US CUSTOMS REGULATIONS ON IMPORT AND EXPORT.
US Customs Department website: https://www.cbp.gov.
Customs of the United States of America comprising the 50 states, the District of Columbia (D.C) and Puerto Rico, the United States Customs Service (US Cusstoms) is an agency under the Department of the Treasury, headquartered in Washington, D.C. a Customs Council led then by the local Customs. In some countries, there is a Customs attache located in the US Embassy.
In Vietnam, there are many multinational companies, large-scale manufacturers with an increasing volume of exports to the US market, and along with a series of small companies that are also increasing the number of exports. to the United States in the near future.
When exporting to the United States, it is necessary to understand a number of regulations of the US Customs on imports, specifically as follows:
I. Temporarily imported goods.
The goods listed below that are imported into the United States not for the purpose of sale, will not be taxed, but must be re-exported within one year of the date of importation.
This term may be extended year by year, but not exceeding 3 years in total.
- Goods imported into the US are repaired or changed.
- Goods imported for processing or processing (including processing to become manufactured goods in the US) provided that the following conditions are met:
+ Not processed to be made in the United States, if (1) for processing into alcohol, wine, beer (2) for processing into perfume or any other product containing ethyl alcohol (3 ) to make a flour product.
+ If enterprises import to process goods made in the US, except for the above items, they will have to calculate the entire cost with the Customs office for all finished products, waste, and also the loss caused by processing, processing, and all finished products must be exported or destroyed under Customs supervision during temporary importation.
- Samples of women's clothing may be required to request a Quota (quota is a quota on the quantity (or value) of an item set by the state to be allowed to be exported (or imported) through the market and within the shortest period of time) fixed (usually not more than 1 year)).
- Magazines, fashion catalogs for product introduction and advertising.
- Samples used to order may be subject to quotas.
- Goods for testing purposes, including sketches, drawings and photos for testing.
- If these goods are destroyed during the test, satisfactory evidence shall be provided.
- Cars, motorcycles, bicycles, airplanes, air balloons, ships and other vehicles are brought into the US to participate in races, after the temporary import period expires, if these vehicles are not allowed to enter the US. re-export will be confiscated.
- Gas containers, full or empty, and containers used to hold goods (including personal goods), during transport.
- Specialized equipment and tools, camping equipment brought in by foreigners or foreign organizations during their stay in the US.
- Animals and poultry brought into the United States to raise, exhibit, or participate in a race.
- Equip the stage, property and clothes brought into the US for the performance.
- Art products, paintings, photographs, scientific equipment for display purposes.
- Frames and components, and cross-sections of auto parts for display, provided that the foreign country of such goods is subject to the same permission for similar products from the United States.
II. Goods that are prohibited from being imported, restricted from entering or needing permission from the competent authorities.
- Goods that are prohibited or restricted from being imported are intended to protect the security of the United States, or to ensure the safety and hygiene of American consumers, or to conserve domestic plants and animals.
- Some goods are subject to quotas or restrictions under bilateral and multilateral trade agreements between the United States and other countries.
1. Cheese, milk and milk products:
Cheese and cheese products must comply with the requirements of the Food and Drug Administration (FDA) and of the United States Department of Agriculture, and most without applying for import permits and quotas from the Department of Agriculture and Rural Development. Foreign Affairs (FAS) of the United States Department of Agriculture.
Importing milk and ice cream is not subject to food laws and milk import laws. These products can only be imported by the following agencies: the Department of Health, the FDA, the Center for Food Safety and Nutrition, the Food Trademark Office, and the US Department of Agriculture.
This product group needs to register for FDA certification to enter the US market.
2. Fruits, vegetables and seeds of all kinds:
Some agricultural products include fresh produce such as: tomatoes, avocados (Avocado), mangoes, limes, oranges, grapes, peppers, Irish potatoes, cucumbers, eggs, dried onions, walnuts and filbert ;
canned fruits such as raisins, plums, and olives, must meet US import requirements for type, size, quality, and maturity. These goods are subject to inspection and an inspection certificate must be issued by the food safety and inspection agency under the Ministry of Agriculture, stating that they are suitable for import conditions. Other restrictions may be imposed by the USDA Plant and Animal Inspection Service under the "Plant Quarantine Act", and by the FDA under the Frederal Food, Drug and Cosmetic Act. .
This product group needs to register for FDA certification to enter the US market.
3. Live animals:
Must meet the inspection and quarantine conditions of the Animal and Plant Health Inspection Service (APHIS) for (1) cloven hoofed animals such as cattle, sheep, deer, antelope, camel, giraffe; (2) pigs, including wild hogs and their meat; (3) horse, asses, mule, zebrra; (4) animal by-products: hides, wool, feathers, bones, body parts or extracts (5) animal semen. (6) hay or hay, the above subject to an import permit from the above authority prior to delivery from the country of origin.
Imports of animals must be accompanied by their health certificate and may only be brought in through certain ports where quarantine facilities are located, some of which will be specifically designated upon import.
4. Meat and meat products:
Meat and products (from cows, sheep, pigs, goats and horses) imported into the US must comply with the regulations of the US Department of Agriculture and must be inspected by the Animal and Plant Health Inspection Service. (APHIS), and from a food safety inspection agency before being cleared for customs. Meat products from other animals (including wild animals) are subject to APHIS inspection and the requirements of the FDA's federal food, drug, and cosmetic law.
Thus, drug and cosmetic products are required to have FDA certification before entering the US market.
5. Trees and products from trees:
These products are subject to Department of Agriculture regulations, which may be restricted or prohibited. These products include fruits, vegetables, plants, roots, seeds, fibers from plants including cotton and brooms, cut flowers, sugar cane, certain cereals, timber, and lumber. , all require an import license.
6. Poultry and poultry products:
Raw, frozen or canned poultry, eggs, and egg products are subject to APHIS regulations and the U.S. Department of Agriculture's food safety inspection agencies.
Poultry is defined as domesticated, live or slaughtered species such as: chicken, turkey, duck, geese, swan, parritride, guinea fowl, young - migratory duck, pigeon.
Poultry food products require FDA registration before entering the US market.
Import of vegetable seeds and screning seeds is regulated by the Federal Seed Act 1939 and the regulations of the Agricultural Marketing Service of the United States Department of Agriculture.
8. Household electrical appliances:
Must have on the label the electrical standards and electricity consumption norms as prescribed by the Department of Energy and the Federal Trade Commission and by the law "The Enrgy Policy".
and Convention Act" for the following items: refrigerators, freezers, dishwashers, tumble dryers, water heaters, air conditioners, heating appliances, kitchen and oven electrical appliances, washing machines, dehumidifiers, humidifiers, central air conditioners, other household appliances.
9. Electronic goods:
Emission products, including sound: televisions, cold-cathode gas discharge tubes, microwave ovens, X-ray equipment, laser equipment, emitters and emitters
and other electronic devices must comply with the provisions of the Radaton Cotrol For Health and Safety Act 1968 and must fully declare as required.
10. Food, medicine, cosmetics and medical equipment:
Must comply with the provisions of the "Frederal Food, Drug and Cosmetic Act" managed by the FAS agency of the Ministry of Health. This law prohibits unbranded, poor quality and unsanitary items. Goods not guaranteed according to regulations will be forced to cancel or re-export to the country of origin.
These products must have FDA registration before being marketed in the US.
Many food items such as confectionery, dairy products, meat, eggs, fruits and vegetables are not subject to the above regulations.
Seafood is subject to regulations by the National Marine Fisheries Service of the Department of Commerce's Marine and Space Environment Administration.
TEXTILES, WOOL, FURN PRODUCTS:
Imported textile fiber products must bear a stamp, mark, or code as required by the "Texxtile Fiber Products Identification Act", unless exempted under section 12 of this law:
- Names and weight ratios of fiber components greater than 5% in the product, yarn components less than 5% are labeled "other fibers".
- The manufacturer's name and the name or registration number, issued by the Federal Trade Commission (FTC), of one or more sellers of these yarn products. Trademark names registered in the US may be included on the mark, if the mark is sent to the FTC.
- The name of the country where it was processed or manufactured.
Imports of woolen goods into the United States, excluding carpets, mats and products made more than 20 years prior to importation, will be subject to the provisions of the "Wool Products Labeling Act 1939".
- Percentage by weight of the constituent fibers of the wool product, excluding components less than 5% of the total weight: how many % wool, recycled wool, other non-wool fibers (if more than 5%) and the total yarns other than wool.
- Name of manufacturer or importer. If the import already has a number registered with the FTC, that number may be indicated in lieu of the name.
Fur or partial fur garments imported into the United States, except for new products with a unit price of less than $7, must be marked with a code according to the provisions of the "Fur Poducts Label Act".
- Name of producer or importer. If the importer already has a registration number with FPT, that number can be entered in lieu of the name.
- Note if damaged or old feathers are used.
- Specify if the hair is bleached or dyed.
- Specify if the fur consists of the whole or of specific animal parts.
- Name of the country of origin that imports feathers to make garment products. Trademarks, trademarks, copyrights.
14. Trademarks and trademarks:
Goods bearing a counterfeit or copied trademark, imitating a registered trademark of an American or foreign company, are prohibited from being imported into the United States. A copy of the trademark registration in the United States shall be filed with the Customs Commission and maintained as required.
The US Customs Department also has similar regulations for shipments with illegal trade names. Trademarks must be registered at Customs according to regulations.
It is illegal to import goods with an original trade mark owned by a U.S. citizen or company without the consent of the trademark owner. Either not the main company or branch of that company, or share ownership of the mark, which nevertheless, must be registered with Customs.
A "false trademark" is a trademark that is identical or nearly identical to a registered trademark. Imported goods with counterfeit marks will be confiscated to federal, state or local government funds, or transferred to charities, or auctioned if no agency needs to use them within a year. . However, the law also stipulates that certain items brought with people into the US are for personal use, not for sale.
Section 602(a) of the Copyright Act of 1976 states that importing into the United States copies of copies from abroad without the permission of the copyright holder and in violation of copyright law, and subject to arrest and confiscation. Copies will be destroyed; however, these goods can be returned to the exporting country if it can be proven to the customs authorities that the goods are not intentionally infringed.
Copyright owners wish to have their rights protected by the US Custom Service with the US Copyright Office and registered with Customs in accordance with applicable regulations.
16. Petroleum and petroleum products:
Imports of petroleum and petroleum products are subject to the requirements of the US Department of Energy. An import license is not required, but an import authorization is required from the US Department of Energy.
III. Import quota (import quota):
Most import Quotas are managed by the US Customs Service. The Commission of Customs controls the import of goods according to quotas but has no power to grant or change quotas.
Import Quota of the US can be divided into 2 types:
- Tariff - rate quota: stipulating the quantity of that item to be imported at a reduced tax rate for a certain period of time. There is no import quantity restriction for this item, but quantities above the quota for that period will be subject to a higher import duty.
- Absolute quota is a quota on quantity, ie the quantity exceeding the allowable quota will not be imported into the US during the quota period. Some quotas are universal, while others are specific to certain countries. Goods imported in excess of the quota will have to be re-exported or stored for the duration of the quota.
Terms that violate the law in commerce:
Those who violate the law on importing goods, including counterfeit goods, will be imprisoned or fined. Violators' goods may be confiscated, or temporarily seized to ensure payment of fines.
U.S. law provides that violations of making false declarations with U.S. Customs carry a maximum penalty of 2 years in prison, or $5,000, or both, for each violation or attempt.
Violations of illegal import of goods can result in imprisonment for up to 20 years or a fine of up to $500,000, or both, for each violation.
WON-MED CO., LTD
Head Office in Korea: Rm512, Hanshin IT Tower, 272, Digital-ro, Guro-gu, Seoul, Republic of Korea.
Contact in Vietnam: P7-43.OT09, Park 7, Vinhomes Central Park, 720A Dien Bien Phu, Binh Thanh, Ho Chi Minh City.
Tel: +84 (0) 283 620 6200 - Vietnam Hotline: 0325269326.
Email: [email protected]
Won-Med (a certification consulting organization headquartered in Korea) is an organization that provides European standard CE Marking certification services to help businesses qualify for export as well as improve product quality. products at a global standard. In addition, we also represent businesses in the US by providing FDA registration services to bring products into the US, product announcement FDA 510K, product announcement PMA.