a glossary of key customs and trade terms

Cargo Customs Declaration, SAD SAD is a set of 8 copies

SED - shipper's export declaration  Entry Summary

SAD, означающий Single Administrative Document

HS Code = Tariff Classification / Nomenclature = customs code

structure of the HS code: 21 Sections - 97 Chapters - 1,200 headings - subheadings

uniform classification practices

complete object

customs inspection

Infringing, counterfeit goods

An importer failing to meet in full

Single charge

EC Combined Nomenclature

Harmonized Commodity Description and Coding System

Ukrainian Classification of Commodity of foreign economic activity

Customs warehouse

Temporary storage warehouse

Bonded warehouse    public bonded warehouse private bonded warehouse

Customs value declaration                                              CVD

Record card

Customs charges

clearance charge

A number of foreign currency transactions may only be undertaken if an individual license is obtained from the NBU

Foreign investors are entitled to repatriate profit

Payments under foreign trade contracts

to convert foreign currency export proceeds into hryvnia

prepaid goods

To defer payment of import taxes and duties

post-entry customs audits     post-clearance - examination of accounts and records

the declared customs value is generally used  as the basis for determining customs duties

duty may be ad valorem, specific (in monetary units per unit of goods), or a combined (compound, mixed). There are seasonal, safeguard, anti-dumping and countervailing

toll manufacturing, tolling transaction, processing of raw materials

either in cash or by a portion of finished products and/or raw materials

The imported raw materials and the finished products made therefrom are exempt from import taxes

minimal value of tolling raw materials - the 20% rule

expenses incurred in connection with

repayment term may not exceed ninety (90) calendar days

the promissory note will be deemed as repaid and the import duties, taxes and fees (with the exception of customs fees) will not be collected

a fine in the amount of 0.3% of the total value of the undelivered finished products for each day of delay

"technological scheme" for processing raw materials

customs office has grounded doubts about the data provided by the importer

pre-arrival control

release into free circulation

Zero duty rate

a flat duty rate of 10% is applied

File, submit, lodge a declaration

declaring, reporting, entry of goods (US only)

border entry point

customs-declarable commodity

for customs purposes

in-bond

under customs control, under customs supervision

separation of merchandise

contraband or other prohibited articles

personal belongings, effects

dutiable

surplus proceeds

non-tariff measures should apply

not intended for consumption

No need to clear shipments personally if under $2,000 in value

outer packing

subject to seizure and forfeiture

Surplus Goods

a deficiency in quantity, weight or measure

goods dutiable on net weight

properly described and classified

the combined articles will be subject to the highest rate of duty applicable to any part of the commingled lot

replacement goods

defective goods

duty-free entry

Generalized System of Preferences GSP

In order to claim preferential tariff treatment on

Transaction value of identical merchandise

Transaction value of similar merchandise

Deductive value

Computed value

merchandise being valued

A copy of this contract must be furnished to

Вiддiл контролю за перемiщенням товарів

Authorisation of the customs office

відділу номенклатури та класифікації товарів

відділу контролю митної вартості та номенклатури

self-assess

Customs law is the same throughout all 27 member states of the EU. Customs duties are the income of the European Commission, not individual Exchequers, and the legislation is directly applicable from Brussels

either by the importer or by its agent on paper and electronically

Preliminary binding classification rulings

All these requirements must be met before the merchandise may be released by Customs

after invoice dispatch

Post-entry                                                                      -

contracts for the construction or acquisition of immovable property on the territory of Ukraine are governed exclusively by Ukrainian laws

contract must adhere to substantive Ukrainian laws

automatic import licensing - goods are not subject to a quota

Conversely, non-automatic licensing subject to a quota

exhaustion of quotas

issuance of a license

The licensing requirements also apply to barter

undelivered products

concise summary of the agreement

an abbreviated identification of the counterparts (e.g.,"Seller," "Buyer," etc.)

If the price of the agreement is determined according to a formula, then the parties must state the estimated value of the agreement as of the date of its conclusion

decline to perform the agreement in part or in full without additional financial responsibility

Without such stamps, no alcohol or tobacco products could henceforth enter or be sold in Ukraine and, if found in Ukraine, they are subject to confiscation

The only exception applies to foreign investors

significant delays, increased costs, additional efforts, and even lost profits it is extremely important to seek expert advice when dealing with Ukrainian customs authorities

The local customs office at the location of the warehouse

license to open and operate a warehouse is not transferable to third persons

a duly executed cargo customs declaration

carrying out customs clearance of the goods

an internal transit document

hygienic conclusion

Customs offices of departure, transit and destination, Customs office en route

Before presenting a TIR Carnet to a Customs officer

avoid delays at Customs offices

in the presence of the Customs Authorities

The Customs Authorities will draw up the relevant certified report and then affix new Customs seals on the replacement vehicle or container

Customs formalities

assessment of duties and taxes" determination of the amount of duties and taxes payable

audit-based control

examination of the relevant books, records

checking the Goods declaration" the Goods declaration is correctly made out and that the supporting documents required fulfil the prescribed conditions

collection of duties and taxes

Customs control" ensure compliance with Customs law

Customs duties" means the duties laid down in the Customs tariff

performance of Customs formalities

individual act

declarant" makes a Goods declaration

examination of goods

the particulars furnished in the Goods declaration

Goods declaration" a statement made in

Any expenses chargeable by the Customs shall be limited to the approximate cost of the services rendered

unless the context otherwise requires

release of goods

repayment" means the refund

a common border crossing

joint controls

conditions under which

Any person having the right to dispose of the goods shall be entitled to act as declarant

Responsibilities of the declarant

The declarant shall be held responsible to the Customs for the accuracy of the particulars given in the Goods declaration

Before lodging the Goods declaration the declarant

to inspect the goods; draw samples, take samples

electronically lodged Goods declaration

provisional or incomplete Goods declaration

deemed necessary by the Customs

The release of the goods shall not be delayed provided that

Where certain supporting documents cannot be lodged with the Goods declaration

The Customs shall permit the lodgement of supporting documents by electronic means

obtain the supporting documents required

an appropriate record of compliance with Customs requirement

prior to the arrival of the goods

When the Customs cannot register the Goods declaration, they shall state the reasons to the declarant

unless exceptional circumstances exist

The Customs shall not impose substantial penalties for errors where they are satisfied that such errors are inadvertent and that there has been no fraudulent intent or gross negligence

security, where required, has been furnished to ensure collection of any applicable duties and taxes

goods are not subject to prohibitions or restrictions

goods are abandoned to the Revenue or destroyed or rendered commercially valueless under Customs control

irrecoverably lost by accident or force majeure

Repayment shall be granted where it is established that duties and taxes have been overcharged

shall not entail any cost

permission is given by the Customs

without undue delay

verification of claims

overcharge is a result of an error on the part of the Customs

as a matter of priority

security is to be provided

Where national legislation provides

Customs procedure will be fulfilled

Where security has been furnished

risk management

audit-based controls

paper-based documentary requirements

Any person who is directly affected by a decision or omission of the Customs shall have a right of appeal in Customs matters

The person directly affected by a decision or omission shall be given the reasons for such decision

A time limit shall be fixed for the lodgement of an appeal against

Formalities prior to the lodgement of the goods declaration

cargo declaration

The carrier shall be held responsible to the Customs for ensuring that all goods are included in the cargo declaration or are brought to the attention of the Customs in another authorized manner

goods on board vessels or aircraft crossing the Customs territory that do not call at a port or airport

carrier shall be required to take reasonable precautions to prevent the goods from entering into unauthorized circulation and to advise the Customs

as a matter of course

Arrival outside working hours

temporary storage of goods" the storing of goods under Customs control

insofar as applicable

stock-keeping and accounting

preservation in their unaltered state

Goods deteriorated, spoiled or damaged by accident or force majeure before leaving the temporary store should be allowed to be cleared as if they had been imported in their deteriorated, spoiled or damaged state provided that such deterioration, spoilage or damage is duly established to the satisfaction of the Customs

goods in free circulation" means goods which may be disposed of without Customs restriction

compensating products

Re-importation in the same state shall be allowed even if only a part of the exported goods is re-imported by a person other than the person who exported them

Re-importation in the same state shall not be refused on the grounds that the goods have been used or damaged or have deteriorated during their stay abroad

No written Goods declaration shall be required for the re-importation in the same state of packings, containers, pallets

notification of intended return

should be granted conditional relief from any export duties and taxes applicable

irrespective of their normal tariff classification

Such cases shall be as few as possible

in international instruments under the conditions laid down therein

Relief from import duties and taxes and from economic prohibitions and restrictions should be granted in respect of the following goods

Samples of no commercial value or negligible value

removal of his residence to the country

Effects inherited by a person

Personal gifts on the basis of retail value

charitable or philanthropic organization to needy persons

subject to the production of any supporting documents required by the Customs

Products imported for testing

outright exportation" means the Customs procedure applicable to goods which, being in free circulation, leave the Customs territory and are intended to remain permanently outside it

Admission of goods

public hygiene or health, or for veterinary or phytosanitary considerations

on condition that they are to be subsequently exported

obligations under that procedure thereby being suspended or discharged

improve their packaging or marketable quality or to prepare them for shipment, such as breaking bulk, grouping of packages, sorting and grading, and repacking

The transfer of ownership of warehoused goods shall be allowed

deterioration or spoilage is duly established to the satisfaction of the Customs

free zone

as being outside the Customs territory

carry out checks at any time on the goods stored

No Goods declaration should be required

Customs should not require security for the admission of goods to a free zone

Transfer of ownership

Customs transit" - goods are transported under Customs control from one Customs office to another

Customs transit operation transport of goods from an office of departure to an office of destination under Customs transit

Customs transit: (a) from an office of entry to an office of exit; (b) from an office of entry to an inland Customs office; (c) from an inland Customs office to an office of exit; and (d) from one inland Customs office to another inland Customs office Customs offices, both inland and at the frontier

Goods being carried under Customs transit shall not be subject to the payment of duties and taxes, provided the conditions laid down by the Customs are complied with and that any security required has been furnished

compliance with the obligations incurred under Customs transit

Any commercial or transport document setting out clearly the necessary particulars shall be accepted as the descriptive part of the Goods declaration for Customs transit and this acceptance shall be noted on the document

no concealed spaces where goods may be hidden

accompanying documents

full examination of the goods and recording the results thereof

stipulation of a strict routing and strict time limits

under Customs escort

Formalities en route

Transfer of the goods from one means of transport to another shall be allowed without Customs authorization, provided that any Customs seals or fastenings are not broken or interfered with

to report accidents or other unforeseen events to the nearest Customs office or other competent authorities

Recommended Practice

transhipment" goods are transferred under Customs control from the importing means of transport to the exporting means of transport

Carriage of goods coastwise are loaded on board a vessel at a place in the Customs territory and are transported to another place in the same Customs territory where they are then unloaded

be segregated from other goods

a vessel which is to call at a foreign port during its voyage coastwise

procedure is interrupted by accident or force majeure

take reasonable precautions to

vessels which trade regularly between specified ports

Inward processing

manufacturing, processing or repair and subsequent exportation

Goods admitted for inward processing shall be afforded total conditional relief from import duties and taxes

waste, deriving from the processing or manufacturing of goods admitted for inward processing

description, quality and technical characteristics

Authorization for inward processing

authorities empowered to grant such authorization

authorization should be granted retrospectively

undergo manufacturing or processing

Stay of the goods in the Customs territory

Upon request by the person concerned

subject to compliance with the conditions and formalities applicable in each case

total or partial exemption from import duties and taxes

due account shall be taken of

competent authorities shall allow goods temporarily exported for outward processing to be re-imported with exemption from import duties and taxes if they are returned in the same state

Drawback shall be paid as soon as possible after the claim has been verified

electronic funds transfer

if so requested

Where justified by the circumstances

conditionally relieved totally or partially from payment of import duties and taxes

without having undergone any change except normal depreciation due to the use made of them

National legislation shall enumerate the cases in which temporary admission may be granted

prior authorization is required

subsequent re-exportation of the goods

When the goods granted temporary admission cannot be re-exported as a result of a seizure other than a seizure made at the suit of private persons, the requirement of re-exportation should be suspended for the duration of the seizure

frontier traffic

Customs offence any breach, or attempted breach, of Customs law

administrative settlement of a Customs offence

National legislation shall specify a period beyond which proceedings in connection with Customs offences may no longer be taken and shall fix the date from which that period shall run

Personal searches

suspect smuggling

in offence reports or administrative record

Seizure or detention of the goods or means of transport

The Customs shall seize goods and/or means of transport only when liable to forfeiture or confiscation, required to be produced as evidence at some later stage in the procedure

If a Customs offence relates only to part of a consignment, only that part shall be seized or detained

they shall furnish the person concerned with a document

reason for the seizure or detention, nature of the offence

Means of transport should only be forfeited or confiscated where adapted or altered for concealing goods

privy to the Customs offence

seized or detained goods should not be sold or otherwise disposed of by the Customs before they have been definitively condemned as forfeited or confiscated

detention becomes subject to a review by a judicial authority

record of the person concerned in his dealings with the Customs

Where untrue particulars are furnished in a Goods declaration and the declarant can show that all reasonable steps had been taken to provide accurate and correct information, the Customs shall take that factor into account in considering the imposition of any penalty

dual-channel system

means of transport for private use

traveller, departing resident, returning resident

excluding any goods imported or exported for commercial purposes

Personal searches of travellers for the purposes of Customs control shall be carried out only in exceptional cases and when there are reasonable grounds to suspect smuggling or other offences

Unaccompanied baggage

flat-rate assessment should be applied to goods declared for home use

Entry, Departure

aggregate value of 75 Special Drawing Rights (SDRs)

Non-residents shall be granted temporary admission in respect of their means of transport for private use

Fuel carried in the normal tanks of the means of transport for private use + Any replacement parts  shall be admitted free of import duties and taxes

Transit passengers who do not leave the transit area shall not be required to pass through any Customs control

currently in force

Postal items shall not be subject to Customs formalities whilst they are being conveyed in transit

containing the necessary particulars relating to

regardless of the country of registration or ownership

Means of transport for commercial use, whether loaded or not

specified Customs routes are followed

Stores which are carried in a vessel or aircraft arriving in the Customs territory shall be exempted from import duties and taxes provided that they remain on board

Stores for consumption necessary for the operation and maintenance shall be exempted from import duties and taxes

information required shall be kept to the minimum necessary

The Customs shall not require the presentation of a separate declaration of stores remaining on board aircraft

Replenishment of stores

Relief consignments

lodging of a simplified Goods declaration

charge for clearance outside the designated hours of business or away from Customs offices

substantial transformation criterion substantial manufacturing or processing, deemed sufficient to give the commodity its essential character, has been carried out

ad valorem percentage

undetermined origin

should not be regarded as constituting substantial manufacturing or processing - preservation of goods, improve the packaging or the marketable quality of the goods, mixing of goods

Direct transport rule

Documentary evidence of origin should be required only when it is necessary for the application of preferential Customs duties

conditions under which they were imposed

completion in one run

post-facto control

Any unused spaces should be crossed out to prevent any subsequent addition

A request for control shall not prevent the release of the goods, provided that they are not held to be subject to import prohibitions or restrictions and there is no suspicion of fraud

shall be treated as confidential and used for Customs purposes only

As customs legislation and regulations are constantly changing, it is advised to obtain accurate and current information that would pertain to their specific transaction

exporting best practices

Exporting Paperwork

Upon receipt of the documents

trade barriers and unfair practices

exporting basics

are subject to severe export limitations

newbie exporter

fewer procedures

eligible for preferential tariff measures

To be granted such a preferential origin, a product must be wholly obtained in the beneficiary country, or result from sufficient processing of goods

Entry of goods into the customs territory

processing and subsequent re-exportation

risk-selection criteria

authorised economic operator (AEO) will benefit from simplified customs procedures

in international express-deliveries

goods are in free circulation

total/partial suspension

raw materials, semi-finished, finished products

guarantee to cover

customs debt is incurred

time-limits are exceeded

entails completion of all formalities

no duty relief is applicable

at the external frontier

C/I

P/L

Late delivery

Failure to accept delivery

Damage in transit

Delivery and off-loading costs

shall not as a general rule be subjected to examination

carry out an examination

shall conform to the specimen reproduced in

goods under Customs seal

Preshipment inspection

price band system

entry and temporary stay of natural persons

defects found are of minor importance and do not involve any risk of smuggling

contain no concealed spaces where goods may be hidden

No certificate of approval is required

to carry out spot checks

title to goods is passed from an exporter to an importer

purchase on credit

once cleared through customs

wrongly reclassify

post a bond of 5 mln

tariff ceiling

CV must be based on actual value not arbitrary or fictitious value

customs duties and charges of any kind in connection of import-export

import duty exemption

determine origin of imported goods: added value, change of tariff classification, substantial transformation

(non-)preferential rules of origin

import surcharge (13%)

security deposit on imp goods

customs fees

statistical tax

taxes on imports - not for  fiscal purpose

all quotas were terminated

non-utilized quotas

auto imp licensing granted in all cases - just for stat info

non-auto not granted in all cases - quota, tariff quota

notice of denial

unreasonable delays at borders

unnecessary docs requirements

cust proc and formal may be significant barrier to trade

contract must be worth more than a specific threshold value

precautionary principle

«made in» specifies only the place where the product was produced

formation of the free trade area

circumvention of quantitative restrictions

duties collected must be refunded duty drawback = duty refund = VAT recovery

essential products -  critical import

compliance with technical regulation is mandatory

non-complying products would still be permitted

length of the delay

duty-free and quota-free market access

imports based on reference prices rather than transaction value

overall

merchandise classified under tariff classification

post a bond as a pre-requisite for importation

stamp must be affixed on

CV methods in a sequential order

alleged reclassification for tariff purposes

arbitrarily determined minimum prices based on sources that have never been explained or disclosed

customs valuation practices

Improperly, systematically rejecting an importer’s declared transaction value

post guarantee to secure clearance of imports

relationship btw the parties influenced the import price

in a partial and unreasonable manner

primary CV method

a related-party transaction must be at arms` length

found explanation insufficient to reject declared value

operations which would confer origin to products

highly sensitive com info

appears to be subjecting imported goods to higher taxes than applied to domestically produced

military designation and dual-use goods

not subject to license or quota requirements

customs free trade zone

destruction

abandonment of goods for the benefit of the state

China as major export power

denial may be challenged in court

new-to-export company

CIF&C

has a lot of experience with international trade, including

free-trade talks with

entry process

ban on imports is lifted

security of supply

проформа инвойс

insurance certificate

Minimum Order Quantity

Proof of product

Proof of Past Performance

Export-quality inspection

take title to the product

all major trading partners

Countertrade

low-quality merchandise

a devaluation of the foreign currency could cause the exporter to lose money

obtaining quota allocations for the goods

trade in goods and services totaliing €600 billion each year

ultimate destination

deemed export

exporters occasionally encounter problems with buyers who default on their payment

special handling requirements during shipment

process for the importer's acceptance of the product

documentation requirements: exporter country requirements, importer country requirements and importer specific requirements

a trading rival

put under duties

ownership of the Products passes to the Customer

net food-importing country

delivery on a rolling basis

sales targets non-attainment

to establish a consignment stock

The Incoterms® rules

title passes upon loading onto the vessel

seller bears all costs and risks in delivering goods

This term may be used irrespective of the mode of transport

excluding duties, taxes and other official charges payable upon importation

If the parties wish the seller to carry out customs formalities and bear the costs and risks resulting  therefrom, this has to be made clear by adding words to this effect

uncleared for import

This term should not be used when the buyer cannot carry out directly or indirectly the export formalities

The term requires the buyer to

seller fulfills his obligation to deliver when he has handed over the goods

Reference to an Incoterms® 2010 rule in a sale contract

Incorporate the Incoterms® 2010 rules into your contract

These new rules

application to both international and domestic sale contracts

appropriate Incoterms rule

as long as the parties so agree or where customary

obtaining security-related clearances

cargo is frequently sold several times during transit

parties want to alter an Incoterms rule do not prohibit such alteration

extremely clear in their contract

This rule may be used

suitable for domestic trade

clear the goods for export

buyer bears all costs and risks involved in taking the goods

buys from a seller on an EXW basis

the seller is not bound to organize the export clearance

The buyer must take delivery of the goods

seller delivers the goods to the carrier

FCA requires the seller to clear the goods for export

carry out any import customs formalities

The seller must, at its own expense, package the goods

seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

the seller has no obligation to clear the goods for import, pay any import duty

The seller must deliver the goods by handing them over to the carrier

The seller bears all risks of loss of or damage to the goods until they have been delivered

charges for

unloading at the place of destination

unloading costs, unless such costs were for the seller's account under the contract of carriage

enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer

specific packaging requirements

more than one mode of transport is employed

The seller also contracts for insurance cover against the buyer's risk of loss of or damage to the goods during the carriage

insurance only on minimum cover

risk passes and costs are transferred at different places. The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for carriage

If several carriers the default position delivered to the first carrier

entitle the buyer to claim directly from the insurer

seller must provide the buyer with the insurance policy

in negotiable form

a full set of originals must be presented to the buyer

The seller must package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements

irrespective of the mode of transport

The seller must unload the goods from the arriving means of transport placing them at the disposal of the buyer

If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used

pay any duty for both export and import

DDP represents the maximum obligation for the seller

In such situations, the FAS rule would be inappropriate, and the FCA rule should be used

identify it as precisely as possible in the contract

common in the commodity trades

sale on spot terms

determination of the country of origin

operation that confers origin to a good

the criterion of change of tariff classification

the ad valorem percentage criterion

the criterion of manufacturing or processing operation

файтосенітарі

problems in clearing goods through customs at destination

FCA has become the dominant trade term FCA

FCA-продавець

value at destination may exceed the invoice value

the right to demand delivery is accorded to the person named as Consignee

risk allocation between

assessing and collecting duties, taxes and fees

Import transactions are conducted

file entry documents

arrange for examination and release of the goods

transported in bond to another port of entry

Prior to the goods' arrival or release

entry documents

a bond has been posted with CBP to cover any potential duties

The goods may remain in the bonded warehouse up to 3 years from the date of importation

under CBP supervision, no duty is payable

at the importer’s risk and expense

processing fee of $5.00 will be assessed on each item

right to make entry

Merchandise arriving in the United States by commercial carrier must be entered by the owner, purchaser, his or her authorized regular employee, or by the licensed customs broker designated by the owner, purchaser, or consignee

Customs brokers are the only persons who are authorized by the tariff laws of the United States to act as agents for importers in the transaction of their customs business

When a customs broker makes entry, a CBP power of attorney is made in the name of the customs broker

goods are in excess of the invoiced quantities

an article not specified on the invoice

omitted from the invoice by fraud a monetary penalty may be imposed the merchandise may be seized or forfeited

Goods that the CBP officer finds to be entirely without commercial value at the time of arrival in the United States because of damage or deterioration are treated as a “nonimportation.” No duties are assessed on these goods

Have you obtained a CBP ruling regarding valuation of the merchandise

Have you assured that all legally required costs or payments associated with the imported merchandise (assists, commissions, indirect payments or rebates, royalties, etc.) have been reported to CBP

Have you produced the required entry documentation

importer’s burden to show eligibility for a conditional exemption from duty

within 50 days from the date on which the entry summary is required to be filed

The merchandise must have been produced in a beneficiary country

final duty determination

conversion of foreign currency fluctuations of five percent or more occur

lack of the required supporting documentation

claims for an adjustment or refund

the merchandise being appraised

require an import license and are subject to quotas

Shipments found not to comply with its laws and regulations are subject to refusal at the importer’s expense

Anyone seeking further advice or interpretation of the law should consult

Articles bearing counterfeit trademarks are subject to seizure and forfeiture

distribution of the quota

over quota duty rate

Storage fees at the ports are costly, and the vehicle may not be eligible for importation

quota or nonquota merchandise

Suspected or known violations

shipping charges

the CBSA will seize the unreported goods and the conveyance

date-stamped

Any discrepancies in the number of pieces

temporary import into the territory of Ukraine or temporary export out of the territory of Ukraine

customs free trade store

Abandonment of Goods for the Benefit of the State

To expedite this process,

If it remains unclaimed at the end of six months, the merchandise is sold at auction

Customs Examination of Goods

goods are released to the importer upon the payment of duty

overpayment of duty

merchandise admissibility

Instead of duty, the importer posts a bond for twice the amount of duty

This is only a brief overview of Customs requirements. If you want additional information, please contact your local Customs office

The following are general comments about the Customs Brokerage business. It is intended as an information tool only

no import duties and other import taxes are due

You may commission an intermediary

present a stamped copy regardless of the value of the goods

goods in transit through Canada

may be placed in a bonded warehouse prior to export

a drawback of the duty paid may be submitted and the GST recovered through an input tax credit

record keeping for exporters

transport by pipeline

no suspensions are granted for finished products

(non)-preferential origin

to qualify for preferential tariff treatment

preference-giving countries

The difference between the price, at which the Agent buys the equipment from the Principal, and the price, at which he sells the equipment, will constitute the Agent's commission and will cover all overhead expenses connected with advertising and selling the equipment

factory marks and signs on the equipment must be left intact

price  reduction

Standing behind the customer and meeting unexpected needs throughout and after customs clearance process should be required

original equipment manufacturer - фирма-изготовитель оборудования

overseas partners

Commission will not be payable

Insolvent customers, Del Credere

The Agent shall be entitled to an extra commission of ___ % on all business on which he has granted del credere

No del credere is due if the loss is due to reasons for which the Principal is clearly responsible

failing such notification the Distributor's right to claim the above defects will be forfeited.

resort to trade- restricitve measures

trade-distorting and protectionist policy

constraint on trade

trading environment

law of jungle

top trade diplomats

discriminate against foreign products

bound by international legal rules

encourage investment

societal values

ramifications

quantitative restrictions

tariff concessions or bindings

Marrakesh Agr is far-reaching int trade agreement ever concluded all other agrs integral part

inseparable package to be considered in conjunction

GATT 1994 consists of GATT 47 + prots of tariff concessions + prots of accession

negotiators

mandatory pre-litigation consultations

good offices

conciliation

mediation

in the event of conflict other agreems prevail over GATT

WTO dispute settlement reports are not binding precedents and binding on the parties to a particular dispute

WTO dispute settlement reports and customary int law - sources of WTO law

actions are attributable to state

grant direct effect of WTO law

subsidiary means for

international trade lawyers

meets behind closed door

have a principal supplying interest in a product

major trading power

if consensus cannot be achieved by majority

do so by consensus

authoritative interpretations

XX, the then WTO Director-General, stated

member in arrears

seek the redress of a violation of obligations or other nullification or impairment of benefits

nullification

impairment

may not take retaliation measures unilaterally

mutually acceptable solution

to be preferred

overstepping mandate

estoppel may be examined

acted inconsistently with WTO law

challengeable measure

rebut

complainant - respondent

the initial burden lies on the complainant

to date parties have been able to agree on compensation in very few cases

restitution in kind, compensation, satisfaction, guarantees of non-repetition

request for the establishment of a panel=sufficient to present the problem clearly

terms of reference of the panel

consistency of a challenged measure with WTO law

objective assessment

Appellant

Appellee

may not remand

upheld, modify or reverse legal findings of the panel

explicitly committed itself

service supplied in the exercise of governmental authority

mode of supply

examine on an item-by-item basis

restricitve effect on importation

in a non-discriminatory manner

unfair and arbitrary application of trade measures may constitute imp barrier to trade

mitigating adverse effect on trade

less restrictive effect on trade

naked discrimination for protecting locally-produced goods

arbitrary and unjustifiable discrimination

measure was not unavoidable

engage in consultations

disguised restriction on trade in services

security takes precedence over the benefits of trade

price-based measures

refrain from introducing new barriers

infant producers compete with well-established producers

infant-industry protection has never been invoked

discriminatory to some products

economies in transition - transition from a centrally planned economy to a free-market economy

time-limited exceptions

enabling clause

excessively trade restrictive

discriminate against imports

best-endeavour obligation

European Communities was obliged - it is true

TRIPS lays down minimal level of IP protection

of great importance to international trade

Reach, find a mutually satisfactory solution

transitional time periods

strongly diverging position of members

make a claim for nullification and impairment of benefits

XX acted inconsistently with

appeal certain issues of law and legal interpretations

Appellate body upheld, reversed

agreed on an implementation period

need a reasonable period of time to do so

unable to agree / to reach agreement on

determination of the reasonable period of time be the subject of binding arbitration

severely restricted and distorted trade

appear to nullify

preference for domestic grain over imported

more trade-restrictive than necessary

restrictive import quotas

contingent

XX invoked the urgency provision of the DSU due to the severe economic and trade losses that are being caused by this measure (incr of cust duty to 70%), which was expected to remain in force until

expedited consultations in view of the perishable nature of the goods in question

exceeds several times the respective bound rates

50% above the XX`s tariff binding

in XX`s view

XX asserts

tariff bindings

had not taken measures to comply fully with the ruling

take appropriate countermeasures

compliance panel - panel to rule whether the lost party complied

request authorisation to suspend concessions

withdraw without delay

XX  was in violation of

inconsistent as such

violation of Article XX is alleged

measure is in violation of

accorded treatment less favourable than

balance of trade

world trade rules

is expected to be the biggest-ever trade dispute in the history of the World Trade Organization

acceding government WTO

face trade sanctions from the EU

there appear to be additional unpublished restrictive measures

proposal has been tabled during the Doha-round to scrap this possibility

progress towards freer market access

interpret the law in a WTO-consistent manner

In the then-ongoing Uruguay Round negotiations

lack of remand authority of the AB

repeal the measure

reciprocal and mutually advantageous concessions

trade-balancing requirements

local content requirements

accession to the WTO

differential and more favorable treatment

Contracting parties primarily concerned

nullification or impairment

item-by-item tariff reductions

initial negotiating rights

free rider problem

disadvantaged regions

food security

out-of-quota rate

in-quota rate

actionable subsidy

zeroing

to offset injurious effects of

price-to-price comparison of the normal value with the export price

material retardation of the establishment of a domestic industry

voluntary export restraint

non-attribution requirement

measueres are periodically reviewed

sunset review

provisionally justified

competing on an equal footing

allegedly like products

determining likeness

market disruption

take protective measures

subsidies in excess of schedule

subsidies contingent upon export performance

subsidies allegedly granted

financial contributions that confer a benefit

debt forgiveness, debt and interest relief

causing adverse effect to

inconsistent with usual practice of private investors

significant price undercutting

was clearly an effect of the subsidies

on non-market terms

displacement of imports

significant lost sales in the same market

wholly or partially state-owned enterprises

provided at below-market terms, at below cost price

being dumped on the market

filed anti-dumping complaint with the Commission

a loss of significant market share for

investigated thoroughly

unfairly traded and subsidised imports

"subsidisation" – where non-EU exporters benefit from illegal subsidies allowing them to produce a good excessively cheaply

unfair subsidisation of

safeguard measures - sudden surge of imports of goods into the EU

a sudden flood of

under-priced Asian goods were putting industries at risk and threatening jobs

trade-defence instruments (TDIs) measures in force

unfair trade practices

protect outdated and uncompetitive industries

market saturation

market glut

growing prices, price hike

price surge

high demand

consumption on the rise

€130 million public funding

justification of anti-dumping practice and often appears to confuse the case for anti-dumping, anti-subsidy or safeguard

unfair practices of foreign exporters

market share growing or shrinking

bagkdrop of figures

price-setting mechanism

surge in oil prices – rise

impose reciprocal restrictions

Price volatility

illegally subsidising footwear

purchasing power

a weighted average value of the dumping margin

below the normal value on their domestic market

retaliatory sanctions against US in response to anti-dumping measures

exported at below-cost price

commodity market volatility

investigating allegations of dumping

Commission publishes a notice in the EU's Official Journal  opening an anti-dumping proceeding

detailed findings

invoices, price offers, publications in specialised press, official statistics

material injury

causal link

anti-dumping measures can be imposed on imports

price undertakings - agreeing to sell at a minimum price

injurious pricing

Commission monitors measures

manufacturers affected by dumped imports

dumping margin

export price to the EU is less than its normal value

normal value is usually the market price

The rate of duty for each case is based on the dumping margin

a non-confidential summary of the complaint must be provided

consequences of non-cooperation normally lead to the imposition of measures which are higher than for parties which have cooperated

right to comment

sampling

provisional findings - measures

definitive findings - measures

Safeguards to all countries without discrimination

Protection against unforeseeable and sharp surge (increase) of imports

imports have increased so much that they cause (or threaten) serious harm to producers

Legal basis for safeguards

a duly substantiated request

sufficient evidence to justify an investigation

A safeguard investigation may lead to quantitative restrictions

increased customs duties or quotas

trade distortive subsidies

countervailing duties to neutralise the benefit of such a subsidy

making subsidised goods artificially competitive (e.g. cheaper) against non-subsidised goods

A countervailing measure – usually in the form of a duty

restore fair competition

no duty is imposed

the like product

subsidised imports

In determining the effect on prices

contain evidence

loss of market share, drop in prices, deterioration of financial results

Collectively, these companies must account for at least 25% of total EU production

provide domestic industry with significant advantage

the wholesale prices have risen by 60% since the beginning of 2007

a 4% rise in prices

The rise in energy prices

rising energy prices

predatory pricing elimination of a competitor

protecting import-competing firms, industries

'similar' (a like-product' in the WTO legal jargon

not reflecting market realities

in the marketplace

the price used is representative

trade remedies-related cases

countervailing duties (CVDs)

is a complicated, time and resource-consuming enterprise. As a countervailing duty investigation concerns the  subsidization practice of another government such an investigation may prove to be particularly difficult and delicate

The issue of subsidies is, conceptually, one of the toughest in international trade

safeguards safety valve

an influx of imports

recurring subsidies

contingency on export

pre-initiation determination of standing

determination of injury, dumping

higher-priced

captive production

Grey-area measures were to have been terminated by the end of 1999

imports displace domestic production

Repeated investigations

downstream users of the product in question

anti-dumping has become a sophisticated trade instrument

Careless imposition of anti-dumping duties may quickly lead to WTO challenges

an investigating authority

the volume of imports negligible

because of the complexity of the investigations

The product under investigation is

anti dumping action means charging an extra import duty on a particular product offset or prevent dumping

margin of dumping is the price difference

allegedly dumped prices

Had the DOC not applied this practice, above the de minimis level would have been found not to have been dumping

on the spot verifications

apply safeguards on a bilateral or selective basis

market imbalance

a price be determined or determinable

an unreasonably low price

a fall in the market price

domestic consumption

maximum profit margin

a product is marketable

Market potential