美國(guó)關(guān)稅, 美國(guó)進(jìn)口關(guān)稅, 美國(guó)關(guān)稅最新消息, 如何規(guī)避美國(guó)關(guān)稅,
1
importing into the united states
a guide for commercial importers
a notice to our readers
on march 1, 2003, u.s. customs and border protection, or cbp, was born as an
agency of the department of homeland security, merging functions of the former
customs service, immigration and naturalization service, border patrol, and animal
and plant health inspection service. many changes took place in preparation for this
merger and many have occurred since in order to safeguard u.s. borders against high_x0002_risk cargo, contraband, and unsafe imports. we encourage you to visit our website
(www.cbp.gov) for the latest information on specific laws, regulations or procedures that
may affect your import transactions.
* * * * * *
this edition of importing into the united states contains material pursuant to the
trade act of 2002 and the customs modernization act (title vi of the north american
free trade agreement implementation act), commonly referred to as the mod act.
the customs modernization act (title vi of the north american free trade
agreement implementation act [p.l. 103-182, 107 stat. 2057]) became effective
december 8, 1993. its provisions have 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.
a prominent feature of the mod act is a relationship between cbp and importers
that is characterized by informed compliance. (see section three of this book, which
starts on page 26, for details and definitions.) 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 with accurate and timely data pertaining to his or her
importations.
importing into the united states provides wide-ranging information about the
importing process and import requirements. we have made every effort to include
essential requirements, but it is not possible for a book this size to cover all import laws
and regulations. also, this publication does not supersede or modify any provision of
those laws and regulations. legislative and administrative changes are always under
consideration and can occur at any time. quota limitations on commodities are also
subject to change. therefore, reliance solely on the information in this book may not
meet the ldquo;reasonable carerdquo; standard required of importers.
we urge interested parties to contact their nearest cbp office for information on
2
specific issues or questions. cbp ports of entry, with their addresses and phone
numbers, can be found on our website under ldquo;ports.rdquo;
we cannot overemphasize that although the information in this book is provided
to promote understanding of, and compliance with, importing laws and regulations, the
information provided here is for general purposes only. importers may also wish to
obtain guidance from private-sector experts who specialize in importing, for example,
licensed customs brokers, attorneys or consultants.
federal agencies whose laws cbp helps to enforce are listed throughout this
book, as well as in the appendix and on our website.
3
contents
chapter
u.s. customs and border protection: mission and organization
1. organization; cbp attaches abroad
suggestions to the exporter
entry of goods
2. entry process
3. right to make entry
4. examination of goods and entry documents
5. packing of goodsmdash;commingling
informed compliance
6. definition
7. reasonable care checklists
8. compliance assessment/compliance measurement
9. notice to small-business importers
invoices
10. commercial invoices
11. other invoices
12. frequent errors in invoicing
assessment of duty
13. dutiable status of goods
14. containers or holders
15. temporary free importations
16. north american free trade agreement (nafta)
17. generalized system of preferences (gsp)
18. caribbean basin initiative (cbi) and the caribbean basin economic
recovery act (cbera)
19. andean trade preference act (atpa)/andean trade promotion and
drug eradication act (atpdea)
20. u.s.-israel free trade area agreement
21. u.s.- jordan free trade area agreement
22. compact of free association (fas)
23. african growth and opportunity act (agoa)
24. u.s.-caribbean basin trade partnership act (cbpta)
25. u.s.-chile free trade agreement (us-cfta)
26. u.s.ndash; singapore free trade agreement
27. antidumping and countervailing duties
28. drawbackmdash;refunds of duties
4
classification and value
29. classificationmdash;liquidation
30. conversion of currency
31. transaction value
32. transaction valuemdash;identical or similar merchandise
33. other bases: deductive and computed value
34. rules of origin
marking
35. country of origin marking
36. special marking requirements
37. markingmdash;false impression
38. user fees
special requirements
39. prohibitions, restrictions, and other agency requirements
40. alcoholic beverages
41. motor vehicles and boats
42. import quotas
43. fraud
foreign trade zones
44. foreign trade zones
appendix
invoices; additional information; customs valuation;
other forms; other agencies
5
u.s. customs and border protection: mission and
organization
1. organization
mission
before september 11, 2001, the major responsibility of the former u.s. customs
service was to administer the tariff act of 1930, as amended. when customs
subsequently merged with other border enforcement agencies to become u.s. customs
and border protection, cbprsquo;s priority mission became homeland security: detecting,
deterring and preventing terrorists and their weapons from entering the united states.
this mission fits ideally with cbprsquo;s long-established responsibilities for
protecting and facilitating international trade. cbp retains its traditional enterprise of
protecting the nation's revenue by assessing and collecting duties, taxes and fees incident
to international traffic and trade. further, by providing procedural guidance to the import
community, cbp enhances and increases compliance with domestic and international
customs laws and regulations. cbp thus helps importers assure that their shipments are
free from terrorist or other malicious interference, tampering, or corruption of containers
or commodities.
today, cbp is the nationrsquo;s premiere border enforcement agency, and it
accomplishes this new mandate in part by executing the responsibilities for
which it has always been known: controlling, regulating, and facilitating the
movement of carriers, people, and commodities between the united states and
other nations; protecting the american consumer and the environment against
the introduction of hazardous, toxic or noxious products into the united states;
protecting domestic industry and labor against unfair foreign competition; and
detecting, interdicting, and investigating smuggling and other illegal practices
aimed at illegally entering narcotics, drugs, contraband or other prohibited
articles into the united states.
cbp is also responsible for detecting, interdicting, and investigating
fraudulent activities intended to avoid the payment of duties, taxes and fees, or
activities meant to evade the legal requirements of international traffic and
trade; and for detecting, interdicting, and investigating illegal international
trafficking in arms, munitions, currency, and acts of terrorism at u.s. ports of
entry.
organization
field operations offices
cbp operates through a field-office structure that consists of 20 field operations
6
offices around the united states. these field offices provide managerial oversight and
operational assistance to 324 ports of entry around the nation and 14 preclearance offices
in canada and the caribbean.
established according to geographic region, field operations offices are the
means by which cbp headquarters distributes key policies and procedures to cbp
officers and importing staff around the country. each field office supervises a certain
number of service or area ports, which are larger, full-service ports with staff
subdivisions designated to handle commercial transactions, as well as smaller ports of
entry that handle less traffic.
field operations offices provide guidance to the ports under their geographic
jurisdiction to ensure the dissemination and implementation of cbp guidelines, policies
and procedures. import transactions are conducted at service ports, area ports, and ports
of entry, so these locations will be of primary interest to the trade community. cbp is
also responsible for administering the customs laws of the united states virgin islands.
ports of entry
ports of entry conduct the daily, port-specific operations like clearing cargo,
collecting duties and other monies associated with imports, and processing passengers
arriving from abroad. port personnel are the face at the border for nearly all cargo carriers
and people entering the united states. ports of entry are the level at which cbp enforces
import and export laws and regulations and implements immigration policies and
programs. port officers also perform agricultural inspections to protect the usa from
potential carriers of animal and plant pests or diseases that could cause serious damage to
america's crops, livestock, pets, and the environment.
for a detailed listing of ports of entry, please refer to:
http://www.cbp.gov/xp/cgov/toolbox/ports/.
7
u.s. cbp officers in foreign countries
bull; bold indicates the presence of a cbp attacheacute;, representative, international
operations specialist and/or technical representative by 1 may, 2006.
bull; * indicates that a cbp attacheacute;, representative and/or international operations
specialist is currently waiting to deploy.
brussels, belgium
cbp attacheacute;
u.s. mission to the european union
27 blvd. du regent
1000 brussels
011-32-2-508-2770
ottawa, canada
cbp attacheacute;
embassy of the united states
p.o. box 866 station b
ottawa, ontario k1p 5t1
tel: 613-688-5496
*hong kong
cbp representative
11/f., st. johnrsquo;s building
33 garden road, central
hong kong
tel: 011-852-2230-5100
rome, italy
cbp representative
american embassy
via veneto 119/a
00187 rome
tel: 011-39-06-4674-2475
tokyo, japan
cbp representative
american embassy
10-5, akasaka 1-chome
minato-ku
tokyo 107-8420 japan
tel: 011-813-3224-5433
8
mexico city, mexico
cbp attacheacute;
american embassy
paseo de la reforma 305
colonia cuauhtemoc
mexico city, d.f., mexico
c.p. 06500
tel: 011-52-55-5080-2000
new delhi, india
cbp representative
24 kasturba gandhi marg.
new delhi
110021 india
tel: 011-91-11-2331-0080
* panama city, panama
cbp representative
american embassy
calle 38 amp; avenida balboa
panama city, panama
tel: 011-507-225-7562
singapore
cbp representative
american embassy
27 napier road
singapore 258508
tel: 011-65-476-9020
pretoria, south africa
ice attacheacute;
american embassy
877 pertorius
arcadia, pretoria 001
tel: 011-27-12-342-8062
*bangkok, thailand
cbp representative
sindhorn building
130-1332 wireless road
tower 2, 12th floor
bangkok 10330
tel: 011-66-2-205-5015
9
london, united kingdom
cbp representative
american embassy
24/31 grosvenor square
london, w1a 1ae
tel: 011-44-207-894-0070
10
suggestions to the exporter
for faster clearance of your merchandise:
1. include all information required on your customs invoices.
2. prepare your invoices carefully. type them clearly. allow sufficient space
between lines. keep the data within each column.
3. make sure that your invoices contain the information that would be shown on a
well-prepared packing list.
4. mark and number each package so it can be identified with the corresponding
marks and numbers appearing on your invoice.
5. show a detailed description on your invoice of each item of merchandise
contained in each individual package.
6. mark your goods legibly and conspicuously with the country of origin unless they
are specifically exempted from country-of-origin marking requirements, and with
such other marking as is required by the marking laws of the united states.
exemptions and general marking requirements are detailed in chapters 29 and 30.
7. comply with the provisions of any special laws of the united states that may
apply to your goods, such as laws relating to food, drugs, cosmetics, alcoholic
beverages, radioactive materials, and others. (see chapters 33, 34 and 35.)
8. observe the instructions closely with respect to invoicing, packaging, marking,
labeling, etc., sent to you by your customer in the united states. he or she has
probably made a careful check of the requirements that will have to be met when
your merchandise arrives.
9. work with cbp to develop packing standards for your commodities.
10. establish sound security procedures at your facility and while transporting your
goods for shipment. do not give narcotics smugglers the opportunity to introduce
narcotics into your shipment.
11. consider shipping on a carrier participating in the automated manifest system
(ams).
12. if you use a licensed customs broker for your transaction, consider using a firm
that participates in the automated broker interface (abi).
11
entry of goods
2. entry process
when a shipment reaches the united states, the importer of record (i.e., the
owner, purchaser, or licensed customs broker designated by the owner, purchaser, or
consignee) will file entry documents for the goods with the port director at the goods'
port of entry. imported goods are not legally entered until after the shipment has arrived
within the port of entry, delivery of the merchandise has been authorized by cbp, and
estimated duties have been paid. it is the importer of record's responsibility to arrange for
examination and release of the goods.
pursuant to 19 u.s.c. 1484, the importer of record must use reasonable care in
making entry.
note: in addition to contacting cbp, importers should contact other agencies when
questions arise about particular commodities. for example, questions about products
regulated by the food and drug administration should be forwarded to the nearest fda
district office (check local phone book under u.s. government listings) or to the import
division, fda headquarters, 301.443.6553. the same is true for alcohol, tobacco,
firearms, wildlife products (furs, skins, shells), motor vehicles, and other products and
merchandise regulated by the other federal agencies for which cbp enforces entry laws.
appropriate agencies are identified on page 197.
addresses and phone numbers for these agencies are listed in the appendix.
goods may be entered for consumption, entered for warehouse at the port of
arrival, or they may be transported in-bond to another port of entry and entered there
under the same conditions as at the port of arrival. arrangements for transporting the
merchandise in-bond to an in-land port may be made by the consignee or by a customs
broker or by any other person with an interest in the goods for that purpose. unless your
merchandise arrives directly at the port where you wish to enter it, you may be charged
additional fees by the carrier for transportation to that port unless other arrangements
have been made. under some circumstances, your goods may be released through your
local port of entry, even if they arrive at a different u.s. port from a foreign country.
prior to the goods' arrival, arrangements for entry must be made at the cbp port of entry
where you intend to file your duties and documentation.
goods to be placed in a foreign trade zone are not entered at the customhouse.
see chapter 41 for more information on foreign trade zones.
evidence of right to make entry
goods may only be entered by their owner, purchaser, or a licensed customs
broker. when the goods are consigned ldquo;to order,rdquo; the bill of lading, properly endorsed by
12
the consignor, may serve as evidence of the right to make entry. an air waybill may be
used for merchandise arriving by air.
in most instances, entry is made by a person or firm certified by the carrier
bringing the goods to the port of entry. this entity (i.e., the person or firm certified) is
considered the ldquo;ownerrdquo; of the goods for customs purposes.
the document issued by the carrier for this purpose is known as a ldquo;carrierrsquo;s
certificate.rdquo; an example of this certificate is shown in the appendix. in certain
circumstances, entry may be made by means of a duplicate bill of lading or a shipping
receipt. when the goods are not imported by a common carrier, possession of the goods
by the importer at the time of arrival shall be deemed sufficient evidence of the right to
make entry.
entry for consumption
entering merchandise is a two-part process consisting of: (1) filing the documents
necessary to determine whether merchandise may be released from cbp custody, and (2)
filing the documents that contain information for duty assessment and statistical
purposes. both of these processes can be accomplished electronically via the automated
broker interface (abi) program of the automated commercial system (acs).
entry documents
within 15 calendar days of the date that a shipment arrives at a u.s. port of entry,
entry documents must be filed at a location specified by the port director. these
documents are:
bull; entry manifest (cbp form 7533) or application and special permit for
immediate delivery (cbp form 3461) or other form of merchandise
release required by the port director,
bull; evidence of right to make entry,
bull; commercial invoice or a pro forma invoice when the commercial invoice
cannot be produced,
bull; packing lists, if appropriate,
bull; other documents necessary to determine merchandise admissibility.
if the goods are to be released from cbp custody at the time of entry, an entry
summary for consumption must be filed and estimated duties deposited at the port of
entry within 10 working days of the goods' entry.
surety
the entry must be accompanied by evidence that a bond has been posted with
cbp to cover any potential duties, taxes, and charges that may accrue. bonds may be
secured through a resident u.s. surety company, but may be posted in the form of united
13
states currency or certain united states government obligations. in the event that a
customs broker is employed for the purpose of making entry, the broker may permit the
use of his bond to provide the required coverage.
entry summary documentation
following presentation of the entry, the shipment may be examined, or
examination may be waived. the shipment is then released if no legal or regulatory
violations have occurred. entry summary documentation is filed and estimated duties are
deposited within 10 working days of the entry of the merchandise at a designated
customhouse. entry summary documentation consists of:
bull; return of the entry package to the importer, broker, or his authorized
agent after merchandise is permitted release,
bull; entry summary (cbp form 7501),
bull; other invoices and documents necessary to assess duties, collect statistics,
or determine that all import requirements have been satisfied. this paper
documentation can be reduced or eliminated by using features of the abi.
immediate delivery
an alternate procedure that provides for immediate release of a shipment may be
used in some cases by applying for a special permit for immediate delivery on cbp form
3461 prior to arrival of the merchandise. carriers participating in the automated
manifest system can receive conditional release authorizations after leaving the foreign
country and up to five days before landing in the united states. if the application is
approved, the shipment will be released expeditiously after it arrives. an entry summary
must then be filed in proper form, either on paper or electronically, and estimated duties
deposited within 10 working days of release. immediate-delivery release using form
3461 is limited to the following types of merchandise:
bull; merchandise arriving from canada or mexico, if the port director
approves it and an appropriate bond is on file,
bull; fresh fruits and vegetables for human consumption arriving from canada
or mexico and removed from the area immediately contiguous to the
border and placed within the importerrsquo;s premises within the port of
importation,
bull; shipments consigned to or for the account of any agency or officer of the
u.s. government,
bull; articles for a trade fair,
bull; tariff-rate quota merchandise and, under certain circumstances,
merchandise subject to an absolute quota. absolute-quota items require a
formal entry at all times,
bull; in very limited circumstances, merchandise released from warehouse
followed within 10 working days by a warehouse withdrawal for
14
consumption,
bull; merchandise specifically authorized by cbp headquarters to be entitled
to release for immediate delivery.
entry for warehouse
if one wishes to postpone release of the goods, they may be placed in a cbp
bonded warehouse under a warehouse entry. the goods may remain in the bonded
warehouse up to five years from the date of importation. at any time during that period,
warehoused goods may be re-exported without paying duty, or they may be withdrawn
for consumption upon paying duty at the duty rate in effect on the date of withdrawal. if
the goods are destroyed under cbp supervision, no duty is payable.
while the goods are in the bonded warehouse, they may, under cbp supervision,
be manipulated by cleaning, sorting, repacking, or otherwise changing their condition by
processes that do not amount to manufacturing. after manipulation, and within the
warehousing period, the goods may be exported without the payment of duty, or they
may be withdrawn for consumption upon payment of duty at the rate applicable to the
goods in their manipulated condition at the time of withdrawal. perishable goods,
explosive substances, or prohibited importations may not be placed in a bonded
warehouse. certain restricted articles, though not allowed release from custody, may be
warehoused.
information regarding bonded manufacturing warehouses is contained in section
311 of the tariff act (19 u.s.c. 1311).
unentered goods
if no entry has been filed for the goods at the port of entry, or at the port of
destination for in-bond shipments, within 15 calendar days after their arrival, the goods
may be placed in a general-order warehouse at the importerrsquo;s risk and expense. if the
goods are not entered within six months from the date of importation, they can be sold at
public auction or destroyed. perishable goods, however, and goods subject to
depreciation and explosive substances may be sold sooner.
storage charges, expenses of sales, internal revenue or other taxes, duties, fees,
and amounts for the satisfaction of liens must be taken out of the money obtained from
the sale of the unentered goods. claims for the surplus proceeds of sale may be filed with
the port director at whose instruction the merchandise was sent to sale. any claim for
such proceeds must be filed within 10 days of sale and supported with an original bill of
lading. a photostatic copy or certified copy of the bill of lading may be used if only part
of a shipment is involved in the sale. carriers, not port directors, are required to notify a
bonded warehouse of unentered merchandise. once notified, the bonded warehouse
operator/manager shall arrange for the unentered merchandise to be transported to his or
her premises for storage at the consigneersquo;s risk and expense. if the goods are subject to
internal revenue taxes, but will not bring enough to pay the taxes if sold at public auction,
15
they are subject to destruction.
mail entries
importers have found that in some cases it is to their advantage to use the national
postal servicemdash;that is, a country's mail system, rather than courier servicesmdash;to import
merchandise into the united states. some benefits to be gained are:
bull; ease in clearing shipments through cbp. the duties on parcels valued at
$2,000 or less are collected by the letter carrier who delivers the parcel to the
addressee (see note on page 16),
bull; savings on shipping charges: smaller, low-valued packages can often be sent
less expensively through the mails,
bull; no formal entry required on duty-free merchandise not exceeding $2,000 in
value,
bull; no need to clear shipments personally if under $2,000 in value.
joint cbp and postal regulations provide that all parcel post packages must have
a cbp declaration securely attached to the outer wrapping giving an accurate description
of the contents and their value. this declaration can be obtained at post offices
worldwide. commercial shipments must also be accompanied by a commercial invoice
enclosed in the parcel bearing the declaration.
each mail parcel containing an invoice or statement of value should be marked on
the outer wrapper, on the address side, ldquo;invoice enclosed.rdquo; if the invoice or statement
cannot be conveniently enclosed within the sealed parcel, it may be securely attached to
the parcel. failure to comply with any of these requirements will delay clearance of the
shipment through cbp.
packages other than parcel postmdash;for example, letter-class mail, commercial
papers, printed matter, or samples of merchandisemdash;must bear on the address side a label,
form c1, provided by the universal post union, or the endorsement ldquo;may be opened for
customs purposes before delivery,rdquo; or similar words definitely waiving the privacy of the
seal and indicating that cbp officers may open the parcel without recourse to the
addressee. parcels not labeled or endorsed in this manner and found to contain prohibited
merchandise, or containing merchandise that is subject to duty or tax, are subject to
forfeiture.
a cbp officer prepares the cbp entry (a form) for mail importations not
exceeding $2,000 in value, and the letter carrier at the destination delivers the parcel to
the addressee upon payment of duty. if the value of a mail importation exceeds $2,000,
the addressee is notified to prepare and file a formal cbp entry (also called a
16
consumption entry) for it at the cbp port nearest him. a commercial invoice is
required with the entry.
a cbp processing fee of $5.00 will be assessed on each item of dutiable mail for
which a cbp officer prepares documentation. the postal carrier will collect this nominal
fee on all dutiable or taxable mail along with the duty owed. there is also a postal fee (in
addition to prepaid postage) authorized by international postal conventions and
agreements as partial reimbursement to the postal service for its extra work in clearing
packages through cbp and delivering them.
note: the following general exceptions apply to the $2,000 limit:
bull; articles classified in subchapters iii and iv, chapter 99, harmonized
tariff schedule,
bull; billfolds and other flat goods,
bull; feathers and feather products,