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Imports into the United States
The U.S. Customers Service, part of the Department of Homeland Security,
provides an efficient, highly-automated system of customs inspection.
Much attention must be paid to invoices, bills of lading, packing lists,
entry manifests, surety papers, and the like. Commercially-available systems
for complying with the regime of customs regulations are readily available,
relatively inexpensive, and recommended. Non-lawyer import-export specialists
are often hired as well. Their help can be invaluable. For example, an
importer on his own may choose to import a small quantity of a product
in order to test whether it is importable and whether the customs service
will allow the product to be imported under a designation providing for
a lower tariff. This is a mistake - small imports often are processed
under informal procedures and so receive no close examination. Since you
will normally be advised by a non-lawyer specialist, this account will
focus on those aspects of importing when an importer will have recourse
to legal assistance.
The customs designation of a product is often a large issue since the
amount of import duty paid will depend on this designation, and the amount
of duty may vary greatly from product designation to product designation.
If an importer files a protest of a customs designation (termed a liquidation)
and the protest is denied, then he may turn to legal representation to
litigate the designation against the government. The importer has 180
days to file a summons with the U.S. Court of International Trade. Please
see the page on litigation for an idea of what litigation entails.
Some imports run up against the antidumping and countervailing duty laws.
Antidumping duties are imposed when the product will be sold at a price
below that of its fair market value, the price charged in the manufacturer's
home market. Countervailing duties are imposed on products that have received
some type of governmental subsidy when being manufactured. The Department
of Commerce, the International Trade Commission, and the Customs Service
each has a role to play in enforcing these laws. The laws are usually
enforced when a domestic industry trade association or manufacturer files
a petition with the Department of Commerce complaining of unfair competition.
The Department of Commerce and the International Trade Commission investigate
different aspects of the manufacturing of the product. Normally these
petitions are filed through attorneys in Washington, DC, who also attend
hearings here in Washington.
Always work with your import specialists in making sure that you comply
with other requirements as well, such as properly labeling the country
of origin. As well remember that many agriculture products must meet additional
requirements. Many other products must meet additional product standards,
most notably: arms and ammunition; energy conservation and safety standards
on consumer products; electronic products; foods, drugs, cosmetics, and
medical devices; gold, silver, currency, and stamps; toxic and hazardous
substances; textile, wool, and fur products; trademark, trade name and
copyright restrictions; wildlife and pets.
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