be arriving into the United States.

Important: The person or company that will be receiving the imported cargo maybe the same as the Buyer. If so, then ISF Filer would put “Same Buyer”

Important: If more than one company will be receiving this cargo or container. Please provide the first company that will receive the cargo or container. We need the complete company name, address, city, state and zip code of this company receiving the cargo or container.

Buying From ( Oversea Seller ):

ISF Filer needs to provide the complete name, address, city, state or province, postal code, telephone and fax number of the person or company that sold the product or commodity that is being imported into the United States.

Manufacturer:

ISF Filer needs to provide the complete name, address, city, state or province, postal code, telephone and fax number of the person or factory that made or produce the product or commodity that is being imported into the United States. Important: For textiles we need the factory that manufactured the fabrics. The complete name, address, city, state or province, postal code, telephone and fax number of that person or factory.

Important: The person or factory that made or produced the product or commodity maybe the same person or factory as the oversea seller. If so, then ISF Filer would put “Same As Buying From ( Oversea Seller )”

Country of Origin:

ISF Filer needs to provide the country where the imported cargo / commodity are being imported from.

Tariff Code / HTS / HTC:

ISF Filer needs to provide the HTC (Harmonized Tariff Code) or HTS (Harmonized Tariff Schedule) for the product / commodity that is being imported into the United States.

Absolutely Important: The US Custom needs the “Ten- (10)- Digits” of the Tariff Code (HTS / HTC) for the imported cargo.

Important: Here is a direct link to the complete list of the U.S. Harmonized Tariff Code & Schedule

Important: If ISF Filer does not know where to locate or what the Harmonized Tariff Code of the commodity / good that is being imported but it is the same commodity that was previously imported. Then, ISF Filer can go to their previous US entry fling document (CBP 7501 – Entry Summary) to locate the Harmonized Tariff Code.

The Tariff Code (HTC/HTS) are sequenced in 4-digits.2-digits.4-digits (1234.56.7890) Here is a link to the Customs Border and Protections CBP 7501 Entry Summary form
(HTS Tariff Code) “:http://forms.cbp.gov/pdf/CBP_Form_7501.pdf

Container Stuffing Location:

ISF Filer needs to provide the complete name, address, city, state or province, postal code, telephone and fax number of the person or company that loaded the imported cargo into the container.

Important: If the person or company that loaded the container can and maybe the same person or company as the manufacturer or oversea seller. If so, the ISF Filer would put “Same Manufacturer”

Consolidator / Stuffer:

ISF Filer needs to provide the complete name, address, city, state or province, postal code, telephone and fax number of the person or company that loaded the imported cargo into the container.

Important: If the person or company that loaded the container can and maybe the same person or company as the manufacturer. If so, the ISF Filer would put “Same Manufacturer”

Bill of Lading:

ISF Filer needs to provide the Bill of Lading (MBL / HBL / BOL / BL / Lading) number for the shipment that is about to depart or leave the origin port. The bill of lading is considered vital and crucial information in filing the ISF since this will become the linked number when the ISF is submitted and filed with US Custom. The Bill of Lading number will only be issued by the vessel operators / shipping-line / steamship / freight carriers when the cargo(s) or container(s) is officially in the control, possession, or hands of the vessel operators and/or steamship line.

With the Bill of Lading number in hand the ISF Filer, importer or consignee can at least be assured that the cargo(s) or container(s) has been delivered by the vendor, supplier, or oversea seller to the freight carrier for departure.

Important: ISF Filer must ask, request, and/or demand this Bill of Lading number from there vendor, supplier, or oversea seller.

Important: The Bill of Lading number can either be the Master Bill of Lading (MBL) number or House Bill of Lading (HBL) number, either B/L number is acceptable for ISF filing.

Is This Full Container:

ISF Filer needs to answer whether this shipment is a Full Container Load or not. Full Container load can be standard container or reefer container (refrigerated) load, here are types of containers size: 40ft Container, 20ft Container, 40ft High Cube (HC/HQ) Container, or a 45ft Container Load.

Important: The reason ISF Filer needs to provide this information is because US Custom needs to know in the ISF Filing what type of Mode of Ocean Transportation (MOT) the imported cargo is coming into the United States ports.

Quantity Cartons:

ISF Filer needs to provide the total quantity of the products, commodities, or goods that are being imported in this shipped.

Contact Info:

ISF Filer needs to provide the complete name, address, city, state, zip code, telephone and fax number, and email address of themselves since the ISF Filer inputted the data.

Imported goods may not legally enter U.S. commerce until the shipment has arrived within the port of entry and Customs has authorized delivery of the merchandise. This is normally accomplished by filing the appropriate documents, either by the importer or by the importer's agent. To get a list of importers in the USA To expedite this process, Customs entry papers may be presented before the merchandise arrives, but entry will not take place until the merchandise arrives within the port limits. The Customs Service does not notify the importer of the arrival of the shipment. The carrier of the goods usually makes notification of arrival. Arrangements should be made to ensure that the importer or their agent is informed immediately of arrival so that the entry can be filed and delays in obtaining the goods avoided. The Customs Service defines "entry" not merely as the arrival of goods at a port, but as the process of presenting documentation for clearing goods through Customs. Imported merchandise not entered through Customs in a timely manner (within 15 calendar days of arrival) is sent by Customs to a general order warehouse to be held as unclaimed.

The importer is responsible for paying storage charges while unclaimed merchandise is held at the warehouse. If it remains unclaimed at the end of six months, the merchandise is sold at auction. Some types of Customs entry must be made at the first port of arrival. Ordinarily entry is made there for consumption, for entry into a bonded warehouse, or for transportation in bond to another port where a consumption or warehouse entry will be made. If an importer is unable to be there to prepare and file the entry, commercial brokers, known as customs brokers and licensed by the Customs Service, may act as an agent for the importer.

These brokers charge a fee for their services. A list of customs brokers may be obtained from the local Customs office or found in the yellow pages of the local telephone directory. In the case of a single noncommercial shipment, a relative or other individual may act as the importer's agent for customs purposes. This person must know the facts pertaining to the shipment and must be authorized in writing to act for the importer. Customs employees are prohibited by law and American Importers Association employees are prohibited by by-laws from performing these tasks for the importing public. However, US customs employees will advise and give information to importers about Customs requirements.

U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, North Korea, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. Vessels and aircraft under the registry, ownership, or control of sanctions targets may not import merchandise into the United States. The importation of Cuban cigars or Iranian carpets is subject to certain restrictions. Contact your local Customs office. Diamonds may not be imported from Angola without a certificate of origin or other documentation that demonstrates to Customs authorities that they were legally imported with the approval of the Angola Government of Unity and National Reconciliation.Import restrictions imposed against sanctions targets vary by program. Contact the Office of Foreign Assets Control at (202) 622-2490 with specific questions or concerns or visit OFAC's website at www.treas.gov/ofac.

A license or permit from the responsible agency may be necessary to import: alcoholic beverages animal and animal products certain drugs firearms and ammunition fruits, nuts meat and meat products milk, dairy, and cheese products plants and plant products poultry and poultry products petroleum and petroleum products vegetables There are also restrictions on the importation of certain trademarked and copyrighted articles. (For further information see Customs Publication No. 549 U.S. Customs and Protection of Intellectual Property Rights.) Certain items in these categories may also be prohibited.The following items must comply with applicable regulations of other agencies: art materials cultural property hazardous/toxic/flammable materials household appliances some electronics products toys and children's articles

All goods that enter the United States are categorized according to the Harmonized Tariff Schedule. The act of placing goods into the correct category is called classification. Classification determines how much duty will be collected. Classification is more than simply looking up an item in an index. It is a very complicated process requiring the application of the General Rules of Interpretation; the section, chapter and subheading notes; and the Explanatory Notes. The importer is responsible for properly classifying his merchandise before entry. If he is not sure how to properly classify an item, he can submit a request, in writing, for a binding classification ruling to the National Commodity Specialist Division, U.S. Customs, Attn: Classification Ruling Requests, New York, NY 10048. The rulings will be binding at all ports of entry unless revoked by the Headquarters' Office of Regulations and Rulings. Cleared and Delivered will more often find your HTS classification on your behalf as part of our service to you.

An individual may make his/her own Customs clearance of goods imported for personal use or business. All merchandise coming into the United States must clear Customs and is subject to a Customs duty unless specifically exempted by law. Clearance involves a number of steps: entry, inspection, appraisement, classification and liquidation. The U.S. Customs Service does not require an importer to have a license or permit. Other agencies may require a permit, license, or other certification, depending on what is being imported. Customs entry forms do ask for your importer number.

This is either your IRS business registration number, or if your business is not registered with the IRS or you do not have a business, your social security number. The importer must declare the dutiable value of merchandise. The final appraisement is fixed by Customs. Several appraisement methods are used to arrive at this value. The transaction value serves as the primary basis of appraisement. Transaction value is the price actually paid or payable by the buyer to the seller for the goods imported. Other factors may also add to the dutiable value of merchandise, such as packing costs, selling commissions, royalty or licensing fees, etc. When the transaction value cannot be determined, then the value of the imported goods being appraised is the transaction value of identical merchandise. If merchandise identical to the imported goods cannot be found or an acceptable transaction value for such merchandise does not exist, then the value is the transaction value of similar merchandise. Similar merchandise means merchandise that is produced in the same country and by the same person as the merchandise being appraised. It must be commercially interchangeable with the merchandise being appraised. The identical or similar merchandise must have been exported to the United States at or about the same time the merchandise being appraised is exported to the United States.

The importer must determine the classification number of the merchandise being imported. The Harmonized Tariff Schedule of the United States (HTSUS), issued by the United States International Trade Commission, prescribes the classification of merchandise by type of product; e.g., animal and vegetable products, textile fibers and textile products. The importer must pay estimated duties and processing fees if applicable. Customs makes the final determination of the correct rate of duty. The duty rate of an item is tied to its classification number. The HTSUS provides several rates of duty for each item: general rates for countries with which we maintain normal trade relations (NTR); special rates for special programs (free, or lower than the rates currently accorded NTR countries); and column 2 rates for imports not eligible for either general or special rates.

Customs duties are generally assessed at ad valorem rates, a percentage of which is applied to the dutiable value of the imported goods. Some articles, however, are dutiable at a specific rate (so much per piece, liter, kilo, etc); others at a compound rate of duty (i.e., combination of both ad valorem and specific rates). If formal entry is required - the importer may have to post a surety bond. It is the importers responsibility to ensure that his or her goods being imported meet admissibility requirements - such as proper marking, safety standards, etc. - and that the proper permits, if required, have been obtained in advance of the goods arriving in the United States.

On January 26, 2009, the new rule titled Importer Security Filing and Additional Carrier Requirements (commonly known as “10+2”) went into effect. This new rule applies to import cargo arriving to the United States by vessel. Failure to comply with the new rule could ultimately result in monetary penalties, increased inspections and delay of cargo. The information submitted in Importer Security Filings improves U.S. Customs and Border Protection’s (CBP) ability to identify high-risk shipments in order to prevent smuggling and ensure cargo safety and security.

What is an Importer Security Filing? Under the new rule, before merchandise arriving by vessel can be imported into the United States, the “Importer Security Filing (ISF) Importer,” or their agent (e.g., licensed customs broker),
must electronically submit certain advance cargo information to CBP in the form of an Importer Security Filing. This requirement only applies to cargo arriving in the United States by ocean vessel;
it does not apply to cargo arriving by other modes of transportation.

Who is Responsible for the Filing?
The ISF Importer is required to submit the Importer Security Filing. The ISF Importer is the party causing the goods to arrive within the limits of a port in the United States by vessel. Typically, the ISF Importer is the goods’ owner, purchaser, consignee, or agent such as a licensed customs broker. However, for foreign cargo remaining on board (FROB), the ISF Importer is the carrier. For immediate exportation (IE) and transportation and exportation (T&E) in-bond shipments, and goods to be delivered to a foreign trade zone (FTZ), the ISF Importer is the party filing the IE, T&E, or FTZ documentation.

What Must Be Filed?

Shipments Consisting of Goods Intended to be Entered into the United States and Goods Intended to be Delivered to a Foreign Trade Zone ISF Importers, or their agent, must provide eight data elements, no later than 24 hours before the cargo is laden aboard a vessel destined to the United States. Those data elements include:
• Seller
• Buyer
• Importer of record number / FTZ applicant
identification number
• Consignee number(s)
• Manufacturer (or supplier)*
• Ship to party *
• Country of origin *
• Commodity Harmonized Tariff Schedule of
the United States (HTSUS) number*

• ISF Importers have flexibility with respect to the submission of these four data elements. For these data elements, importers may submit a range of acceptable responses based on facts available to the ISF Importer at the time of submission. The Importer Security Filing must be updated as soon as more accurate or precise data becomes available and no later than 24 hours prior to the ship’s arrival at a U.S. port. Two additional 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. These data elements are:
  • Container stuffing location; and
  • Consolidator

FROB, IE Shipments, and T&E Shipments

For shipments consisting entirely of FROB and shipments consisting entirely of goods intended to be transported in-bond as an IE or T&E, the Importer Security Filing must consist of five elements. Importer Security Filings for IE and T&E shipments must be submitted no later than 24 hours before the cargo is laden aboard a vessel destined to the United States and Importer Security Filings for FROB must be submitted any time prior to lading. The following five data elements must be submitted for FROB, IE and T&E shipments:
• Booking party
• Foreign port of unlading
• Place of delivery
• Ship to party
• Commodity HTSUS number

What is a CBP Bond ?

A CBP bond is a contract that is given to insure the performance if an obligation imposed by law or regulation. The most common use of a CBP bond allows importers to take possession of their goods before all CBP formalities are complete. Another use allows a carrier to move goods under bond from one place to another before those goods are actually entered for consumption with duties paid.

Who are the parties to a Custom Bond ?

All Customs bonds are financial guarantees between 3 parties: the Insurance/Surety company issuing the bond, the Principal (who is required to file the bond), and Customs & Border Protection (CBP). The bond guarantees Customs & Border Protection that if they cannot collect monies due from the Principal they can seek remedy, up to the bond amount, from the Insurance/Surety Company. The bond also compensates the Insurance / Surety Company, allowing them to use any legal means to collect from the Principal any monies that were paid to CBP on the Principal’s behalf. All parties that import goods into the United States for commercial purposes or transport goods through the United States must have a CBP bond.

The principal on a bond can be an importer, a broker, a carrier, a bonded warehouse proprietor, a foreign trade zone operator or anyone that seeks to do business with CBP. The surety is usually an insurance company that has been authorized to write bonds. The surety and the principal are known as the bond obligors while the CBP is the beneficiary on all authorized bonds. If a principal fails to execute its obligations, CBP can make a claim against the principal and surety under the terms of the bond

What formalities are associated with a Customs bond ?

All CBP bonds must be in writing. To prevent errors from occurring, there must be a witness present when the signature of the bond obligor is signing as an individual. When a corporation needs to sign a CBP, it allows a corporate officer (who has power of attorney) to sign for it. No witnesses are needed when bonds are completed by authorized officials.

What are the types of bonds ?

Continuous Transaction Bond is a self-renewing term Importer Entry Bond, which covers all Customs transactions through all ports of the country. The bond amount for a continuous bond is determined by taking multiples of $10,000 nearest 10% of duties, taxes and fees paid by an importer during the last calendar year. The minimum continuous bond amount is $50,000. This bond is valid until it is terminated by the principal or the surety.

Single Entry Bond is a one-time Importer Entry Bond for a particular import shipment, which can only be used for one Customs transaction. The bond amount for a single transaction bond is equal to the total entered value of the merchandise plus all duties, taxes, and fees. However, if the merchandise is subject to other government agency requirements or visa/quota requirements, the bond amount would be equal to three times of the total entered value.

Drawback Payment Refunds allows an importer to obtain a refund of 99% of the duties paid on imported goods upon providing proof these goods were exported.

Custodian of Bonded Merchandise covers the activities of bonded merchandise warehouses, carriers and container stations. All of these business types are responsible in the course of their activities for merchandise which has not yet been entered into the commerce of the United States and on which duties are still due. Such goods are referred to as being in-bond.

International Carrier Bond ensures operators properly manifest all goods and passengers they carry, pay for the overtime services of Customs officers and comply with all regulations related to the clearance of their vehicles.

Foreign Trade Zone is considered non-U.S. territory for Customs’ purposes and foreign goods placed into the FTZ may be manufactured, manipulated, repacked or exported without paying duties.

What are the obligations of the parties ?

An importer's bond obligations require him to pay duties and submit entry summary documentation at the times required by law and to redeliver merchandise to CBP upon lawful demand. The basic custodial bond requires that the custodian of bonded merchandise comply with regulations relating to such merchandise and produce records upon demand by a CBP officer. If obligations are not met then CBP may access a claim against the prinicpal and surety under the terms and conditions of that bond. If the bond principal cannot or will not perfom its obligations then CBP can make demand for payment on both the prinipal and the surety.

Where can I get a bond ?

You can visit http://www.fms.treas.gov/c570/index.html . Here you will find the Treasury Department Circular 570 which is a list of Treasury approved certified surety companies.

Where are CBP bonds filed ?

Single entry bonds should be filed in the port where the transaction is taking place. the Continous Transaction Bond program is being centralized at the Revenue Division In Indianapolis, Indiana.

Must Surety Bonds always be used ?

Surety Bonds don’t always have to be used. An alternative is for the bond principal to pledge cash or other United States obligations such as notes, bonds (other than U.S. savings bonds) and treasury bills. The bond form will then be changed to show the switch from a surety to a pledge of assets. If any of the examples above are pledged then the bond principal is entitled to the interest or discount. In addition, no interest is paid on pledged cash. One disadvantage to this is the CBP must hold the pledge until the bond is completed or canceled.

Where can further information be obtained ?

For any other information on CBP bonds please visit www.cbp.gov

Many import regulations only apply to goods imported for commercial - business or resale - purposes. For instance, most goods imported for personal use are not subject to quota.

The one exception to this is made-to-measure suits from Hong Kong, which are subject to quota restrictions regardless of the use they are imported for. On the other hand, import restrictions that are based on health, safety and protecting endangered species apply across the board.

Goods imported for commercial purposes must comply with a variety of special requirements, such as marking of country of origin, which vary depending upon the particular commodity. Please see our publication, "Importing Into the United States," for more detailed information. Be particularly aware that an invoice should always accompany commercial shipments.

Purchasers should also be aware that some products might be considered contraband and cannot be brought into the United States under any circumstances. This includes the obvious, such as narcotics and child pornography, as well as less obvious items such as tainted food

products, and other items, a list of which can be found in "Importing Into the United States." Such merchandise can be seized by CBP, and attempts to import it may subject the importer to civil or even criminal sanctions. If you have any question at all about your purchase, you should contact your closest CBP port and get an opinion before you complete the transaction.

Keep the following questions in mind before you buy something from a foreign source.

• - Can the goods be legally imported? Are there restrictions on, or special forms required, for your purchase's importation?
• - Are you buying the item(s) for your personal use or for commercial purposes?
• - Will you be responsible for shipping costs? If so, you should discuss with the seller how your purchase will be shipped. The choices are freight, courier service or international postal service. If you're not careful, transportation and handling costs could far outweigh the cost of your purchase. Sometimes, the seemingly cheaper methods can be more expensive in the long run because they are more susceptible to theft, misdeliveries and logistical problems. You should discuss with the seller what the exact delivery arrangements will be. If the seller does not make arrangements for postal or door-to-door delivery, you will either need to hire a customs broker to clear your goods and forward them on to you, or go the port of entry and clear them yourself.
• - Can you trust the seller to provide accurate information about the item being shipped in the Customs section of the shipping documents? Giving misleading or inaccurate information about the nature of the item and its value is illegal. And it is the importer - YOU - who could face legal action and fines for this violation!

The following is a brief primer on the various factors that can impact the clearance of your goods through CBP.

The importer is ultimately responsible for paying any duty owed on an import. Determining duty can be very complicated, and while shipping services will often give an estimate for what the duty rate on an item might be, only CBP can make a final determination about what is owed. You should not be misled into thinking your purchase price includes duty because the seller cannot say with absolute certainty what the duty will be. As a rule, a purchase price that includes shipping and handling does not include duty or any costs associated with clearing the goods through CBP. First time importers are often surprised by bills they receive for duty, U.S. Customs and Border Protection merchandise processing fee, and something referred to as "customs fees," which are actually charges for the services of the broker who cleared your goods through CBP.

How you pay duty depends on how your goods were shipped. If your goods were shipped through the International Postal Service, you will need to pay the mail carrier and/or go to your local post office to pay any duty and processing fees owed when your package arrives at that post office. If your goods were sent by a courier service, that service will either bill you for the duty they paid on your behalf or require payment on delivery.

If your goods were sent by freight, there are two possible scenarios for paying duty.

• - If no arrangements were made to forward the goods to your door, you will need to either clear them through CBP yourself, in which case you will pay duty directly to CBP at the port where your goods arrived. Alternatively, you will need to arrange for a broker to clear your goods. If you hire a broker, they will bill you for their services and any duty they paid on your behalf.
• - If arrangements were made to forward your goods to you, you will be billed for any duty owed, and for the services of the broker who cleared them through CBP.

If the value of your purchase(s) is less than $2000 and your goods are being shipped by mail or freight, they may, in most cases, be imported as an informal entry. However, there are exceptions to this. For instance, if the importation is determined to be for commercial purposes, the value limit for filing an informal entry for many textile items is either $250 or $0 - depending on whether or not the item is subject to Quota (see below). Clearing goods through CBP as an informal entry is less arduous a process than clearing them by filing a formal entry. Essentially, when goods are cleared as an informal entry, CBP will prepare the paperwork, including determining the classification number and duty rate for your merchandise.

The duty rate for many items typically bought in an on-line auction is zero, however, CBP may charge a small processing fee for mail imports that do require the payment of duty.

If your goods are sent by a courier or express service, their brokers will usually handle the paperwork, and bill you for their services.

If your goods are being shipped by freight, and you want to clear them through CBP yourself, be sure the shipping company has instructions to deliver them to a port near you. Otherwise, you will need to arrange for someone else to clear the goods for you when they arrive. Your alternative is to ask the seller to make arrangements to have your goods forwarded to your door, in which case you should expect to pay for the services of the customs broker who coordinates this when your goods arrive in the U.S.A.

If your goods are valued at more than $2000, or for commercial textile shipments (clothes/materials) regardless of value, you will be required to file a formal entry, which can require extensive paperwork and the filing of a U.S. Customs and Border Protection bond. As mentioned above and for various reasons, CBP may require a formal entry for any importation. CBP, however, rarely exercises this right unless there is a particular concern about the circumstances surrounding an importation.

Because filing a formal entry can be complicated, the U.S. Customs and Border Protection recommends importers consider hiring a customs broker to complete the transaction. Lists of brokers can be found on the port pages of CBP web site.

One of the most difficult things about filing formal entries is accurately identifying the correct classification number of the item being imported. The Harmonized Tariff Schedule of the United States (HTSUS) lists classification numbers for every conceivable item under the Sun. The HTSUS is the size of an unabridged dictionary, and specialists train for months to learn how to correctly classify goods.

The classification number of an item determines many requirements pertaining to that item's importation such as it's duty rate, eligibility for special import programs like the Generalized System of Preferences (GSP) or the North American Free Trade Agreement (NAFTA), and whether or not the item is subject to quota restrictions.

Failure to correctly classify an item can result in fines and/or delays in delivery. You may write to U.S. Customs and Border Protection for a binding ruling, and/or contact an import specialist at your local port for help to identify the proper classification number for your imported item.

Many kinds of goods imported for commercial use may be subject to a quota limit. It is the classification number of the article as identified in the Harmonized Tariff Schedule of the United States and the country of origin that determine whether or not an item is subject to quota requirements.

In some cases, the quota is absolute, meaning that once the quota is filled - because the quota has reached its limit for that particular period of time - no additional quantities of that item may be imported until the next open period. Such merchandise must be warehoused or exported. Other quotas are tariff-related, which means that a certain quantity of goods may enter at a low rate of duty, but once that threshold is reached - during a specified period of time - a higher duty rate will be assessed for any additional quantities of that particular imported good. Unlimited quantities of some merchandise subject to tariff-rate quota may, however, enter at over the quota rates.

If you are importing goods for commercial use or resale, it's a good idea to contact your local port of entry for more specific information.

Fill levels for quotas are currently posted on the CBP Electronic Bulletin Board in the file called Quota Threshold Status. Fill levels for textile items can be found in the Quota section of Importing/Exporting.

The Quota program is generally applied only to commercial importations. While the importation of many goods imported under "personal use" quantities are not affected by quota restrictions, there is one exception; made-to-measure suits made in Hong Kong, which are restricted for both personal and commercial use.

Many items cannot be imported into the United States unless the importer has the proper permit or license from the appropriate regulatory authority. Some of the most common restricted items include food, plant and dairy products; alcohol and tobacco products; birds, fish or animals and products thereof, goods from embargoed countries, firearms and ammunition, cultural artifacts from certain countries, and copyrighted materials.

 

The entry of prescription medicines is restricted and subject to the approval of the U.S. Food and Drug Administration (FDA). Depending on the FDA review of the medicine, it may be released to the addressee or seized. There are, however, provisions allowing passengers to hand carry prescription drugs into the United States if they enter through a land border with Canada or Mexico.

Before you decide to import a motorcycle into the United States, you should ensure it conforms to the Environmental Protection Agency (EPA) and Department of Transportation (DOT) regulations. These agencies have very detailed requirements that can make importing a motorcycle difficult. EPA advises importers of motorcycles to obtain a letter from the manufacturer stating it conforms to U.S. standards. If it is imported into the U.S. and does not conform, it must be brought into compliance before it can clear Customs and Border Protection (CBP), be legally registered, used and or sold in the U.S.

If it is not brought into compliance, it can not remain in the U.S. and it must be exported or destroyed. For example, if the motorcycle you intend to import is a Harley Davidson, many of those bikes were exported for sale in a foreign country and do not conform to U.S. standards. The EPA has a detailed automotive facts manual describing emission requirements. You can get a copy of this manual, entitled the Automotive Imports Facts Manual,(order #EPA420B94006) or other information about importing motor vehicles by calling the EPA import hotline at (734) 214-4100. From a CBP standpoint, you must file an entry and the EPA Form 3520-1 and the DOT form HS-7 must be submitted to CBP to receive the Entry Summary document CBP Form 7501. You will need this form to register the motorcycle in your state. Prior to filing your entry with CBP, ensure you have valid proof of ownership, which is an original certificate of title, or a certified copy of the original, and the bill of sale. You will be required to pay 1.5% to 2.9% duty, which will be assessed based on the purchase price or blue book value.