Customs and Border Protection October 10 2017 1 Customs and Border Protection CBP Mission Statement CBP is responsible to administer and enforce all Federal laws including all Partner Government Agency PGA laws at the border ID: 724629
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Department of Homeland Security Customs and Border ProtectionOctober 10, 2017
1Slide2
Customs and Border Protection (CBP) Mission Statement:
CBP is responsible to administer and enforce all Federal laws including all Partner Government Agency (PGA) laws at the border.
We are the frontline at the border to ensure that nothing detrimental or harmful to our country or it’s citizens crosses our borders.
2
To safeguard America's borders, thereby protecting the public from dangerous people and materials while enhancing the Nation's global economic competitiveness by enabling legitimate trade and
travel.Slide3
How does CBP protect our borders?
By working in partnership with government agencies such as the EPA, FDA, CDC and several other esteemed agencies present today.
By enforcing Federal laws such as:
United States Code
Code of Federal Regulations
Customs Modernization Act
Toxic Substance Control Act
Bioterrorism Act
3Slide4
Customs Modernization Act Title VI of the North American Free Trade Agreement Implementation Act December 8, 1993
It’s aim was to increase the voluntary compliance with customs laws and
to improve customs
enforcement. It
introduced the concept of
"informed compliance"
and
"shared responsibility."
These concepts are
based on
the idea that to maximize voluntary compliance with Customs laws and regulations, the trade community needs to be clearly and completely informed of its legal obligations. The Mod Act imposes a greater obligation on Customs to provide the public with improved information concerning the trade community's responsibilities and rights under Customs and related laws
.
B
oth
the trade and Customs share responsibility in carrying out import requirements:CBP: Providing an atmosphere of informed compliance.Importer: The trade community shall exercise reasonable care. Classification and valuation of goods are the responsibility of the importer.
4Slide5
5Customs Importer Resources
Informed Compliance Pubs
: CBP has published
95 importation guides that are available online for free download. Most are
commodity specific
but some will give you a better understanding of how a broker can help you and
provide basic
importation terminology.
Available at: https://www.cbp.gov/trade/rulings/informed-compliance-publications
Examples: Reasonable Care Record Keeping
Rules
of
Origin Customs Brokers
Tariff Classification
Customs Value
Terminology & Methods
for
Marking
of Country of Origin
on
U.S.
Imports
While these resources will help you understand the importation process, they are not enough to prevent you from experiencing importation pitfalls.Slide6
Role of the Broker
Broker Responsibilities: to facilitate Customs business on behalf of the Importer.
Records Management – retention, confidentiality, available to CBP, audit/inspection
.
Responsible
supervision and control of business:
Making
sure that all employees conduct
Customs procedures
as if they were doing it
for themselves.Diligence in correspondence and paying monies. They take care of the details leaving you free to tend to other business matters.
6Slide7
Role of the Broker, cont.
Why does a Broker Require a Power of Attorney?
A Customs Broker is a person who is
licensed and regulated by U.S. Customs and Border Protection to conduct Customs business on behalf of others.
Customs business means those activities involving transactions with CBP concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or
owed to CBP
on merchandise by reason of
its
importation, and the refund, rebate, or drawback of those duties, taxes, or other charges.
Except when importing for one’s own account, or acting as an employee of a broker, a person must obtain a customs license in order to transact customs business as a broker
.
The Power of Attorney is the
legal document
that provides the Broker with the authority to act on behalf of the importer (as
your agent). 7Slide8
Role of the Broker, cont.
Duties of a Broker to Ensure a Proper Entry:Ensure importers Right to Make
Entry: Goods may only be entered by their owner, purchaser, or a licensed customs broker.
Examination of goods and entry documents
preparation:
Filing the documents necessary to determine whether the biologicals may be released by CBP.
Filing the documents that contain information for duty assessment and statistical purposes.
The
shipment may be examined or examination may be waived. The shipment is then released if no legal or regulatory violations have occurred
.
Once the goods are released from CBP custody, an entry summary must be filed and all estimated duties and fees must be paid within 10 working days of the goods’ entry.
8Slide9
Role of the Broker, cont.
Duties of a Broker to Ensure a Proper Entry:Determine
any applicable
duties and fees are paid:
Harbor Maintenance Fee (HMF)
Merchandise Processing Fee (MPF) (min. $25, max $485, Formal/Informal)
Special Commodity
F
ees: Cotton, Honey, Beef, Pork, and Alcohol
Antidumping and Countervailing fees
Use
all
resources
available to insure accuracy in entry
filingArrange the delivery of client’s goodsEducate on changes in Customs law and Trade issues
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Benefits of Using a Broker
Understands the Rule of Origin and Marking requirements
Knowledgeable
in Free Trade Agreements which could save you money
Assist with classification and value
concerns
Knowledge
of Special
Requirements:
CAS
Requirements - Chapters 27-29 and Subheading 3204
EPA - TSCA Requirements
Other Prohibitions, Restrictions and other agency
requirementsCan save you from costly mistakes and legal penalties caused by non-compliance 10Slide11
You choose…
Do I hire a broker or try to import on my own?
How to obtain a Customs Broker: Visit our
w
eb site at
https
://
www.cbp.gov/contact/ports
. Then
click on the State in which you will be importing into, click on the city, below the city information there is a link for Broker
listing.
11Slide12
What questions should you ask when hiring a broker?12
How long have you been practicing as a licensed customs broker
?
Are you employed as part of a customs brokerage (who are they?) or are you practicing as an individual licensed broker as a sole proprietor?
From which countries have you managed the export of biologicals from?
What
do
I need
to be concerned
with for my specific biological import?
What PGA’s and considerations need to be taken into account when importing biologicals? Will this slow the movement of my products through Customs? How can I as an importer obtain knowledge of PGA unique requirements?Slide13
Conclusion13
The role of the broker is to
facilitate customs business on behalf of the importer, and to encourage compliant
trade processes and practices. Brokers must be knowledgeable concerning importing and exporting transactions. By utilizing a broker you are facilitating the movement of your shipment and allowing the broker to manage your business to meet all federal requirements and safety guidelines
.
Importing
biological materials
is not as simple as buying a handbag for personal use from a website.
Biological importations require much consideration
,
the concerns of PGA’s – FDA, EPA, etc. are in place to protect both the importer and the general public and must be taken into account.
Laws are in place to protect the safety and security of our citizens and the environment. The importer
and/or
his agent (broker) are responsible for
ensuring PGA laws are respected during the import process.Slide14
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U.S. Customs and Border Protection
Pharmaceuticals, Health & Chemicals
Center of Excellence and Expertise1100 Raymond BoulevardNewark, NJ 07102
CEE-Pharmaceuticals@cbp.dhs.gov
Contact Information
Prepared by:
Sr. Import Specialist Kathy Brenske
Pharmaceutical, Health and Chemical CEE
Email: Kathy.Brenske@cbp.dhs.gov
U. S. Customs and Border Protection established the Center of Excellence and Expertise for Pharmaceuticals, Health & Chemicals as a central point of contact for inquiries and resolution of issues regarding Pharmaceutical, Health & Chemical imports.