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.