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By John Goodrich email
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Following is an exchange I had with an individual who did NOT
attend one of my NAFTA courses:
Dear John:
My question has to do with field 8 on the NAFTA country of
origin form. The instructions on the back of the NAFTA form state:
Field 8: For each good described in field 5, state "YES"
if you are the producer of the good. If you are not the producer
of the good, state "NO" followed by (1), (2), or (3),
depending on whether this certificate was based upon: (1)
your knowledge of whether the good qualifies as an originating
good; (2) your reliance on the producer's written representation
other than a Certificate of Origin) that the good qualifies as
an originating good; or (3) a completed and signed Certificate
for the good, voluntarily provided to the exporter by the producer.
What exactly should be understood as "your knowledge?"
What are the criteria to properly use this option? For instance,
if the good has a label saying "MADE IN USA," can this
option be applied?
Signed,
Just Another NAFTA Victim
Dear Jan V.:
Your question reminds me of the Michael Feldman radio show "Whad'Ya
Know?" Every week Michael begins his show by asking "Whad'Ya
Know?" The audience responds "Not Much! You?"
So I ask you Jan, "What do YOU know?" I mean, what do
you REALLY know from that "made in the USA" label? I would
suggest that while it tells you where the product was made, it does
not tell you enough to make a NAFTA claim.
Before we continue, let us all remember that country of origin
labels describe the country of origin of a product. Country of origin
is the country where a product takes on its essential character.
Under the NAFTA, country of origin is a much lower standard than
originating and qualifying for duty free treatment.
"Knowledge" can be defined differently depending on the
product and the supply chain. Your job is to try to make the strongest
possible case about "your knowledge." The regulators will
be reluctant to tell you specifically what you should do to confidently
state "NO-1." They will, however, challenge on your ability
to make a NAFTA claim without actually having communicated with
the producer of the good.
Customs' reasonable care guidelines would imply having some level
of documentation describing how you "knew" that the material
or good originated. Otherwise stated "your knowledge"
typically involves some type of first-hand experience with the product,
even though you might not have been the producer of that good.
For instance, let us say you are going to export apples. You arrange
with a grower to pick up the apples from their orchard in Washington
State. The grower knows nothing about NAFTA and doesn't issue any
written statements to you. In that case, you have knowledge that
the apples were grown in the U.S. and would qualify for NAFTA. To
strengthen your case, you might write a memo to your file about
your trip to the orchard and how you watched the apples being harvested
and packed and therefore how you "know" that the apples
qualify for NAFTA.
If you bought those very same apples from a food distributor in
the U.S. you have no absolute way of "knowing" that the
apples originate unless the distributor makes some guarantee to
you that the apples were grown in Canada, Mexico or the U.S. Even
if the distributor were to give you a NAFTA country of origin certificate
showing it as the producer or the issuer of the certificate, you
must still state "NO-1."
You should reasonably question any certificate from a distributor.
Distributors may only issue NAFTA certificates if they are the actual
producer or exporter. Distributors should help you get a producer's
or grower's statement or affidavit and pass it on to you. If they
pass along an affidavit from the grower you could then state "NO-2."
If they pass along a NAFTA certificate you could state "NO-3."
The point of this windy response is that the farther away you are
from the actual producer, the less confidence you may have that
a good marked "made in USA" would indeed qualify for duty-free
status under the NAFTA.
If you are dealing with a material or good in a manufacturing environment
that simply has a label on it stating "Made in USA," I
would recommend digging deeper to increase your knowledge and building
your case that the good qualifies for NAFTA. Better yet, get a statement
from the producer.
I regularly survey the students who attend my NAFTA classes on
this issue. Companies are rarely willing to accept a simple "made
in USA" label or country of origin statement as proof of NAFTA
eligibility. They usually want a statement from the producer that
uses the language of NAFTA. That is to say, they want to see the
words preference criterion, regional value content, tariff shift
or other similar words on the statements they receive from the producers.
In many cases the "NO-1" designation is a relatively
weak statement and is apt to draw scrutiny from the regulators.
More often than not, when the exporter does not have a good story
supporting the "NO-1" designation, the NAFTA claim will
be reversed.
Now the choice is up to you. Are you willing to use a country of
origin label to back up your NAFTA certificate? I ask you again.
Whad'Ya Know?
Please Note: If the above article did not make
sense to you but you are responsible for completing the NAFTA certificate
for your company, it is time to learn more about the details of
the program. International Business Training offers periodic NAFTA
courses around the country. Visit
their website for course and registration information.
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By David M. Noah email
| bio
Shipping Solutions will host a two-day user conference on
Sept. 25-26, 2008, in Bloomington, Minnesota, at the Minneapolis
Airport Marriott located right next to the Mall of America.
Intended for people currently using the Shipping Solutions
export software and potential customers interested in learning
how the software will save their company time and money, the
conference will include government officials, industry experts
and company personnel presenting on current export documentation
and compliance issues as well as on the Shipping Solutions
software itself.
Among the government agencies that are expected to present
at the conference are:
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The Foreign Trade Division of the U.S. Census
Bureau discussing the current status of mandatory filing
through the Automated Export System (AES);
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The Office of Export Enforcement discussing
current export regulations, export enforcement, and the
recent, dramatic increase in export penalties; and
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The U.S. Commercial Service detailing the
programs they have in place to help and encourage U.S. companies
to export.
In addition, industry experts will be presenting on topics
such as:
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Understanding the Export Documentation Process;
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NAFTA and the Other Modern Free Trade Agreements;
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Properly Classifying Your Products for Export;
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Restricted Party Screening Lists You Should
be Checking; and
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How to Determine if Your Product Requires
an Export License.
All attendees will also have the opportunity to attend small-group
or one-on-one sessions with Shipping Solutions staff to learn
more about the software, see demonstrations of new features,
and get their specific questions answered.
Attendees will also have an opportunity to participate in
a feedback session with company personnel that will help Shipping
Solutions guide future development of the software.
Registration for this two-day user conference is only $595.
Two or more attendees from the same company will save $50
each. Shipping Solutions Annual Maintenance Program (AMP)
subscribers will save an additional $100 off each registration.
Shipping Solutions has arranged for a discounted room rate
of $139 per night at the Minneapolis Airport Marriott. To
receive this special discount room rate, attendees can contact
the Marriott at 800-228-9290 or 952-854-7441 before Sept.
3, 2008, and mention “Shipping Solutions.”
Because of the nature of the event, Shipping Solutions is
limiting the size of the conference on a first come, first
served basis. For more information about the Shipping Solutions
User Conference or to register for a guaranteed spot at the
conference, call Shipping Solutions at 888-890-7447.
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By Mary K. McCormick email
| bio
There is little doubt that global trade is an equalizer.
Throughout the history of the world, trade has provided a
way for countries and cultures to expand their minds and their
pocket books. The question is whether our recent reliance
on one country to supply the vast majority of manufactured
goods to the rest of the world is healthy to the global economy.
The developed economies are addicted to Chinese imports.
As is typical of addiction, the problem is detrimental both
to the addicted and to the ‘enabler.’ In this
case the addicted are the developed economies of the world
that rely almost exclusively on China as its manufacturing
base. The enabler is China itself. By presenting itself as
the factory to the world, it is experiencing great upheavals
in social stability, devastating environmental degradation,
and the potential long term effects of unfettered capitalism.
Just like friends and family of the addicted suffer, the
rest of the world suffers as a result of this reliance on
China as well. From increased fuel prices driven by China’s
insatiable appetite for energy to its increasing influence
in foreign policy, which tends to downplay human rights, the
world is being dramatically affected by this addiction.
Beyond the philosophical is the more immediate impact this
addiction has on companies that rely on imports to provide
the best quality and price possible to consumers. This is
also where we as a profession can have the greatest influence.
There are two major reasons why U.S. companies source products
from China. First and foremost is cost. The second reason
is to establish a presence in what may one day prove to be
one of the largest consumer economies in the world.
The hidden costs of sourcing from China are becoming more
and more apparent, however. The myriad regulations and overlapping
authorities provide ample opportunity for corruption, inefficiencies
and outright fraud in the system. Those are issues our industry
is accustomed to dealing with and can play a critical role
in mitigating. It is also true that the same issues can be
found when importing from nearly any country, but there are
certain indicators that China’s dominance over manufacturing
may be beginning to show signs of waning.
The Chinese government and manufacturing industry is on record
as being interested in upgrading its reputation as simply
a low-cost producer. This is hardly unexpected and is reflective
of the improvements that global trade is expected to provide
countries like China.
The side effect is that the days of finding ‘incredibly
good deals’ may be coming to an end. Other countries
with much shorter supply chains to the U.S. and Europe are
eager to exploit this potential opening in the competition
for these lucrative markets.
The Trans-Pacific trade routes will also see a largely disproportionate
increase in costs in 2008. At a recent keynote address to
the Journal of Commerce's Container Transport Investment
Conference in New York City, Ron Widdows of APL declared a
new era in this trade.
"You are going to see rates increase in the transpacific.
That the U.S. economy, the stock market, and some of my customers
are not faring well economically will not be relevant. Rates
will go up. They must. The underlying costs are too high.
Rates are going to go up; bunker recoveries are going to increase.”
That should not give importers a ‘warm and fuzzy’
about the continued cost effectiveness of ‘Made in China.’
Fees will also be increasing at the major West Coast ports
who serve this trade. In Los Angeles/Long Beach, for example,
fees will be introduced of $70/feu to assist in drayage trucks
upgrades and $30/feu for much needed infrastructure upgrades.
There is also the matter of time. Importers sourcing in China
have long realized that geography naturally dictates longer
supply chains when sourcing from Asia. As a supply chain is
elongated, the risk associated with importing becomes more
apparent. The ability to perceive and control disruptions
when they occur becomes exponentially more difficult and complex.
It appears that the ‘slow boat from China’ may
be getting even slower. During his speech, Widdows also addressed
the need to slow the speed of his vessels. “The additional
ships will allow those loops to reduce speeds to about 20
knots, from about 23.5 to 24 knots. That will save fuel and
allow APL and its partners to get better utilization of the
ships.”
Authorities are also warning that climate change could make
weather conditions in China much tougher in the years ahead.
For example, in the major Yangtze port city of Hankou, water
levels fell to 46 feet in early January; the lowest level
since records began in 1866. To add more credence to the effects
of climate change on trade, just this week southern China
is enduring a tremendously powerful winter storm that is disrupting
an already taxed transportation infrastructure. These snowstorms
are the worst storms in half a century and have affected nearly
80 million people across 14 provinces and may be an indication
of even greater infrastructure challenges to come.
China will obviously remain an important player in global
sourcing, and rightfully so. The country’s ability to
manufacture good-quality, low-cost goods is undeniable. Sourcing
from China will remain a critical component of most U.S and
European supply chains in the foreseeable future.
Increasingly, however, the real competitive advantages may
come from diversifying and taking advantage of all the globe
has to offer. From global climate change and political considerations
to the increasing costs and risks associated with the China
trade, 2008 may well prove to be the year globalization means
more than simply ‘Chinazation.’
Thousands of successful exporters are using Shipping Solutions
to complete their export documents faster, easier and less expensively
than ever before. Why aren't you?
If you're too busy trying to complete your export documents by
hand to spend some time reviewing the Shipping Solutions Professional
export documentation and compliance software yourself, let us do
it for you! Sign
up for one of our free online demos and let us give you a one-hour
overview of the software.
We'll take you step-by-step through the process of completing your
export forms, filing your SEDs electronically through AES, and checking
your exports against the various government restricted parties lists
and export regulations to make sure your shipments are in compliance,
and you—and your company—stay out of trouble.
These free online demos are available on Tuesdays at 1:00 p.m.
and Thursdays at 10:00 a.m. Central Time. All you need is an Internet
connection to watch the demo and a phone to listen in and ask questions
about the software. It's the perfect opportunity to get your first
view of Shipping Solutions or to convince your coworkers and your
boss that Shipping Solutions is the perfect solution for your company.
See why Shipping Solutions is America's #1 export software. Sign
up for the free online demo today!
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