You the exporter are 1) responsible to pack the shipment in such a way as to make it easy for US Customs to examine the shipment. You are also 2) responsible for making sure that all documents are correctly filled out. Obeying these two requirements will help to insure that you keep that customer for many orders in future. Failing to obey these requirements will almost certainly mean that the importer will be looking for another supplier for the next order.
In almost all cases the importer is responsible for getting the goods through US Customs and into the country. Most importers hire a customs broker to deal with Customs entry and clearance procedures. However, in order to get the goods through Customs the exporter must have followed the importer’s instructions as outlines in the sale contract (labeling etc). In addition, the exporter must supply proper documentation. Without this documentation the importer cannot get the goods out of Customs. In many cases the receiving of the specified and properly filled out documents is a requirement for payment.
Clearing a shipment through US Customs is much more than going to the Customs House, finding your shipment, submitting the documents, paying the duty, and then taking your shipment with you. It is not necessary that you as the exporter know all there is to know about US customs. That is what customs agents are for. But it is important that you have a basic understanding of how goods are cleared into the US so that you can help the importer make the process as smooth as possible.
The Process of Entering Goods Into The USA
When a shipment reaches the US, the importer (or his/her customs broker) will file entry documents for the goods with the port director at the goods' port of entry. Imported goods are not legally entered until 1) after the shipment has arrived within the port of entry, 2) delivery of the merchandise has been authorized by US Customs, and 3) estimated duties have been paid. It is the importer’s responsibility to arrange for examination and release of the goods.
Evidence Of Right To Make Entry
A shipment may only be entered by the owner, purchaser, or a licensed customs broker. When the goods are consigned “to order,” the bill of lading, properly endorsed by the consignor, may serve as evidence of the right to make entry. If the shipment is arriving by air an air waybill may be used for merchandise.
In most instances, entry is made by a person or firm certified by the carrier bringing the goods to the port of entry. This entity (i.e., the person or firm certified) is considered the “owner” of the goods for customs purposes.
Entry For Consumption
Entering goods is a two part process: 1) filing the documents necessary to determine whether merchandise may be released from US Customs custody, and 2) filing the documents that contain information for duty assessment and statistical purposes. Both of these processes can be accomplished electronically via the Automated Broker Interface (ABI) program of the Automated Commercial System (ACS).
Entry Documents
Entry documents must be filed within 15 calendar days of the date that a shipment arrives at a U.S. port of entry. If the goods are to be released from US Customs custody at the time of entry, an entry summary for consumption must be filed and estimated duties deposited at the port of entry within 10 working days of the goods' entry.
These documents are:
...Entry Manifest (CBP Form 7533) or Application and Special Permit for Immediate Delivery (CBP Form 3461) or other form of merchandise release required by the port director,
...Evidence of right to make entry,
...Commercial invoice
...Packing lists, if appropriate,
...Other documents necessary to determine merchandise admissibility.
Entry For Warehouse
If the importer would like to postpone release of the goods, they may be placed in a US Customs bonded warehouse under a warehouse entry. The goods may remain in the bonded warehouse up to five years from the date of importation. At any time during that period, warehoused goods may be re-exported without paying duty, or they may be withdrawn for consumption upon paying duty at the duty rate in effect on the date of withdrawal. If the goods are destroyed under US Customs supervision, no duty is payable.
