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Valuation
Trade Compliance
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Penalties
Prior Disclosure
Seizures & Detention
Country of Origin
Duty Drawback
Dumping and
Countervailing Duties
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Focused Assessment
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Professional Association of Exporters and Importers
“Leaders and Partners in Worldwide Regulatory Compliance”

 

ADVANCED CUSTOMS COMPLIANCE TRAINING COURSE
Presenters: The Law Offices of George R. Tuttle
 


October 19, 26, and November 2,9,16, 2005 - One Wednesday evening per week for 5 weeks.

Who should attend:




Corporate Traffic and Customs Supervisors/Managers, Corporate Cost Accounting Supervisors/Managers, Corporate Auditors, and others responsible for corporate Customs compliance.
Certificate:




This is an advanced level PAEI Certificate Course and each participant that attends 80% or more of the session time will receive a certificate of completion signed by George R. Tuttle and the current PAEI Board Chairman.
Location:



The Corporate Training Room at Atmel Corporation, 2325 Orchard Parkway, San Jose, Ca. 95131. Sessions go from about 5pm to 8pm.
Why attend:























The Focused Assessment audit program is used by Customs for large, medium, and small importers to determine their level of compliance and the adequacy of their internal control systems, and to compute the loss of revenue in areas of risk. This risk includes duty free merchandise subject to MPF and HMF. Using risk management concepts, Customs conducts a pre-assessment survey of the internal controls used by the company over their Customs transactions to determine whether additional testing is necessary. Companies are expected to create compliance improvement plans where deficiencies are identified after the pre-assessment survey is completed, tender duties and/or fees as appropriate, and be subject to re-audit. Please see the complete course outline listed on the back of this flyer. To understand the detail of the scope of a Focused Assessment Audit, go to the Customs Web site (www.customs.gov), click on Importing and Exporting, and then select the second title under Regulatory Audit Programs Information.
Food:




Sandwiches, potato chips, seasonal fruit, cookies and chilled sodas and waters will be catered and on-hand at each session. If you have special food needs, please advise us and we will try to accommodate.
Cost:


$235.00 for PAEI members, or members of approved supporting trade organizations $265.00 for non-members.

Registration:



You may register for this course and pay by credit card in a secure environment on our Web site at http://www.paei.org (We accept VISA, AMX, or MasterCard)
-or-




Send your check postmarked no later than October 7, 2005 – made payable to: PAEI, P.O. Box 612743 San Jose, CA. 95161-2743. PAEI Tax ID#680117035 (send a copy of this flyer with your check)

..........................................................................................

Name: __________________________________________________
Company: _______________________________________________
Address: ________________________________________________
Telephone#______________________________________________
Email ___________________________________________________
PAEI Member ____ Yes ____ No
Organization Affiliation: ____________________________________
Check# ___________ Amount: _______________

Any course questions can be addressed to Dan Kromat, Director/PAEI (650) 228-7155, dan.kromat@ksicorp.com or

Jo-Anne Daniels, Director/PAEI (650) 726-6754, tra3332003@yahoo.com

..........................................................................................


Program Outline

Course Overview

  • Customs Organization and the emphasis on Compliance
  • Resource Documents: The Customs Web Site, The HTSUSA, The Explanatory Notes, the Customs Regulations, and related publications and databases
  • Duty savings, strategies, programs and techniques

Compliance Procedures

  • Reasonable Care, Informed Compliance, and Enforced Compliance
  • Focused Assessment Audits, Importer Self Assessments, Customs Investigations, Requests for Information
  • Company Internal Control Procedures and compliance manuals

The Customs Entry Process and Accounting Records and Recordkeeping Requirements

  • Types of entries: Consumption, warehouse, Temporary Importation Bonds, Warehouse Entries, FTZ entries
  • The order and entry process, Customs invoicing requirements
  • Post entry amendment procedures: PEAS, SILS, Reconciliations, and Prior Disclosures
  • Quantities (overages and shortages)
  • Recordkeeping requirements, the (a)(1)(A) list, and penalties

The Valuation of Products

  • Understanding the transaction: Problems and Pitfalls in the entry documents vs. the commercial billing and payment procedures
  • Transaction value and determining the price paid
  • Additions to the price paid or payable: assists, including components, tools, dies, molds, machinery research design development, freight costs, packing
  • Identification of sales for export and the Nissho-Iwai case
  • Related Party transactions and transfer pricing issues,
  • The alternative basis of valuation

Classification of Merchandise Under the Harmonized System

  • Entry requirements and the deposit of estimated duties
  • Principles of classification: the GRI's and Explanatory Notes
  • Classification principles relating to chapters 84, 85 and 90, including the functional unit and essential character rules.
  • Recent classification issues and rulings relating to Chapters 84, 85 and 90
  • Revisions to the HTSUS

Country of Origin Determinations

  • Compliance with the country of origin rules, trade preferences, marking, and invoicing requirements
  • Substantial Transformation (subjective)
  • Change of Heading (objective)

Duty Exemptions

  • Chapter 9801: American Goods Returned
  • Chapter 9802: Articles exported for assembly, or repair or alteration; returned defective articles

Trade Preference Programs Eligibility Requirements

  • North American Free Trade Agreements (NAFTA)
  • Generalized System of Preferences (GSP)
  • Singapore Free Trade Agreement (US-SFTA)
  • Israeli Free Trade Agreement (IFTA)
  • Australia Free Trade Agreement (AUSFTA)

Penalties

  • Civil penalties can be assessed for false documentation: 19 U.S.C. § 1592
  • Prior Disclosure to Limit Penalties: procedures and benefits
  • Liquidated damage claims and Demands for Redelivery
  • Potential criminal liabilities

Marking Requirements

  • Marking rules
  • Marking and exceptions to the marking rules
  • Invoicing requirements

Copyright © 2005 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

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