Archive for the ‘Forms’ Category


 

AMPS & The NAFTA Certificate of Origin

Canada Border Services Agency LogoThe Canada Border Services Agency AMPS (Administrative Monetary Penalty System) legislation enables the CBSA to levy monetary penalties for non-compliance of specified regulations ranging from $100.00 up to $25,000.00 per infraction. This legislation is designed to promote compliance from all sectors of the importing community within the various CBSA regulations.

One of the major areas of concern under this legislation is the NAFTA Certificate of Origin (NAFTA). Section 35.1 of the Customs Act states that an Importer or Owner of goods must have a properly completed certificate of origin in their possession when claiming preferential tariff treatment for their goods. This means that in order to claim goods duty free under the NAFTA Agreement, you must have a properly completed NAFTA certificate on file, from your vendor, at the time the goods are accounted for with the CBSA.

Should the CBSA conduct an audit of your company and find that goods have been declared at a lower duty rate using a Preferential Tariff Treatment and a properly completed certificate of origin is not on file, the penalties for non-compliance of this regulation are as follows:

  • 1st Infraction – $1,000.00
  • 2nd. Infraction – $5,000.00
  • 3rd. Infraction – $10,000.00
  • 4th. and Subsequent Infractions $25,000.00

For anyone importing goods from the USA or Mexico the importance of this cannot be stressed strongly enough. Proof of Origin will be a major part of any Customs audit and obviously the cost of non-compliance is extremely high.

As an Importer of Record with the CBSA, it is your responsibility to ensure that all your US and Mexican suppliers provide you with an original, properly completed and signed NAFTA Certificate of Origin for all goods that you purchase from them.

If you do not have a NAFTA Certificate on file and one cannot be obtained within five (5) days from the date of release of the goods, the applicable duty must be paid on those goods. If a situation arises whereby you have to pay duty because you do not have a NAFTA Certificate available at the time of release, you can pursue a duty refund by providing a properly completed NAFTA Certificate within one year of the date of release of the shipment in question. Our Compliance team would be happy to work with you and your supplier to obtain the necessary certificate(s) for refund claims as required.

Should you have any questions regarding AMPS and your NAFTA or other Certificates of Origin please don’t hesitate to contact our office and a member of our Compliance team will be happy to assist you. You can also visit our website at www.pcb.ca for upcoming Trade Compliance Seminars on this and other important international subjects.

Unexpected Costs When Importing into Canada

Shocked!After months of effort, you successfully establish a solid foreign source for a product line. You have met with the manufacturer and are confident with the company and their ability to produce a quality product that meets your criteria and time frame. You have determined packaging and labeling requirements, sought out a good freight forwarder to manage the movement of the goods, and have carefully researched the customs clearance process with your customs broker. Terms of sale, financing, tariff classification, import documents – everything is in order. In short, you have done all your homework to purchase the right product for the right price to get it to the right place at the right time.

So would you anticipate paying any other costs to import your goods? Probably not – because you have carefully covered all possibilities. However, let’s look at some of those unexpected fees that could occur. Some which are preventable and some which could happen even if you have done everything correctly.

Customs exams: Most of these are totally unavoidable. As the front line of defense for goods entering a country, any Customs agency in the world has the right to examine goods and will never divulge their process for determining which shipments are examined and which are not. In particular, you can probably expect an increased chance for an exam if you are importing from overseas for the very first time, or if you import from countries which could be deemed to be a higher risk.

Potential costs? Full ocean container inspections start around $850. Less Than Container Load (LCL) shipments are significantly lower and start around $35.

Canadian Food Inspection Agency (CFIA) exams: There are many other government departments involved with the importation of goods, however, the CFIA is the predominate one. They are Canada’s watchdog when it comes to imports of food, meat, fruit & vegetables, plants and flower bulbs to name but a few of the products under their governance. This also gives them the authority to conduct their own examinations independently from Canada Customs. Quite often these examinations are done on site for regular importers, however, the CFIA will determine this based on their own criteria. Currently wood packaging is a huge target on their radar due to the various types of bugs which can hide in untreated or raw lumber.

Potential costs? There are usual costs that the CFIA issues for standard inspections (http://www.inspection.gc.ca/english/reg/cfiaacia/feesfrais/feesfraise.shtml) but if goods are held in detention the costs could be over $100/hour. When it comes to improper wood packaging or if they find bugs (dead or alive) inside a shipment, the repercussions could be substantial – $1000 and upward. If they deem the risk too high, they can refuse the entry of the goods into Canada. Are these avoidable? The latter situation is however the CFIA works in a similar approach to Customs and has the right to examine shipments as they determine.

Demurrage, detention and storage fees: These are fees usually assessed for rail or ocean freight movements when free time has expired. The amount of free time that you have to move the container from the dock or rail yard will largely depend on several factors: the mode of transportation (rail or ocean), the terminal location (for example, Vancouver could be different than Montreal), and the shipping line or freight consolidator (in the event of less than container load freight). Your best course of action is to communicate closely with your freight forwarder or customs broker to verify who is looking after the final delivery once the container arrives at the terminal.

Potential costs? Based on the aforementioned factors the rates for a full container range from about $100 to $200 per day. In many cases the daily rate will continue to increase if freight remains at the terminal longer than three days.

AMPS penalties: AMPS is an acronym for the Administrative Monetary Penalty System which came into effect in 2002.  AMPS covers a wide range of importing and exporting infractions where the penalties are administered by the CBSA (Canada Border Services Agency) and could be issued at either the time of entry into Canada, or during an audit or import review. To view the entire master penalty document go to:  AMPS – Master Penalty Document.

Potential penalty amounts? There is a broad range of penalties from $150 per instance to $25,000. It is important to note that in most cases penalties increase with subsequent occurrences of the same infraction therefore if you do receive an AMPS penalty please put procedures in place to avoid future penalties which can only become more costly.

Avoidance? The best method is to have a solid understanding of your responsibilities as the importer of record and to build a compliance program with your customs broker. For a review of some of the key areas, please refer to our previous blog -Topics You Should Include When Documenting Your Import Process.

No one likes unpleasant, particularly costly, surprises especially at a time when profit margins are slim and time frames are short. The intent of this information was to make importers aware of some of the unforeseen situations so they can be best prepared when making a foreign purchase. As always, please feel free to contact Pacific Customs Brokers, if you should have questions or need assistance. Better to ask than assume.

NRI- Be Prepared Before You Ship

Antique Books and Glasses“Risk comes from not knowing what you’re doing.”
Warren Buffett

 

Would you go cliff diving without knowing how deep the water is? Of course not!

Exporting to Canada can be an easy process or difficult depending upon your knowledge and resources. Many US Companies have been setting up as Non-Resident Importers without knowing all the facts and or not enough preparation before they start using the NRI option for their sales advantage to Canada.

I always remember and refer to the Boy Scouts motto “Be Prepared” for reviewing the NRI process before you export your goods to Canada.

B Begin the information gathering, find out what is needed to import your   product into Canada, are there any   special permits or licenses needed?

EExplore different ways you can price your product to make it attractive to the buyer. Should you build in import costs in the price you show, or detail  them on your invoice?

 P Plan how you are going to ship and distribute your products in Canada.   Consolidate or Ship direct?

RRequest the services of our consulting team to rate your catalog of products   to discover the duty rates that may affect your delivered price.

EEstablish your final delivered price, making sure all import costs are   included to maximize profits.

PProceed with the document set up with Pacific Customs Brokers to make   sure your import account is set up and ready to avoid border delays.

A Audit your procedures and how your paper trail will look to ensure you are in   compliance with all customs  regulations.

RReview the GST tax considerations, do you need to, or should you register   for a GST tax account.

EEducate your sales staff on how to quote a landed cost.

DDelight your customers in Canada with your no border hassle sales solution  and Sell, sell, sell!  

Why Is A Bill of Lading Important?

ClipboardThe Canada Border Services Agency (CBSA) needs and wants to know exactly what’s on your truck. To help make sure all goods on your truck are accounted for and declared, you must supply a bill of lading or pick up receipt when faxing your Pre-Arrival Review System (PARS) entry to your customs broker.

Why is a Bill of Lading used?

The main purpose of the standard straight bill of lading is that it is a contract of carriage. Other useful purposes are:

  • It may incorporate the full terms of the contract between the consignor and the carrier by reference.
  • It is a receipt signed by the carrier confirming whether goods matching the contract description have been received in good condition.
  • When completed in full, it helps the customs broker match up commercial clearance paperwork to ensure they are able to make a complete declaration for all goods aboard that truck.

The carrier or the shipper can complete it, but the driver of the transport company is to sign and date it once the goods are onboard his/her truck.

Important Information

For Customs purposes, some of the most important details on the bill of lading are:

  • Piece count (total skids, boxes, pallets)
  • Weight (total weight of the goods listed)
  • Description of goods
  • Date (the date of pick up/export is used to establish the date for exchange rate)

If there is only one (1) location you have picked up goods from, then only one (1) bill of lading or pick up receipt is required. If you are picking up from multiple locations, then you need to have a bill of lading or pick up receipt for each location you’ve picked up from.

Commercial Documents

When picking up freight from the shipper, they may give commercial documents to you. If they do, please send them to the customs broker with the bill of lading or pick up receipt. It’s important that you send the customs broker all documents you have. It helps ensure that all required documents are in place to declare those goods to Customs. If the shipper doesn’t supply you with commercial documents, please let the customs broker know as soon as you know, so that they can work on getting the documents in order.

Other Documents

Often, a commercial invoice and bill of lading are sufficient for the customs broker and CBSA to process your load. There are many instances where special documentation will be required. Some examples of goods that need additional documents are:

  • CFIA regulated goods (fresh fruits & vegetables, fresh cut flowers)
  • Transport Canada regulated goods (Vehicles) – which require another government agency (in addition to CBSA) to review the import

When faxing your PARS to the customs broker (at least five (5) hours in advance), simply affix your barcode label to the bill of lading, making sure you are not covering up any important information. Be sure to clearly indicate which port you’re crossing at and on what date and time. Please also include your phone number so that you can be contacted in the case there are any documentation issues.

Please remember to ALWAYS confirm that your load has been set up before you get to the border.

Be accountable for the goods you are transporting and your cross border experience. Providing all the appropriate paperwork and allowing the customs broker time to do their part, will truly ease your journey.

Top 5 Mistakes When Completing a NAFTA Certificate of Origin

NAFTA FlagsPacking slips, commercial invoices, customs invoices. All are documents that can be easily completed. What I mean is… you are simply taking shipping or invoicing data – shipper, consignee, carrier name, description of goods, etc. and plugging it into the respective area on one of these documents.

How about the North American Free Trade Agreement (NAFTA) Certificate of Origin (NCO)? Can you use the same document completion philosophy?

At a quick glance at an NCO, one might assume that the answer is yes. Exporter – yes. Producer – yes. Importer, description of goods, blanket period – yes, yes, yes. Sounds like we’re on a roll! We read the NCO completion instructions, understand what data is required and we’ll just finish this form off to satisfy the foreign purchaser’s request. Right?

Wrong!

The main difference between an NCO and the aforementioned documents is that all the products you list on this document must qualify under the North America Free Trade Agreement. That’s right – do not simply complete the document. There are rules that must be observed.

As we already noted, some fields on the NAFTA Certificate of Origin are fairly basic and you can easily fill them in. The focus of this article is to provide clarification on the less understood areas to raise awareness of their complexity.

Field 6 – Harmonized System (H.S.) Tariff Classification Number

As emphasized in a previous article, it is very important that the H.S. tariff classification is correctly assigned to each product, as the first six digits will determine which of the NAFTA “Specific Rules of Origin” will apply (go to page 141 to see the list).  If you are unsure regarding the tariff classification, please contact a customs broker for assistance.

Field 7 – Preference Criterion

The completion of this field is going to depend on where a product was sourced or manufactured, the extent of the manufacturing and transformation process, and/or the source and place of manufacturing for any raw materials. Note that the preference criterion chosen for one product might not be the same as for another, and each situation will need to be evaluated on its own merit.

Field 8 – Producer

Hey, you get a lucky break! This is one of the easier ones. YES, NO(1), NO(2), and NO(3) are your options. The ‘NO’ options of (1), (2), and (3) refer to what you are basing your NAFTA claim on – whether you ‘just know it is NAFTA eligible’ (1), or you have documentation from the producer that it is NAFTA eligible (other than an NCO) (2), or you have a voluntarily provided & accurately completed NCO from the manufacturer (3). We respectfully advise that you go for (3), as this assures that the actual producer has done his due diligence in confirming NAFTA eligibility of the product he is providing to you.

Field 9 – Net Cost

In order to properly complete this field, you will need to understand the NAFTA Specific Rule of Origin applying to a product to determine if Regional Value Content is a factor and whether the Net Cost method will be used. In this field, you will either show ‘NC’ if the Net Cost method was used, or ‘NO’ (all other situations). By the way…do not place a dollar amount in this field, as this merely indicates to a customs agency that you did not read the instructions!

Field 10 – Country of Origin

This one sounds simple, doesn’t it? You would be amazed, however, at the number of NCO’s we receive that indicate countries other than the U.S., Canada or Mexico (remember, it’s the North American Free Trade Agreement). Another common mistake is for someone to automatically assume that just because certain products are made in Canada, the U.S., or Mexico they qualify for NAFTA. In fact, if they do not qualify, they must not be listed on this document.

Sound complicated? In some cases, it is straight forward, but in so many others (for example, products with many foreign components), NAFTA qualification can be an onerous task. The point we are making is for companies and individuals to realize that much care needs to be exercised (before signing, please read the disclaimer at the bottom of the form so you understand your responsibilities).

Repercussions

Your worst nightmare would be a situation where a company has been importing a product for many years assuming that it qualifies under NAFTA (i.e. duty free), then discovering through a customs audit that the goods do not qualify. Regular Canadian or U.S. duty rates range from duty free to over 200%; fines and penalties could also be assessed. Need we say more?

It should be noted that similar rules apply for any Certificate of Origin relating to a free trade agreement. For instance, if you grab a copy of a Canada-Chile FTA Certificate of Origin, you will notice many similarities.

Still baffled over the completion of this document, or whether or not your goods qualify under NAFTA? If you require advice or have questions related to NAFTA,  feel free to contact our Trade Compliance Department.