The Federal Aviation Administration (FAA) recently announced that it's issuing civil penalties to 11 companies for allegedly offering undeclared hazardous materials for transportation. The penalties range from $54-91K. Ironically, many of the undeclared hazardous materials were discovered by transportation workers due to leaky packaging. Don't get stuck paying civil penalties like these companies. Remember to…
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The U.S. Department of Commerce is moving ahead with the Obama Administration's plan for simplifying the country's export control program. First on the agenda is streamlining the licensing process. Under the current setup, export licenses are issued by the Department of State and the Bureau of Industry & Security under the Department of Commerce. Exporters…
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The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) has updated the frequently asked questions (FAQ’s) document on the Lacey Act Declarations. The most important update is a new question that addresses the responsibilities of Importers of Record and Customs brokers for paper Lacey Act declarations. The FAQ…
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Client Alert Starting October 1, the U.S. Department of Transportation (DOT) will require shippers who use an emergency response information provider, such as Chemtrec, to provide the name and phone number of the emergency contact party on the dangerous goods declaration. The new rule (HM-206F) applies to all dangerous goods coming into or going out…
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During a recent trade outreach webinar, U.S. Customs listed some of the most common reasons for detention and seizure of exported goods. The reasons include, 1. Never filing/late filing of the Electronic Export Information in the Automated Export System (AES). 2. Declaring a commodity as under $2500 even though invoicing/other docs show that it's over…
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Photos of the MSC Chitra used with permission from the Law Offices of Countryman & McDaniel at www.cargolaw.com If a container vessel has an accident and needs to be towed to shore, who pays for the towing? Believe it or not, if the vessel can be saved, the shippers with cargo still on-board and the…
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If you import certain products listed under Chapter 44 of the Harmonized Tariff Schedule, "Wood and Articles of Wood", and those products are made of composite, recycled, or reused material, you might find filing a Lacy Act Declaration rather difficult. In fact, you might be particularly frustrated with the requirement of identifying the genus and…
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Since the beginning of this year, U.S. Customs has issued penalties for 1,300 Electronic Export Information (EEI) filing errors. If you're an U.S. exporter, watch out for these violations—the four most common export reporting errors according to U.S. Customs. EEI data elements—15 CFR 30.6 Incorrect port of export, etc. EEI filing procedures/deadlines—15 CFR 30.4 Late…
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Use this decision tree diagram to guide you through the screening process for sanctioned persons and entities (see Export Administration Regulations/EAR Part 744 + 764). Combine this check with diversion risk red flag checks, end-use checks, antiboycott checks, etc. in the screening procedures section of your export compliance manual. Sanctioned Persons & Entities Check [PDF]…
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New to exports and looking for a crash course on export controls? Download this three page guide, compiled from the Bureau of Industry and Security, for a straight forward introduction to the Export Administration Regulations and how to use them. What's covered -What is an export? -Export licenses -Export Control Classification Numbers -Restricted destinations -Prohibited…
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