International Business Law Exam 3
import trade barrier
any impediment , direct or indirect, to the entrance or sale of imported goods or services existing in the country of importation.
Exceptions Permitting Trade Restrictions
• Protection of public morals • Protection of human, animal, or plant life or health • Regulation of gold or silver • Customs enforcement • To stop infringement of patents, trademarks, and copyrights • Prevention of deceptive practices • Prohibitions on trade in products made by prison labor • Protection of national artistic, historic, or archaeological treasures • Conservation of exhaustible natural resources
Dutiable status is determined by three factors: 309
(1) the classification and numerical coding of the article, (2) the customs value of the article, and (3) the country of origin of the article. In other words, importers must know what it is that they are importing, what it's worth, and where it came from according to law
The Free Movement of Capital
414
The Free Movement of People
415
Torresi v. Consiglio dell'Ordine degli Avvocati di Macerata
415-17
Consumer Protection, Energy and the Environment
418
THE EUROPEAN ECONOMIC INTEGRATION MODEL AND THE FINANCIAL CRISIS
419-21
binding ruling, 336
also called a ruling letter, from Cus-toms in advance of an entry. A binding ruling rep-resents the official position of Customs with respect to the specific transaction for which it was issued. It is binding on Customs personnel until revoked.
global supply chain
an integrated international network of logistics, communications, finance, and trade relationships designed to take a product from inception through production and delivery to customers. They are common in the electronics, automotive, apparel, and many other industries. Imagine the difficulty in determining the country of origin for an automobile or a cell phone.
nontariff barriers
any impediment to trade other than tariffs. can be direct or indirect; Some non-tariff barriers serve socially beneficial purposes and are permitted by international law. Others, which violate international agreements and are not permitted, can lead to trade disputes unless removed.
National security controls
are coordinated with U.S. allies on the basis of the Wassenaar Arrangement. A license is required from the Bureau of Industry and Security (BIS) for all items controlled for national security reasons, with exceptions for Canada, with which the United States has a unique and close relationship in mutually controlling exports.
Unconditional MFN trade 241
requires that if a nation negotiates a reduced tar-iff rate on a certain product imported from one WTO member, that rate of duty automatically becomes applicable to like products imported from any and all other WTO members.
Absolute quotas
those that strictly prohibit imports of an item above a predetermined limit, based either on the value or quantity of specific goods (weight, number of pieces, etc.), or as a percentage of the domestic market for that item.
transaction value
(1) pack-ing and container costs, (2) selling commission paid by the buyer (importer) to or for an agent of the seller, (3) the value of any "assist" as defined below, (4) any royalty or license fee that the buyer is required to pay as a condition of sale, and (5) the proceeds of any subsequent resale of the merchandise that accrues to the seller.
Articles Not Requiring Marks.
(1) products incapable of being marked (works of art, unstrung beads, nuts, bolts, cigarettes, eggs, feathers, livestock, and vegetables ), (2) products that cannot be marked without injury, (3) crude substances, (4) articles produced more than 20 years prior to importation, (5) articles imported solely for the use of the importer and not intended for resale (e.g., personal articles purchased abroad by a tourist), and (6) certain products of the United States that are exported (e.g., for repairs) and returned
reasons for regulating imports
-revenue -protection of domestic industry -retaliation against foreign trade barriers -protection of resources
formal entry
1. The goods have arrived at a U.S. "port of entry." 2. The goods are not of a type that is not permitted entry or from an embargoed country. 3. Delivery is authorized by Customs after inspection and release. 4. Estimated duties have been paid or a customs bond posted.
Its goals, which are set forth in Article 39 of the Treaty of Rome, are as follows:
1. To increase agricultural productivity 2. To ensure a fair standard of living for the agricultural community 3. To stabilize markets 4. To guarantee regular supplies 5. To ensure reasonable prices to consumers
sanctions program
155
multilateral trade negotiations
236
functions of wto
237
wto and us law
238
Japan- Taxes on alcoholic beverages
242-43
India—Quantitative Restrictions on Imports of Agricultural, Textile, & Industrial Products
245
Import Licensing and Customs Procedures as Trade Barriers
247
Harmonized Tariff Schedule of the United States (2017)
310-311
Common and Commercial Meaning of Tariff Terms.
312
Otter Products, LLC v. United States
313
Carl Zeiss, Inc. v. United States
314
Better Home Plastics Corp. v. United States
316-317
U.S. Non-Preferential Rules of Origin
320
Ferrostaal Metals Corp. v. United States
321-322
Nissan Motor Mfg. Corp., U.S.A. v. United States
326
the administration of U.S. Customs and tariff laws
327
Required Documentation of entry goods
327-29
Distinctions among Institutions
406
Harmonization: Directives and Regulations
407
Commission of the European Communities v. Italian Republic
408-09
THE EUROPEAN UNION AND THE REGULATION OF BUSINESS: THE FOUR FREEDOMS: The Free Movement of Goods
409
Commission of the European Communities v. Portuguese Republic
410-11
The Free Movement of Services
412
Blanco and Fabretti v. Agenzia Delle Entrate
412-13
EUROZONE MEMBER STATES AS OF JANUARY 2017
414
schedule of concessions
A country's tariff bindings are recorded in that country's schedule of concessions at the WTO. The schedules are legal commitments considered part of the GATT agreement itself.
substitution drawback 325
A substitution drawback of duties paid on imported goods may be received by a U.S. firm that imports goods and then exports other goods of the "same kind and quality." Substitution drawbacks usually deal with fungible goods or agricultural commodities.
composite goods 316
Articles made of different materials or components are considered composite goods in the GRI.
Four Freedoms 408
As a result of the supremacy doctrine, the EU has achieved considerable integration in a wide variety of areas. Four of these areas, the so-called Four Freedoms, are discussed in the next section. Other areas where significant integration has occurred or been attempted are discussed later in this chapter.
contract manufacturing
Assists are often used in contract manufacturing—a business arrangement in which the production of goods is contracted or "outsourced" by one firm to a manufacturing firm, often overseas.
tariff schedules
Bound rates are published in each country's tariff schedules, which are the detailed product-by-product listings of all tariffs for that country. Tariff schedules for the United States are found in the Harmonized Tariff Schedule of the United States, available online from the United States International Trade Commission.
343
Changes in the Export Environment since2001, Balancing National Policy Objectives with Economic Competitiveness
prior disclosure 334
Congress has enacted a statute to encourage importers to voluntarily report their own possible violations of the customs laws. This is called a prior disclosure. If an importer admits its mistake and informs Customs of a possible violation before learning that it is being investigated, the penalties are limited. The importer must completely disclose the materially false statements or omissions and the circumstances of the violation. Any unpaid duties must be remitted within 30 days.
European Central Bank
Efforts to integrate the free flow of capital are best exemplified by two events. The first was the creation of the European Central Bank. Located in Frankfurt, Germany, and founded in 1998, the European Central Bank's mission is to "promote price stability" and "to define and implement the monetary policy of the euro zone, conduct foreign exchange operations, issue notes, and promote the smooth operation of payment systems." The European Central Bank is effectively in charge of monetary policy relating to the euro, the common currency within the majority of the EU member states.
Electronic Export Information (EEI)
Exporters in the United States use the auto-mated system to file an Electronic Export Information (EEI), an electronic filing required for each export shipment leaving the United States. This information is shared with the Bureau of Industry and Security for export control purposes and with the Census Bureau for statistical purposes.
Non-preferential rules of origin
For example, trade between the United States and Europe or between the United States and China is non-preferential trade. These rules are also used to calculate antidumping and countervailing duties, and to enforce trade embargoes and quotas.
Exceptions Permitting Trade Restrictions
GATT Article XX provides that countries may restrict or regulate trade when necessary to meet the following public policy goals (if not arbitrary or an unjustifiable restriction on trade):
notice of adjustment
However, when Customs at the port of entry determines that additional duties are owed, a notice of adjustment is sent to the importer. The importer must respond to the notice, or the duty will be assessed as corrected.
rule of relative specificity
If an article can be classified under two or more headings or subheadings, it must be classified under the one that most specifically—most narrowly—describes the article with the greatest degree of accuracy and certainty (GRI 3a). This is common with goods that are made of several materials or components. This is known as the rule of relative specificity.
essential character
If two or more headings or subheadings each describe only certain materials or components in composite goods, the article must be classified under the heading that describes the material or components that give the article its essential character. This method is helpful to determine the classification of assembled products, foodstuffs, and mixtures blended together (assuming that there is no classification that fits entire article).
principal use 314
In the United States, principal use is the ordinary use to which articles of the same class and kind as those being imported are usually put and which is greater than any other single use of the article.
substantial transformation
In the United States, the definition of "substantial transformation" has been determined on a case-by-case basis by U.S. Customs and by the courts on appeal. U.S. courts have long held that a 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.
transaction value
In the United States, the transaction value is the price actually paid or payable for the merchandise when sold for export to the United States, plus the following amounts if not included in the purchase price:
342
MULtILateraL COOperatION IN CONtrOLLING teChNOLOGY, The Wassenaar Arrangement, Other Multilateral Nonproliferation and Export Control Groups, history of U.S.export control laws
acquis communau-taire 402
Membership negotiations are conducted in chapters relating to specific EU legislation, legal acts, and court decisions otherwise known as the acquis communau-taire (literally meaning that which has been agreed upon by the community). An accession treaty is only drafted once negotiations are concluded on all chapters and topics.
Automated Commercial Environment
Once an export license has been received and it's time to ship goods, information about the shipment has to be sent to various federal agencies. This is done through the "single window" of the Automated Commercial Environment, an online system of U.S. Customs and Border Protection, in collaboration with the U.S. Census Bureau.
export management and compliance program. 353
One of the best ways to ensure compliance is for a company to establish an internal export management and compliance program. Such programs are virtually mandatory today in large exporting firms.
informal entry
Personal and commercial shipments valued at $2,500 or less may be cleared through an informal entry process. A surety bond is not required for informal entries, and import duties are payable immediately at the time of entry.
Antiboycott
Provisions make it illegal to comply with boycott imposed by a foreign country against a country that is friendly to the US
bretton woods (235-)
Representatives from 44 countries met in New Hampshire to design a new international monetary system; resulted in the establishment of the IMF and the World Bank.
Eligibility for GSP Status. 251
Some of the specific requirements for importers wanting to take advantage of the GSP program are (1) the item must qualify for a GSP tariff preference in the U.S. tariff schedules; (2) it must be imported directly from an eligible country; (3) the country must be eligible for GSP treatment for that particular item; and (4) the item must be the "growth, product, or manufacture" of the eligible country (as strictly defined in U.S. law).
Special Marking Requirements for Assembled Articles.
Specific marking rules apply where an article is imported into the United States after having been assembled in a foreign country from components originating in different countries.
ad valorem tariff rate 312
Tariffs are most often based on ad valorem, specific, or compound rates. The most common is the ad valorem tariff rate, based on a percentage of the value of the articles imported.
com-mon agricultural policy (CAP) 417
The EU is committed to the establishment of a common agricultural policy (CAP). First implemented in 1962, the CAP has been central to the EU's mission ever since.
trade preferences 251
The WTO agreements permit the granting of trade preferences, or preferential tariff treatment, to developing countries to help further their social and economic developments.
tariff bindings
The agreed tariff rates are known as tariff bindings because the rates become bound, or capped, at that rate
dutiable value 318
The customs value, often called dutiable value, of goods entered into any country must be reported by the importer-of-record to national customs authorities at the time of entry. Customs value is the transaction value of the goods.
General Rules of Interpretation (GRI)
The first step in determining the dutiable status of an article is to determine its tariff classification using the General Rules of Interpretation (GRI), found at the beginning of the tariff schedule.
wto law
The five major agreements: 1. Agreement Establishing the World Trade Organization; 2. General Agreement on Tariffs and Trade, 1947 (GATT 1947), the original agreement; 3. General Agreement on Tariffs and Trade, 1994 (GATT 1994), the WTO agreement that incorporates GATT 1947, including the additional multi-lateral agreements covering trade in goods, shown below; 4. General Agreement on Trade in Services (GATS), opens domestic markets to foreign service providers (covered in Chapter 10); 5. WTO Dispute Settlement Understanding.
qualified majority voting
The members abandoned the requirement of unanimous con-sent to move forward and instead adopted the concept of qualified majority voting. This change meant that not all the member states had to agree on proposals that related to the internal market. This allowed the institutions to make decisions even if there was some objection.
manufacturing drawback
The most common type in the United States is the manufacturing drawback, designed to encourage U.S. manufacturers to export. A manufacturing drawback is a refund of duties and taxes paid on merchandise that is imported, subjected to manufacture or production, and then exported within five years.
Items Subject to the EAR: 347
The scope of the EAR is very broad. It gives the BIS the authority to control: (1) all items in the United States or moving in transit through the United States; (2) all U.S.-origin items, wherever located, whether inside the United States or in a foreign country; (3) certain foreign-made items containing (usually more than 25 percent) U.S.-origin controlled content, technology, or software; (4) certain items made in a foreign country with U.S. technology; and (5) items made at a facility located outside the United States if that facility was designed and built with U.S. technology
export
The term export means the "actual shipment or transmission" out of the United States in any manner, or releasing or transferring of technology or software (source code) to a foreign person in the United States (one who is neither a U.S. citizen nor a permanent U.S. resident).
competitive need limitation
There is a quantitative limit on imports from each beneficiary country, called a competitive need limitation although these can be waived (and are not applicable to "least developed" countries).
License Exception. 348
This is an authorization to export without a license. The following are some common exceptions. They do not apply to all countries. :348
beneficiary developing countries
Those developing countries that are eligible for preferential treatment under the program are known as beneficiary developing countries.
Commerce Control List and the Commerce Country Chart
To determine if a license is needed for export, exporters will use the Commerce Control List and the Commerce Country Chart, published by the BIS as supplements to the EAR and available online. Used together, these two documents identify items by an Export Control Classification Number (ECCN), give the reasons for control for each, and tell whether a license is required for export to specific countries.
short supply controls
U.S. law permits the use of short supply controls to protect the U.S. economy from excessive foreign demand for scarce materials. These controls can be used to preserve needed food and agricultural products, medicines or vaccines in critical short supply, or natural resources such as crude oil or basic metals.
Policy Reasons for Control 344
Under U.S. law, there are three broad policy reasons for controlling and licensing certain exports. They are: (1)to protect national security, (2) to promote U.S. foreign policy, and (3) to prevent the short supply of essential domestic materials.
WTO DISPUTE-SETTLEMENT PROCEDURES 248-251
WTO countries whose companies ship beach chairs to Australia may file a complaint with the WTO for nullification or impairment of their national rights under a trade agreement. These governments must first engage in trade consultations with Australia at the WTO, and if no resolution is possible they may request binding dispute resolution before the WTO Dispute Settlement Body (WTO-DSB).
balance-of-payments (BOP)
When a nation's outflow of foreign exchange exceeds receipts, a balance-of-payments (BOP) deficit can arise. This can be due to normal inflows and outflows of foreign currencies and is usually never a problem. When it is, countries wanting to preserve their foreign exchange reserves are tempted to resort to some extreme controls that limit their trade and financial transactions.
most-favored-nation trading status
When one country grants most-favored-nation trading status to another country, it is agreeing to accord items imported from that country the most favorable treatment or the lowest tariff rates that it gives to like products imported from other MFN trading nations.
compound tariff rate
a combination of both ad valorem and specific rates.
European Union
a concept added by the Maastricht Agreement, also known as the Treaty on European Union. The Maastricht Agreement did not abolish the Communities, but created the concept of a Union as an expression of the member states' underly-ing unity, as reflected in the Communities.
same-condition drawback
a drawback of duties paid on imported goods that are reexported in the "same condition" as they were imported, provided they were not significantly altered.
customs union
a free trade area with a common external tariff.
quota
a quantitative restriction on imports.
drawback 324
a refund of duties already paid on imported goods when the goods (or other goods manufactured from the original goods) are reexported or destroyed. Drawbacks are recognized by many countries around the world.
sanction 154
a regulation that restricts or prohibits certain relationships with specified (or "targeted") foreign countries, foreign entities, or named foreign individuals because of their support for international terrorism, the proliferation of weapons of mass destruction, for international drug and narcotics trafficking, or other threats to national security.
tariff
a tax levied on goods by the country of importation
ad valorem tariff
a tax set as a fixed percent of the value of an imported product
customs broker
an authorized agent, licensed by federal law, to act for and on behalf of importers in making entry of goods. (A broker is not needed to import goods for personal use.) More than 90 percent of all entries are made by customs bro-kers.
GATT (General Agreement on Tariffs and Trade)
an international trade treaty designed to encourage worldwide trade among its members
boycott 351
an organized refusal of one or more nations, often backed by economic sanctions, to trade with one or more other nations. Boycotts are often used for political reasons.
trade barrier
any impediment to trade in goods or services
Foreign trade zones (FTZs)
are legally defined sites—warehouses and manufacturing facilities—operated pursuant to legislation and under government license, that are legally "outside" the customs territory of the country they are in. They are a duty-deferral and duty-saving device. Imported goods may be brought into an FTZ without being subjected to tariffs until such time as the goods are released into the stream of commerce of that country.
Dual-use items
are those commercial items that may also have military, terrorist, or "proliferation" uses (relating to the proliferation of nuclear, chemical, or biological weapons). Dual-use items are drawn from the Wassenaar Arrangement List of Dual-use Goods and Technologies
free trade area
consists of two or more countries that are party to a free trade agreement that reduces or eliminates tariffs on goods, removes trade barriers, and usually addresses other common concerns affecting trade between them.
tariff concession 239
each country's promise to reduce tariffs on imports of a given item in return for tariff concessions from other countries. Most concessions are made during the major negotiating rounds.
Civil customs fraud,
far more serious than negligence. A fraudulent violation exists where there is clear and convincing evidence that the importer knowingly (or with wanton disregard for the facts) made a materially false statement or omission while entering or attempting to enter goods into the United States.
foreign availability
generally means that the controlled item, or one of comparable quality, is "available-in-fact" from non-U.S. sources in sufficient quantities so that any attempt to control for national security purposes would be ineffective.
Global quotas
imposed by an importing nation on a particular product regardless of its country of origin.
global tariffs
imposed on a particular classification of goods without regard to the country of origin of the goods
tariff schedule
is a listing of specific items, coded numerically and described by name or use. The tariff rate for each item is given according to the country of origin. An example might be, "Heading 9506.99.60... Articles and equipment for general physical exercise, gymnastics, athletics, other sports" at 4 percent duty."
rejected merchandise drawback
is allowed for imported merchandise that was shipped without con-sent, is defective, or does not conform to specifications or to samples (e.g., zippers that do not zip). The merchandise is returned to U.S. Customs within three years and either destroyed or reexported.
Fundamental research
is defined in the EAR as "research in science, engineer-ing, or mathematics, the results of which ordinarily are published and shared broadly within the research com-munity, and for which the researchers have not accepted restrictions for proprietary or national security reasons."
tariff-rate quota 244
is not really a quota at all, but a tariff rate that increases according to the quantity of goods imported. It is a limitation or ceiling on the quantity of goods that may be imported into a country at a given tariff rate.
country of origin 319
is that country from which an imported article is said to have originated according to specific rules, known as rules of origin.
If a country later wishes to modify or withdraw a concession and raise its bound rate on an item,
it must negotiate directly with the countries most affected (those countries which are the major suppliers of that item) and by agreement reduce or offset tariffs on other items equal to an equivalent amount in trade.
export controls
laws and regulations that govern the control and licensing of certain goods and technology exported from the United States or released or transferred to anyone who is not a U.S. citizen or permanent resident, whether that person is within or outside the United States.
indirect nontariff barriers
may seem perfectly neutral and nondiscriminatory on their face, their effect is to discriminate against foreign-made products or firms. They may take the form of laws, regulations, or rules of administrative agencies that make it difficult or costly to import foreign-made goods or services.
conscious avoidance 354
meaning that the exporter purposely avoided learning the truth about an end user or destination—information that might have had a bear-ing on his or her license application.
Technology
means the information necessary for the development, production, use, or operation of items, and in almost any form, such as blueprints, drawings, photographs, formulae, and engineering designs, whether written, verbal, or electronic.
dutiable status
of goods (in this chapter, the term "goods" may also called "articles" or "items") refers to the legal status of imported goods at the time of entry for purposes of compliance with the tariff and customs laws.
auctioned quota
one in which a country sells the quota rights through bidding
allocated quota
one in which the total limit is "allocated" among several specific countries.
nondiscrimination in wto
one of the basic rights of membership in the WTO. It means that every WTO member country must treat the goods and services from all other WTO member countries equally and without discrimination. Simply put, nations should not "play favorites" with each other's goods or services. The principle of nondiscrimination is embodied in two important principles of international trade law: the principle of unconditional most-favored-nation trade and the concept of national treatment.
Informed compliance
refers to "softer" mechanisms designed to place the burden of voluntary compliance on importers. Compliance with the customs laws is much like compliance with the income tax laws. Enforcement depends on the willingness of the majority of U.S. importers, like taxpayers under the income tax laws, to voluntarily comply.
port of entry
refers to any place when customs or immigration authorities permit the entry of goods or people. Ports of entry are usually sea or ocean ports, river ports, air-ports, or other types of inland ports.
Enforced compliance
refers to the active investigation of customs violations and the prosecution of violators.
formal entry
refers to the administrative process required to import goods into the customs territory of a country. Goods have officially "entered" the United States only when the following requirements have been met.
transparency
refers to the degree to which a foreign government's import laws or regulations are made readily available to the public, including foreign firms.
commercial invoice 330
required for all shipments intended for sale or commercial use in the United States. The invoice must provide all pertinent information about the shipment, in English, and be signed by the seller. One invoice can be used for installment shipments to the same consignee if the shipments arrive within ten days of each other
zero quota
sometimes used when referring to a complete ban on the import of a product in that it permits zero quantities to be imported
direct nontariff barriers
specifically limit imports of goods or services or deny access of foreign firms to local markets. Examples are embargoes, quotas, complex and discriminatory import licensing schemes, and other prohibitions on trade.
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tariff-shift rule
states that the country of origin is the last country in which all "inputs" (raw materials, component parts, etc.) into the finished article underwent a required change in tariff classification. It is frequently, although not only, used in trade preference programs.
entry process
supervised by national customs authorities and informally referred to as "clearing customs." The purpose of the entry process is for customs authorities to deter-mine whether any import prohibitions or restrictions apply to the goods, whether the goods are subject to any other laws or regulations affecting their entry (e.g., such as product labeling, etc.), and whether any tariffs or import duties are due.
common market
takes the integration one step further: it is a customs union that also removes restrictions on the free movement of money, labor, and factors of production.
specific or flat tariffs
tariff computed on basis of physical units
importing
the entering of goods into the customs territory of a country
Liquidation
the final computation and assessment of the applicable duty on entered goods by Customs. This "closes the book," making the entry complete.
ultimate purchaser
the last person in the United States who receives an article in the form in which it was imported. If an imported article is to be sold at retail in the same form as it was imported, then the retail customer is the "ultimate purchaser."
Rules of origin
the legal rules used to determine the country of origin of imported products. They are found in trade agreements, national statutes, and the regulations of customs authorities. The rules are enforced by customs authorities, and penalties are severe for willfully misstating a country of origin or procuring a false country of origin certificate from an exporter or supplier. The applicable rules of origin are those of the importing country, and there is often little consistency between countries.
bound rate
the maximum tariff rate a country may charge on an item, although tariff rates may be reduced below the bound rate.
Tariff engineering 317
the process of modifying or engineering a product prior to importation, or importing it at an earlier stage of manufacturing, for the purposes of obtaining a lower rate of duty.
deemed export 349
the release or transfer of any item subject to control, including technology or software (source code), to a foreign person in the United States.
diversion
the unlawful transfer, transshipment, rerouting, or reexporting of controlled goods or technology from one destination to which the goods or technology were legally shipped to another destination or foreign person who has not been licensed to receive the items.
Non-preferential rules of origin
those applicable to imports from developed countries that receive normal tariff treatment (or that have "normal trade relations" as discussed in earlier chapters).
Preferential rules of origin 320
those applicable to: (1) goods traded within a free trade area or customs union, (2) goods imported from countries that receive special tariff treatment pursuant to a trade agreement (such as the WTO Agreement on Government Procurement), or (3) goods imported under a trade preference programs for developing countries.
The invoice must include the following information:
• Names of the port of shipment and the destined port of entry • Name of buyer and seller or consignee • Common or trade name for the goods and their detailed description • Country of origin • Currency of payment • Quantity and weight of the goods shipped • Value of the goods accurately and correctly stated, including a breakdown of all itemized charges such as freight, insurance, packing costs, the costs of containers, any rebates and commissions paid or payable, and the value of any production assist • A packing list stating in detail what merchandise is in each individual package • Special information for certain classes of merchandise (e.g., bedspreads must indicate whether they contain any embroidery, lace, braid, or other trimming)
The Advantages and Disadvantages of Further Expansion, Withdrawal from the EU
402
Treaty of Lisbon(articles)
403
STRUCTURE OF THE EUROPEAN UNION: The European Council, The Council of Ministers of the European Union, The European Commission, The European Parliament
404
The Court of Justice of the European Union
405
United States v. Mousavi
357
U.S. Sanctions on Trade with Cuba, The Effectiveness of Cuban Sanctions.
359
HISTORY OF THE EUROPEAN UNION, Founding Treaties
398
Treaty of Rome(articles), The Single European Act.
399
The Maastricht Treaty, Treaty of Lisbon, MEMBERSHIP IN THE EUROPEAN UNION
400
MEMBERSHIP IN THE EUROPEAN UNION AND ITS PREDECESSORS list and dates
401
Table 15.2 CANDIDATES FOR EU MEMBERSHIP AS OF JANUARY 2017
402
United States v. Golden Ship Trading Co.
331-333
Gross Negligence, Crimes, Aggravating and Mitigating Circumstances.
333
Reasonable Care Checklist
335
United States v. Mandel
345-46
Consolidated Screening List.
349
Things to Look for in Export Transactions (RED FLAG INDICATORS)
350
extraterritorial jurisdiction
350
Briggs & Stratton Corp. v. Baldridge
352-53
United States v. Zhi Yong Guo
354-55
Authority for U.S. Sanctions, Trading with the Enemy Act, International Emergency Economic Powers Act.
357
domestic or regional value content test 323
The other common preferential rule of origin is the domestic or regional value content test, a type of value-added test described earlier. This requires that some minimum percentage of the value of materials and direct processing operations be performed in a country in order for it to have "originated" there.
Production Assists.
These are goods, services, or intellectual property furnished by the importer to a foreign producer, free or at a reduced price, for use in producing merchandise for import into the United States. The value of an assist must be included in transaction value when the goods are imported into the United States.
Foreign Policy Controls. 345
These controls are used to promote the foreign policy goals of the United States and for the following reasons: • To suppress terrorism and deny items or technology to individuals, entities, or nations that support it • To prevent the proliferation of chemical or biological weapons and to enforce chemical weapons conventions • To prevent nuclear proliferation • To control missile parts and technology • To control the export of crime control equipment • To control encryption items (certain encryption hardware and software is strictly controlled because it can be used for military, espionage, and criminal purposes) • To promote regional stability and prevent civil conflict • To support and carry out United Nations sanctions • To control communications interception or surreptitious listening devices and technology.
validated end -user program
allows qualified exporters to pre-approve shipments to foreign trusted customers, business partners, and subsidiaries of American companies of certain high-technology or dual-use items without the need for individual export licenses.
USA Patriot Act. 358
One of the major U.S. legal responses to the terrorist attacks of September 11, 2001, was the enactment of a statute with a rather cumbersome title, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (2001), commonly called the USA Patriot Act.
The country of origin is used to determine the following:
• The normal tariff rate on an import • Whether an import is subject to a preferential tariff rate or an increased rate • Whether an import is subject to antidumping or countervailing duties • Whether an import is subject to a quota, embargo, or other trade restriction • The applicability of government procurement rules• Whether there are any health or safety issues (such as stop-ping infectious disease) • The proper country of origin marking or labeling of the product • Statistical information
