TLA-Three Letter Acronyms December 15, 2010 Presenter Adrienne Graddy-Corporate Director Compliance Solutions Associated with BDP since 1994, various compliance roles. 18 month hiatus with major food company initiating both an import and export compliance program. Licensed Customhouse broker since 1990. Delivery and management of BDP internal audits, compliance manuals, and comprehensive internal and external training and audit programs. Overview • • • In addition to “three” letter acronyms, we will touch on a few two and four letter acronyms. Some of the acronyms relate directly to the import process; some relate to transportation (either inbound or outbound); and some relate to supply chain and logistics. These are some of the most popularly used in everyday conversation in international trade. The Path Through The Alphabet Import entry/transaction specific Participating Government Agencies (PGA’s) Transportation/Logistics/Supply Chain Import entry/process specific ABI-Automated Broker Interface CBP’s electronic system used by all brokers to transmit and receive information concerning CBP clearance and release of merchandise. ACH-Automated Clearing House Electronic debit from specified account for payment of duties, fees, and taxes on 10th day after entry. May be a paid from a broker or importer account. Statement processing allows for payment of many entries with a single payment. ACS-Automated Commercial System CBP’s integrated comprehensive tracking system for the acquisition, processing and distribution of import datanow migrating to ACE-Automated Commercial Environment. ACE-Automated Commercial Environment CBP’s single clearinghouse data system to replace ACS Allows earlier visibility for security screening and targeting ADD-Anti-dumping duty Additional duty deposited on specific goods from selected suppliers to discourage under priced selling of foreign goods in the U.S. that may hurt or disadvantage U.S. manufacturers. AII-Automated Invoice Interface A mirror image of the commercial invoice submitted to CBP electronically; required for Remote Location Filing (RLF). Can be used outside the RLF environment. AMS-Automated Manifest System System used by the carrier to input data into ACE. Information transmitted via ABI is matched to information provided in AMS, to allow CBP release. CBP-Customs and Border Protection Department of Homeland Security (DHS) agency responsible for import/export activity, and securing the nations borders. CHB-Customhouse Broker Individual or corporation licensed by CBP to transact “Customs Business” on behalf of others. CVD-Countervailing Duty Additional duty deposited on specific goods from selected suppliers to discourage under priced selling of foreign goods in the U.S. that may hurt or disadvantage U.S. manufacturers. C-TPAT-Customs Trade Partnership Against Terrorism Security program established by CBP after 911 to secure the import supply chain from point of origin to final destination in the U.S. Program is voluntary; benefits extended to importers in exchange for participation. DHS-Department of Homeland Security A Cabinet department of the U.S. federal government with the primary responsibilities of protecting the territory of the U.S. from terrorist attacks and responding to natural disasters. DOC-Department of Commerce Their mission is to help make American businesses more innovative at home and more competitive abroad and is comprised of 12 different agencies responsible for everything from weather forecasts to patent protection. DOJ-Department of Justice The U.S. federal executive department responsible for the enforcement of the law and administration of justice, led by the Attorney General, who is nominated by the President. FA-Focused Assessment Based on selection criteria of CBP, an FA is a full blown audit of your import transactions; advance written notification is provided, opening conference, closing conference, and recommendations for compliance improvements. CBP may be on site for an extended period of time; many of the audit processes involve accounting/finance, recordkeeping, and your company’s compliance program including a compliance manual. FTA-Free Trade Agreements Goods are entered into the US duty free or at a reduced duty rate, under specific requirements and/or documentation. FTZ-Foreign Trade Zone A secure area under CBP supervision that is considered outside the “Customs territory of the U.S.” Internationally, they are known as free-trade zones. GO-General Order Goods are taken into a CBP General Order warehouse if entry is not filed within 15 days after arrival of goods. Items remaining beyond six months are considered abandoned and can be destroyed or sold at auction by CBP. GSP-Generalized System of Preferences – 1974 Duty free program allowing for duty free treatment of goods from specific countries. Special terms and conditions. Must be renewed periodically by Congress. HMF-Harbor Maintenance Fee Fees assessed on import and export shipments to cover maintenance of harbors; assessment based on value of the shipment and is currently at .125%. HTSUS-Harmonized Tariff Schedule of the United States An organized numeric listing of goods and their applicable duty rates for commodities imported into the U.S. This book also defines statistical reporting requirements IOR-Importer of Record U.S. party responsible to comply with all laws and regulations governing importation of goods, including record retention, duty payment, Reasonable Care IPR-Intellectual Property Rights Articles of foreign or domestic manufacture bearing a mark or name copying or simulating a recorded trademark or trade name will be denied entry and are subject to forfeiture. U.S. trademarks, U.S. trade names and U.S. copyrights may be recorded with CBP for protection. ISA-Importer Self Assessment IOR monitors own compliance in exchange for less oversight from CBP. MPF-Merchandise Processing Fee Fees charged by CBP for the processing of paperwork (and other related expenses) on most imports. Assessment is based on .21% of the value of the goods, minimum $25.00, maximum $485.00 per entry. MID-Manufacturers Identification Code A CBP constructed code which indicates the invoicing party on the commercial invoice. NAFTA-North American Free Trade Agreement Law signed into effect December 8, 1993 that included the “Mod Act”. This preferential duty program allows for duty free treatment of goods shipped between the U.S., Canada & Mexico. NDC-Non-dutiable Charge With appropriate Incoterms, international transportation and insurance may be deducted from the dutiable value, prior to duty calculation. NDC’s can only be deducted based on actual costs. Foreign inland freight may or may not be deductible. NILS-National Importer Liquidation Service Compilation of all entries made by a single importer, regardless of number of brokers filing on their behalf. This information is furnished to the single designated broker electronically through ABI. NTR-Normal Trade Relations Status granted to individual countries by the U.S. allowing for importation of goods originating in those countries to receive preferential duty treatment. Formerly known as MFN (Most Favored Nation) PEA-Post Entry Amendment Document and method to make correction on a post entry basis; can be submitted as soon as error is discovered, but not later than 20 days prior to liquidation of an entry. PMS-Periodic Monthly Statement Duty is paid to CBP on the 15th business day of following month after release. This can allow for up to 45 days “float” of duty payments. POA- Power of Attorney (CBP Form 5291) Document completed by an officer of an importer authorizing named entity to transact “Customs business” on their behalf. All BDP employees have an employee POA issued by the corporate regulatory compliance group granting permission to sign CBP documents. OASIS-Operational and Administrative System for Import Support This is the electronic system that is used to input and transmit FDA information on commodities that are subject to FDA jurisdiction. The system resides within CBP’s ACS, which serves as a pass through mechanism for the data. QRA-Quick Response Audit An audit done by CBP on a single area/focus, i.e. Chapter 98, GSP, etc. Audit referral can come from anyone within CBP. Although limited to a single focus, can be expanded based on CBP’s review of the single issue. RLF-Remote Location Filing Allows approved participants to electronically file an entry from a location other than where the goods will arrive or be examined. Paperless by definition; however entries that Require paper documentation for PGA’s cannot be filed via RLF. Transmissions must exactly mirror the paper documentation. SEB-Single Entry Bond (Single Transaction Bond STB) Importers obtain a single entry bond for a single shipment. It covers only the entry or transaction for which it was written. The bond amount for a single entry bond is not less than the total entered value plus all duties, taxes, and fees. If merchandise is subject to other federal agency requirements or is restricted merchandise, the bond amount set is not less than three times the total entered value of the merchandise. TEV-Total Entered Value Amount listed on the CBP 7501, indicating the total value of the goods entered. and the value on which duties and fees are calculated. May be the same or different as the Invoice Value (IV) Participating Government Agencies (PGA’s) Participating Government Agencies • • • There are many other government agencies that also require information prior to release of goods imported into the U.S. These agencies have first right of refusal to disallow entry of goods. Some agencies receive information electronically and others in hard copy documentation. Participating Government Agencies APHIS-Animal and Plant Inspection ServiceDepartment of Homeland Security Policies to safeguard the U.S. from agricultural pests; WPM (wood packing material) ; permits to import timber or timber products; PPQ-plant protection and quarantine; importation and exportation of live animals (veterinary services); foot and mouth disease; importation of special meats such as mutton (prohibited). Lacey Act enforcement. Hard copy documentation required in most cases. Participating Government Agencies ATF-Alcohol, Tobacco & Firearms-Department of Justice Regulates the import of alcoholic spirits, wines and malt liquors, and the requirements for packaging and labeling; manufactured tobacco, cigarettes and cigars (Cuban cigars are prohibited). IR-Internal Revenue taxes due on alcohol beverages, tobacco products and cigarette papers and tubes. Hard copy documentation is required in most cases. Participating Government Agencies CPSC-Consumer Products Safety CommissionIndependent Regulatory Agency-1972 Mandated to “protect the public against unreasonable risks of injuries and deaths associated with consumer products”. Have jurisdiction of approximately 15,000 products such as drip coffee makers, lawn mowers, pool covers, ATV’s, and toys. Hard copy documentation is required upon request from the CPSC. Participating Government Agencies DEA-Drug Enforcement Administration-Department of Justice Regulates the importation and exportation of controlled substances. Hard copy forms (import permit and export permit) are required. DOT-Department of Transportation-Federal Highway Administration Regulates carriage of goods within the U.S.; hazardous materials, overweight containers, importation of motor vehicles; motor vehicle equipment subject to Federal Motor Vehicle Safety, Bumper and Theft Prevention standards. Import data can be transmitted electronically. Participating Government Agencies EPA-Environmental Protection Agency-Independent Regulatory Agency Regulates importation of insecticides, fungicides, rodenticides (FIFRA), pesticides, Freon, (banned from import), devices, toxic substances (under TSCA); Works with DOT on importation of automobiles under Federal Air Pollution Regulations. Some data concerning auto imports can be transmitted electronically, however a majority of imports require hard copy documentation. Participating Government Agencies FCC-Federal Communications CommissionDepartment of Heath and Human Services, Food and Drug Administration - FDA Regulates products subject to radiation control standards (electronics such as television receivers, microwave ovens, certain laser products, diagnostic equipment such as x-ray machines, etc). Hard copy import documentation is required, although a small portion can be transmitted electronically. Participating Government Agencies FDA-Food and Drug Administration-Independent Regulatory Agency Regulates the importation of cosmetics, foods, drugs, the re-labeling of these items, & medical devices for safety, effectiveness, and special controls. A seven character alpha-numeric code is transmitted electronically. This code identifies the industry, product, type of packaging and dimensions, foreign supplier & corresponding authorization code. FDA Bio-Terrorism Act BTA Prior Notice PN-Prior Notice is to be filed with FDA up to10 days prior to arrival at first USA port. Articles of food or drink used for man or animals, including dietary supplements Chewing gum Articles used as components of any such article except for food contact substances and pesticides ALL shipments must include a facility registration number. Participating Government Agencies FWS-Fish and Wildlife Service-Department of the Interior Regulates endangered species, captive-bred wildlife, domesticated animals, insects, birds, fish, for importation and exportation. FWS usually works with zoos and scientists, and has regulations concerning humane and healthy transport. Import data can be transmitted electronically, but hard copy documentation is additionally required. Most common imports deal with sponges and feathers. Participating Government Agencies NOAA-National Oceanic & Atmospheric Administration National Marine Fisheries Service-Department of Commerce Regulates all importation of frozen tuna and/or processed tuna products. Hard copy documentation is required. Participating Government Agencies TSCA-Toxic Substances Control Act-EPA -1976 EPA has been given broad authority to issue regulations designed to gather health/safety and exposure information on, require testing of, and control exposure to individual chemical substances, chemical mixtures and articles. All imports of chemical substances, chemical mixtures or articles are subject to TSCA. Import data can be transmitted electronically, however can change with each entry of product. TSCA is currently undergoing modernization to share resources, information, and expectations with the trade. Transportation/Logistics/Supply Chain B/L or BOL-Bill of Lading Document used to move ocean cargo. One original of three must typically be presented to obtain possession of the shipment. CFR-Code of Federal Regulations Publications of regulations i.e. Customs Regulations are 19CFR (called Title 19); FDA Regulations are contained in 21CFR (called Title 21); EPA Regulations are contained in 40CFR (called Title 40), etc. CFR’s cover all types of regulations such as Housing and Urban Development (24CFR), the FAA (14CFR), etc. CFS-Container Freight Station CBP bonded facility that it utilized for devanning import consolidations. Goods are discharged from a CFS upon presentation of a certified CBP release. Goods must be released within 15 days of arrival or can be taken into General Order (GO) by CBP. This facility cannot be used as an ongoing storage facility, nor can cargo be sorted, packaged, or otherwise manipulated. DG-Dangerous Goods DO-Delivery Order Document to indicate delivery instructions for inland (usually local) movement of goods after Customs clearance. Goods move on this document as domestic cargo. FMC-Federal Maritime Commission The Bureau conducts investigations into and monitors the activities of ocean common carriers, ocean transportation intermediaries ("OTIs")(non-vessel-operating common carriers ("NVOCCs"), freight forwarders, shippers, ports and terminals, and other persons to ensure compliance with the statutes and regulations administered by the Commission. Investigations are conducted into alleged violations of the full range of statutes and regulations administered by the Commission. IATA-International Air Transportation Association All airline rules and regulations are defined by IATA. The main aim is to provide safe and secure transportation to its passengers. ICAO-International Civil Aviation Organization Adopts standards and recommended practices concerning air navigation, its infrastructure, Flight inspection, prevention of unlawful interference, and facilitation of border-crossing procedures for international civil aviation. IE- Importation for exportation IT- Goods passing through a the U.S., in bond, (CBP custody), without entering the commerce of the U.S. Duty has yet to be paid on the goods. Incoterms-International Commercial Terms Eleven terms of international shipment that identify risks between buyer and seller. Not law-do not convey title. Newest version effective January 2011, titled Incoterms Rules 2010. IMDG Code-International Maritime Dangerous Goods Code International guideline to the safe transportation or shipment of dangerous goods or hazardous materials by water on vessel. LC-Letter of Credit A document issued by a bank, on behalf of an importer or exporter, guaranteeing payment for delivery of goods, subject to successful completion of the terms and conditions stipulated. NVOCC-Non-vessel Operating Common Carrier A transport service that purchases “space” on vessels from a common carrier; example, BDP Transport. An NVOCC does not own or operate vessels but files rates into a tariff governed by the FMC. Operates almost identically as a carrier who owns vessels without having the liability of ownership, maintenance, or insurance. PL or P/L Packing List Document prepared by the supplier of the goods which indicated the kind and quantity of merchandise contained in the shipment. WPM -Wood Packing Material Logs, lumber, dunnage, crating, pallets, drums, cases, packing blocks, spools, skids and other unmanufactured wood items must be treated or fumigated with preservatives/chemicals and marked with approved international mark. This mark consists of the International Plant Protection Convention (IPPC) logo and the two letter International Standards Organization (ISO) code for the country which treated the WPM. Paper certifications are not required, nor accepted. Thank you! BDP International thanks you for your time and participation. Our next webcast in this complimentary series will be Duty Free Opportunities on Wednesday, January 12 at 1:00PM Central time. Thank you! To register for the January 12 or any other session, go to: http://www.bdpinternational.com/news/Events.asp Registration is required for each event. Upon successful registration, you will receive an email with logon details. A copy of this presentation will be available on this same link Thursday afternoon listed under today’s date and the event BDP’s 101 Complementary Webinar-Three Letter Acronyms Contact Information Adrienne Graddy Corporate Director, Compliance Solutions 875 Devon Avenue Elk Grove Village, IL 60007 Direct: 847-350-2156 Email: [email protected] www.bdpinternational.com
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