In order to benefit from a non-hassle shipment, our customers would like to know what the requirements and procedures involved in the custom clearance and all related processes are expected to be completed, before, during and after that cargo movement is made.
This page includes the following information:
I. BASIC REQUIREMENTS FOR YOUR IMPORTATION.
These requirements will serve as a foundation to your importation. To fully understand the need of obtain the documents required previously to the movement, we include the following information:
1. Customs Bond.
This document is a surety bond used to protect the revenue(duties and taxes) or assure compliance with the laws, regulation or instructions directed to the bond holder for the intent use of Customs if deemed. If an importer chooses not to acquire a continuos custom bond for a period of one year and good at any port within custom territory of the United States because of the infrequence of importation, a SINGLE ENTRY BOND can be arranged for that importation only, at the time of importation.
2. Power of Attorney.
A power of attorney is the authorization to conduct business with Customs on behalf of the principal. The power of Attorney is in some cases limited to activities with U.S. Customs. A form 5291 will be sent to you by fax for proper signature and completion and returned to the broker to be filed for U.S. Custom compliance. A master power of Attorney can be download from this site.
3. Federal I.D. #.
A federal I.D. number is the number assigned to your company by the Federal Government at the time of registration.
II. INFORMATION TO PROCESS YOUR SHIPMENT.
Bo Burge, Inc. will also need to have the following information:
1. Commercial and technical name of the product to be imported in order to determine tariff classification, OGA requirements and others that could be assessed
2. Safety Data Sheets ( in case of HazMat -hazardous materials- merchandise)
3. NAFTA Certificate is required in order to assess a correct tariff classification, and the discussion of MARKING REQUIREMENTS to your entry prior to importation, if applicable.
4. Samples of the product in the following cases: if require FDA and it´s a first time importation, for inspection prior to arrival and first time importation of textile products for classification purposes.
We recommend the Mexican exporter supply the following documents:
1. Invoice. his document must include the following data: Date, invoice number, seller, buyer, description of merchandise, commercial or technical, country of origin, line item values, subtotal and total, weight in kilograms per line item or shipment terms, trailer number or railcar numbers.
2. Packing List
3. Analysis, if required by shipment and/or custom regulations.
4. Copy of the freight bill or carriers Bill of Lading.
5. If claiming NAFTA, a NAFTA Certificate of Origin is required to be filled before the shipment arrival or prior to importation.
6. Letter of Instructions which must include an overview of the invoice, routing instruction in the U.S. when not a true door to door shipment and, if needed, special instructions.
These documents should be faxed 24 to 36 hours before shipments arrive to the border in order to prepare and pre-file your shipments at Customs for a non-hassle importation.
In the event of railroad movement, it would be advisable to send documents at least 36 to 72 hours before shipment arrival, to prevent demurrage and penalties at the railroad station at the cost of importer.
IV. UPON ARRIVAL PROCEDURES.
1. Driver upon arrival will have instruction to call the Mexican Custom Broker.
2. Mexican Broker executes his exportation entry and notifies the American Broker in the U.S.
3. The U.S. Custom Broker will manifest truck or rail, to enter the U.S. for Custom Clearance
4. Bo Burge, Inc. will advice importer by fax as to the arrival and departure of your shipment
V. BILLING REQUIREMENTS BEFORE AND AFTER CUSTOMS CLEARANCE
1. A request for advances would be made bank to bank or check on the dutiable merchandise on or before the shipment arrival. U.S. Customhouse Brokers have 10 days to deposit duties with U.S. custom from the date of entry.
2. A request would also be made of freight charges, prepaid, prior to shipment of merchandise, unless a door to door shipment is in place.
3. Bo Burge Inc., will invoice all charges, other than advances made for duties, taxes and freight to the importer of record.
4. REASONABLE CARE FOR IMORTERS
The following descriptions are intended for general reference and are not to be taken as definitive advice for import compliance, nor a complete list of requirements. The importer is responsible for understanding and complying with all regulations.
The Modernization Act
In December, 1993 the President signed into law this act which provided for customs to reorganize itself, increase efficiency and continue its automation process. Additionally, the burden for compliance with the regulations was shifted to the importer and customs broker.
The importers burden to exercise reasonable care in conducting customs business and in employment of a customs broker means that the importer is expected to know and understand the customs laws and regulations and ensure compliance when conducting customs business. An importer may rely upon the advice and counsel of an expert to be in compliance. This can include a customs broker, a customs attorney, a consultant or other party sufficiently knowledgeable.
It is incumbent upon the importer to be aware of this burden and to take steps to address the compliance requirements. Generally speaking, a customs broker provides a customs clearance service for the specific shipment or shipment(s) they handle based upon the information and documentation presented by the importer or shipper. The broker may not assume the importer is relying upon the broker to advise the importer of all compliance requirements, to double-check all facts stated or not, and to review the importers compliance requirements. Both parties need to be clear as to the nature of the relationship.