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Reimbursement Certifications Customs Changes Policy Regarding Antidumping Reimbursement Certificates

REIMBURSEMENT CERTIFICATIONS
IMPORTER ALERT
CUSTOMS CHANGES POLICY REGARDING
ANTIDUMPING REIMBURSEMENT CERTIFICATES

Importers of merchandise subject to an antidumping duty order are required to file a statement with U.S. Customs certifying that they have not entered into any agreement or understanding with the manufacturer, producer, seller, or exporter, for the payment or refund of all or any part of the antidumping duties assessed on the imported merchandise. Importers must certify, under penalty of Customs fraud, that they are not being reimbursed for any applicable antidumping duties. Customs headquarters issued a memorandum on November 18, 2005 containing new reimbursement certificate guidelines.

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Duty Free Programs Explained

Arthur W. Bodek will be presenting at a webcast, organized by A.N. Deringer, Inc., on the ins and out of Free Trade Agreements (FTA) and other duty-free programs.  

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Failure To Properly Report Product Origin Can Result In Substantial Penalties

You would think that as globalization continues to expand, the identity of the source and origin of the product would be of diminishing interest. Putting consumer preferences or lack of them aside, the US government wants to know where imported goods are made, and what processes are performed in the country of origin. Failure to properly report "origin" can result in substantial liability. Likewise, a US exporter or seller can also run afoul of these origin requirements.

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Art Crimes and “Stealing Culture”

On September 13, 2012, James McAndrew will be featured on the documentary series Crime Inc. for CNBC, hosted by Carl Quintanilla.

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First Sale Update

Thoughts on the ‘first sale’ rule

The ‘first sale’ rule is a method used to arrive at the transaction value of merchandise which is the subject of multi-tiered sales. Because the first sale price is always lower than any subsequent resale price, the use of the first sale appraisement method results in substantial savings in duty. The main commercial blocks of the world – the European Union (EU), United States (US) and Japan – accept the first sale appraisement and in the US, this process has been validated through a series of court decisions. Recently, however, a move to ‘last sale’ appraisement has been proposed. This has prompted many substantial importers, trade groups and industry organisations to file comments and legal briefs in strong opposition to the proposal. This article considers the position being taken by the EU Commission, the likely result in a change to the World Trade Organization (WTO) Agreement on Customs Valuation, and concludes with the hope that customs administrators in the US and EU will heed the comments of the international trade community and continue the ‘first sale’ rule.

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