Sunday, December 6, 2020

Export, Import, Customs - From www.trade.gov pages - Republication (Updated Dec 6, 2020)

Export; Import; Customs

FTA

EU Data Privacy and Protection

From www.trade.gov pages

Republication

(Updated Dec 6, 2020)

U.S. Export Regulations:

Reporting Export Sales

Federal law requires exporters to use the Automated Export System (AES) to report shipments valued at $2,500+ or if it requires an export license.

Obtaining an Export License

Learn when you need an Export License and from whom in order to ship your products from the United States.

Checking the Foreign Buyer and End-User

The Consolidated Screening List (CSL) discloses persons or entities have been denied export privileges, or to find restrictions on certain exports, reexports or transfers of items.

(cf. https://www.trade.gov/comply-us-and-foreign-regulations)

(cf. https://www.trade.gov/us-export-regulations)

U.S. Export Controls

Export License

Destination Control Statement

ECCN and EAR99

Determining ECCN

https://www.trade.gov/us-export-controls

How Do I Determine My Export Control Classification Number (ECCN)

The key in determining whether an export license is needed from the Department of Commerce is finding out if the item you intend to export has a specific Export Control Classification Number (ECCN). ECCNs are five character alpha-numeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes. An ECCN categorizes items based on the nature of the product, i.e. type of commodity, software, or technology and its respective technical parameters.

https://www.trade.gov/how-do-i-determine-my-export-control-classification-number-eccn

Filing Electronic Export Information Using AESDirect

Federal law requires that prior to international shipment, you may need to file your export transaction electronically. This electronic filing is referred to as Electronic Export Information (EEI filing) and is required when the value of the commodity classified under each individual Schedule B number is over $2,500, or if a validated export license is required. The information about export transaction allows the U.S. Census Bureau to collect trade data on U.S. exports and to ensure compliance with U.S. export regulations. The EEI filing is submitted to the Automated Export System (AESDirect) hosted on the Automated Commercial Environment (ACE) platform. Before considering the steps below, you can view video series on the AES system.

Tips:

Prior to exporting, you should acquire the Schedule B number for the commodity to be exported. This number can be obtained from the Census Bureau at 1-800-549-0595, or visit the webpage for the Schedule B search tool and steps.

https://www.trade.gov/filing-your-export-shipments-through-automated-export-system-aes

Consolidated Screening List

Use the Consolidated Screening List Search Engine.

The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports or transfers of items. Below, under “Tools” are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury.

https://www.trade.gov/consolidated-screening-list

European Union - Data Privacy and Protection

This section provides an overview of the changes in the EU data privacy framework, and how it may impact U.S. industry.

The EU General Data Protection Regulation (GDPR), which governs how personal data of individuals in the EU may be processed and transferred, went into effect on May 25, 2018. GDPR is a comprehensive privacy legislation that applies across sectors and to companies of all sizes. It replaces the Data Protection Directive 1995/46. The overall objectives of the measures are the same – laying down the rules for the protection of personal data and for the movement of data.

Note, see Commerce's July 16, 2020 press release on the Schrems II Ruling and Importance of EU-U.S. data Flows. According to the release, "The Department of Commerce will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification to the Privacy Shield Frameworks and maintaining the Privacy Shield List."

https://www.trade.gov/european-union-data-privacy-and-protection

Custom Requirements and Documentation

Country Commercial Guides

A great starting point to learn about Customs requirements is the Country Commercial Guide (CCG). Prepared by U.S. Embassies abroad, CCGs provide information about:

Import Tariffs - average tariff rates for different types of goods, including in best prospect sectors.

Import Requirements and Documentation – the requirements for the U.S. exporter and the foreign importer, or where to find them.

Labeling and marking requirements – an overview of the different labeling and marking requirements, including any restrictive advertising or labeling practices, and where to get more information. You can also learn about any Packaging and Recycling Laws.

Special situations – when goods are temporarily imported, prohibited or restricted.

Customs authority contact information.

Standards – the general environment, authorities, standards and testing requirements, and publication of standards.

For example, some countries may require a Certificate of Conformity, usually for certain kinds of manufactured goods. Exporters are required to have the product analyzed and tested by an authorized third party.

View the CCGs.

Agriculture-Specific Requirements and Certifications

Agricultural exports require a number of unique documents and certifications from both the U.S. and destination country. You can find more information about agricultural requirements at the Foreign Agricultural Service (USDA) website.

https://www.trade.gov/custom-requirements-and-documentation-country-commercial-guides

Product Standards

To find out about product standards, you can check in the Country Commercial Guide.

In the European Union (EU), your product may need a CE marking and certification.

In China, many manufactured goods require China Compulsory Certification (CCC).

· Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. You can sign up for Notify U.S., a free, web-based e-mail subscription service, for the opportunity to review and comment on proposed foreign technical regulations that can affect your access to international markets.

· The International Organization for Standardization (Organisation internationale de normalisation), widely known as ISO, is an international standard-setting body composed of representatives from various national standards organizations.

https://www.trade.gov/product-standards

Tariffs and Free Trade Agreements

Countries may assess a tariff and local taxes on your product that will have to be paid before it can enter the market. Learn about Import Tariffs.

To look up foreign tariffs and taxes, go to the Customs Info Database. Learn more about this tool.

If you are selling to a country with which the U.S. has a free trade agreement, check out our FTA Help Center. You will find information about how to qualify your goods for preferential tariffs, where to look up tariff rates, and information about each agreement.

If your company finds itself subject to a foreign trade remedy action, the International Trade Administration's Trade Remedy Compliance Staff can help.

https://www.trade.gov/tariffs-and-free-trade-agreements

Onerous or Discriminatory Certifications, Standards and Regulations

Where particularly onerous or discriminatory barriers are imposed by a foreign government, a U.S. company may be able to obtain help from the U.S. Government to press for their removal. In these cases, the firm should: