Exam 5 law
Controlled Item
Are items or services with military application or items that significantly affect out national interests
Rule of Origin
Are the legal rules used to determine ?????
Preferential rule of origin
Are those
Substantial Tranformation happend in china
China is country of origin
Ways to determine country of Origin using rules of Origin
Imported banans were grown completely in Honduras, and they were shipped directly from Honduras to the U.S Country of the origin is Honduras
Commodity example
Importing chocolate Tariff rate for bars of chocolate is 13.5% Tariff tariff for liquid chocolate is 29.9%
tariff schedule
Includes classification of all item and, next to the classification, the tariff for each item
Materials
Involves all raw materials needed for the manufacturing of a product
The United States México Canadá Agreement
Is a free trade agreement between the US, Mexico, and Canada and it replaced the North American free trade act
significant amount
Is a large enough to be important or affect a situation to a noticeable degree
Entity list
Is a list of entities or organizations engaged in the proliferation of weapons of mass destruction
Qualified claim
Is one that indicated that the product was partially made or processed in the U.S
Importing
Is the entering of goods into the customs territory of a country
Customs
Is the place at a port or airport where officials check incoming goods, travelers, and luggage
substantial transformation
Occurs when the original article loses its identity as such and is transformed into a new and different article of commerce having "a new name, character, or use" different from that of the original item
End User
The person that will ultimately end up with the item or technology used
Trade Preference
To help developing countries to help further their social and economic developments
Denied Persons List
a list of persons whose export privileges have been denied or revoked
Negligible
a very small amount
The Bureau of industry and security
advances the us national security by ensuring effective export control
Virtually all
almost entirely
Embargo
an official ban on trade or other commercial activity with a particular country.
Short supply control
apply to certain foodstuffs, medicines, basic metals, or natural resources. used to control which items leave out country because we are in short supply
The federal trade commission marking rules
apply to the use of goods made in the U.S.A
Unfair or deceptive trade practices
are representation, omissions, or practices that misleads a consumer
National security control
are used to prohibit the export or export
Foreign policy controls
ensures that the U.S. is not giving items to repressive governments so those repressive governments can use those items against their own people.
Develop Country
generally has a high per capita income, has a higher standing of living, and are in later stages of industrialization
Exporting license
is required for each export of a controlled item
Export
is the act of shipping controlled out of the U.S or the transfer of controlled item or technology to a foreign national, whether they are located inside or outside the U.S
Essential Character
is the attribute which strongly marks and serves to distinguish what an article is
Tariffs Law
is the body of laws and regulations that determine the tariff or "dutiable status" of goods and the rate of duty
porcessing
is to perform a series of mechanical or chemical operations in order to change something
Wholly obtained
means that it was wholly the growth, product, or manufacture of one country.
Ultimate
means to happen at the end of a process; final
Tariff schedule example
other household and toilet articles, of plastics is 3.36% Curtain and interior blinds is 12.8%
Proliferation
rapid increase in numbers
The U.S customs marking rule
requires that the country of origin of every article of foreign origin imported into the U.S must be permanently marked in English in a conspicuous place
antidumping duties
special import tariffs assessed in addition to normal tariffs imposed for the purpose of offsetting the unfairly low price of dumped goods
Classification by essential character
states that if an imported good is made up of two or more different materials, that could be classified under different tariff schedules (with different tariff rates), then the imported good will be classified under the tariff schedule that describes the materials that give the article its essential character.
tariff shift rule
states that the country of origin is the last country in which all 'inputs' into the finished article underwent a defined change in tariff classification
Country of Origin
that country from which an imported good is said to have originated according to the specific legal rules called the rules of origin.
Formal Entry
the administrative process required to import goods into the customs territory of a country
U.S Bureau of Customs and Border Protection
the customs regulatory authority in the United States.
Wholly Obtained Rule
the general rule applicable to most non-preferential trade where the country of origin of an article imported into the U.S. is the country in which the article was wholly obtained.
ultimate purchaser
the last person in the US who receives an article in the form in which it was imported
Transactional Value
the price actually paid for the merchandise when sold for export in the U.S.
Customs value
the transactional value of the good
non-preferential rules of origin
those applicable to imports from developed countries that receive normal tariff treatment (or that have "normal trade relations")
Conspicuous
to attract attention or notice
Classification by essential character example
A bath curtain set is imported The set has: A cloth curtain and a plastic liner
Essential Character example
A fabric shower curtain with a plastic liner
Customs Union
A group of countries committed to (1) removing all barriers to the free flow of goods and services between each other and (2) the pursuit of a common external trade policy.
Weapon of mass destruction
A nuclear, biological, chemical, or other weapon that can kill and bring significant harm to a large number of humans or cause great damage to human-made structures, natural structures, or the biosphere.
Free trade area
A zone in which there are no tariffs or other restrictions on the movement of goods and services across borders
Developing Country
Generally has lower per capita income, lower standard of living, higher foreign debt, more rapid population growth, and history of greater state control over their economy
Double Status
Goods is the legal status og the imported goods at the time of entry
Harmonized Commodity Description and Coding System (HS)
Harmonized commodity description = countries describe commodities/ products in the same way/harmony
Regional value content test
Requires some minimum percentage of the value of a finished article to be added in a country in order for it to have originated there.
Omission
The act of leaving out or neglecting
Customs Law
includes tariff law and the regulatory control over goods and people as they cross international borders
Deceptive
intending to mislead or trick
customs fraud
involves civil and criminal violations when a person knowingly makes a false information to customs regarding imported goods or actual people when entering or attempting to enter the U.S.
Customs Territory
is a geographic territory with uniform customs regulations.
Export Control
is a law or regulation that governs the licensing of certain goods and technology exported from the U.S. or "transferred" in some way to non-U.S. citizens.
The commerce control list
is a list of categories and product groups used to determine whether an export license is needed.
Specially designated nationals and blocked persons list
is a list of individuals and organizations that represent countries known to be involved with terrorism and drug trafficking
Tariff Classification
is a method of categorizing different types or kinds of goods based on uniform descriptive terminology according to their name, use, and physical characteristics
Component part
is a small part that can be considered separate from the whole.
Foreign National
is an individual who is neither a U.S. citizen nor a permanent legal resident of the U.S.