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US Import & Export Laws and Regulations

US Import and Export Optimisation

ICS Global Services is a consultancy specialising in international business, import, and export optimisation. We have successfully completed countless US import and export projects with quick outcomes and benefits. In the USA, we have considerably increased our clients' bottom lines in the short and long term. Utilising a consulting firm like ICS Global Services can help clients reduce errors and costs while saving time when selling their goods in the US market or exporting goods from the US.

We have created this guidance to assist importers and exporters with varying levels of experience. If your company is trading internationally presently or plans to in the future, the following information will help you grasp the complexities of US import and export regulations.

ICS Global Services - US Import & Export

US Import and Export Responsibilities

To maximise adherence to legal requirements, U.S. Customs and Border Protection (CBP) and the U.S. importing and exporting community have a shared obligation. To fulfil this duty, CBP encourages importers and exporters to familiarise themselves with relevant laws and US import and export regulations and collaborate with the CBP Office of Trade to safeguard American consumers against dangerous and counterfeit imports by confirming that the products that are brought into the country are authentic, secure, and legally sourced.

Importing

U.S. Customs and Border Protection (CBP) expects importers of record to take responsibility for their actions and provide proof that they are reasonable. Basically, an importer of record must demonstrate reasonable care when importing goods. The U.S. importer of record is the party in charge of making sure imported goods abide by all laws and customs regulations in the USA. This is usually the product owner, but it could also be a designated person or a customs broker.

Although importers from other countries are not required by CBP to hold a licence or permit to import goods, all items entering the country are subject to customs clearance and duties unless they are specifically exempt. The importer of record and their goods must take the required entry, examination, valuation, classification, and clearance steps in order to receive customs clearance from CBP.

Exporting

Several U.S. government entities restrict the export of software, technology, and commodities. The Bureau of Industry and Security (Department of Commerce), the Directorate of Defence Trade Controls (Department of State), and the Office of Financial Asset Controls (Department of Treasury) are the three primary agencies responsible for supervising most regulations. If goods are deemed dual-use, they will come under the Department of Commerce's jurisdiction.

The Department of State regulations will take precedence over products and actions developed and carried out primarily for military use. The Department of Treasury regulations usually take precedence when travel or activities involve a country that is embargoed, sanctioned, or involves any other third party. Nonetheless, there may be instances where the Treasury requirements and other legislation overlap, particularly in situations where a physical export is involved.

US Import & Export Services

ICS Global Services - Controlling US Imports & Exports

U.S. Agencies Controlling Imports and Exports

The following U.S. government agencies are the main organisations that oversee most US import and export regulations:

Imports

Customs and Border Protection (CBP)

United States Customs and Border Protection (CBP) is responsible for border management and control, combining customs, immigration, border security, and agricultural protection. CBP is a federal law enforcement agency that is part of the United States Department of Homeland Security (DHS) and is responsible for trade laws as well as collecting import duties. A federal law enforcement organisation, CBP is a division of the Department of Homeland Security (DHS).

Exports

Department of Commerce, Bureau of Industry and Security

The Bureau of Industry and Security (BIS) oversees most goods exported from the United States. It oversees several important facets of export compliance, such as the application and enforcement of the Export Administration Regulations (EAR). The Commerce Control List (CCL) contains a list of products that fall under the regulations.

Department of the Treasury—Office of Foreign Assets Control (OFAC)

Economic sanctions programmes are administered and enforced by the Office of Foreign Assets Control, mainly targeting nations and groups of people, such as terrorists and drug traffickers. The objectives of foreign policy and national security are achieved using trade restrictions and the blocking of assets, which can be selective or comprehensive in nature.

The Directorate of Defense Trade Controls (DDTC)

In compliance with the International Traffic in Arms Regulations (ITAR) and the Arms Export Control Act (AECA), the Department of State's Directorate of Defense Trade Controls (DDTC) is tasked with regulating the export and temporary import of defence goods and services listed on the U.S. Munitions List (USML).

ICS Global Services - US Import & Export Regulations

US Import and Export Regulations

U.S. agencies encourage importers and exporters to become familiar with applicable laws and regulations. The success of businesses depends on their understanding and observance of all applicable import and export regulations and laws in the USA and the overseas region in which they are conducting business.

Export Regulations

When exporting, businesses need to determine whether their product, technology, or service might need an export license. These may need to follow the Export Administration Regulations (EAR) as administered by the U.S. Department of Commerce’s Bureau of Industry and Security, as well as the role of the U.S. State Department’s Directorate of Defense Trade Controls, and the U.S. Department of the Treasury’s Office of Foreign Assets Control.

The Export Administration Regulations (EAR) are controlled by the U.S. Department of Commerce and the U.S. Department of State to regulate “dual-use” items. These types of goods and related technical data are any items that are made for commercial use but could also have military applications. The Export Administration Regulation (EAR) governs the export of dual-use goods and technologies. Depending on the item's specifications, the destination country, and the intended use, licences may be required for some exports.

Import Regulations

The Mod Act was introduced with two concepts: “informed compliance” and “shared responsibility.” The Mod Act essentially changed the US Customs and US Importer relationship by giving importers more legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise as well as for upholding compliance with import laws and regulations. This heightened the conversation about import trade compliance and maximised voluntary compliance with laws and regulations of U.S. Customs and Border Protection (CBP).

Establishing an Import Compliance programme is one of the best ways to avoid infractions and associated fines. These are some of the areas that should be covered: