Shipping Solutions News  
  March 2008
1.888.890.7447 | www.shipsolutions.com  


In This Month's Newsletter:

When is it Safe to Use "No-1" on the NAFTA Certificate of Origin?

Plan Now for
Shipping Solutions
User Conference

The Foreign Corrupt Practices Act

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FREE Online Demo of Shipping Solutions Export Software

 

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Air & Ocean Transportation: Logistics Management for the International Supply Chain

Dallas, TX
4/4/08

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4/23/08

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4/9/08

Minneapolis, MN
4/17/08

Philadelphia, PA
5/9/08

Santa Clara, CA
5/8/08

Export Documentation & Procedures Seminar

Dallas, TX
4/2/08

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4/1/08

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4/21/08

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4/7/08

Milwaukee, WI
4/14/08

Minneapolis, MN
4/15/08

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5/7/08

Santa Clara, CA
4/29/08

Letters of Credit and Alternative International Payment Methods Seminar

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4/3/08

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4/2/08

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4/22/08

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4/8/08

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4/15/08

Minneapolis, MN
4/16/08

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5/8/08

Santa Clara, CA
4/30/08

NAFTA Rules of Origin Seminar

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4/23/08

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4/4/08

Houston, TX
4/25/08

Louisville, KY
4/11/08

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4/17/08

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4/9/08

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5/21/08

Tariff Classification: Using the Harmonized Tariff Schedule Seminar

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4/22/08

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4/3/08

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4/24/08

Louisville, KY
4/10/08

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4/16/08

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4/8/08

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5/20/08

These one-day seminars are taught by qualified and knowledgeable instructors in small-group settings. All attendees receive the corresponding reference book and a Certificate of Completion.

 

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When is it Safe to Use "No-1" on the NAFTA Certificate of Origin?

By John Goodrich email | bio

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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Plan Now for Shipping Solutions User Conference

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:

  • The Foreign Trade Division of the U.S. Census Bureau discussing the current status of mandatory filing through the Automated Export System (AES);

  • The Office of Export Enforcement discussing current export regulations, export enforcement, and the recent, dramatic increase in export penalties; and

  • 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:

  • Understanding the Export Documentation Process;

  • NAFTA and the Other Modern Free Trade Agreements;

  • Properly Classifying Your Products for Export;

  • Restricted Party Screening Lists You Should be Checking; and

  • 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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The Foreign Corrupt Practices Act

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.’


Sign Up for a Free Online Demo of Shipping Solutions Export Software

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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