For a business, not just anyone can authorize power of attorney to the customs broker. In fact, it should be a person that is appointed to legally act for your business. These are usually employees with titles like owner, CEO, CFO or a president/vice president.
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Rank | Occupation | 2020 Median wages |
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Annual | ||
1 | Anesthesiologists | $100.00+ |
2 | General Internal Medicine Physicians | $100.00+ |
3 | Obstetricians and Gynecologists | $100.00+ |
Trade in physical goods is governed by the Harmonized Tariff System. This is a nomenclature maintained by the World Customs Organization. Classification of goods under the HTS can be subject to different national interpretations.
The issue of the value of imported goods holds ramifications as to ad valorem tariffs and VAT. Valuation is not always a simple matter, particularly where there may be assists, royalties, freight, insurance, consignments, and related party transactions.
Modern supply chains are complex. Goods may contains raw materials, parts and components that have circled the globe in various types of processing in different countries. Different countries may have different opinions on what the correct country of origin should be. The Country of Origin may impact product labeling or qualification under various programs, such as free trade agreements.
Intellectual Property. Protecting an entire brand, or even a single design, may involve intellectual property, copyrights, trademarks, and patents. Importing goods also requires an understanding of these laws. In some circumstances, these rules can seem convoluted and vague at best.
Compliance with Customs requirements should be a fundamental part of the business strategy of any importer. A good customs attorney can easily assess a business for compliance risk in a short period of time - potentially saving the business enormous headaches in the future.
Today most websites purporting to help the public locate an attorney are simply a means for making dollars. At the end of the day, however, a good referral can be a life-saver. That was how this list came to be. We then expended on the idea, to create a curated network of firms located around the entire globe
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Drawback is the refund of 99% of duties paid on imported goods when they are exported. Qualifying imported goods may be used in manufacturing a product domestically which is then exported and merchandise which is imported, not used here, and re-exported. Significant savings result in participating in a drawback program. More…
Protecting of trademarked and copyrighted works from infringement is one of the highest priorities of US Customs. Customs severely penalizes those caught attempting to import infringing merchandise. More…
While it is not in any way unlawful to bring in or take out any amount, failure to make the report this will result in the seizure of the funds by US Customs if discovered. Often the monies seized can be recovered through the administrative process. More…
There are thousands of different tariff classifications, and duty rates vary widely depending on how goods are classified. While many products can be readily classified, there is often an overlap between or among different tariff provisions, where two or more classifications appear to apply. More…
If you simply buy your merchandise FOB from an unrelated party, and the invoice price fully sets forth the total amount paid or payable to the seller, there are few problems with valuation. The goods will be appraised at the FOB price paid or payable. But often import transactions are more complicated. More…
To increase security against the use of incoming containers to smuggle in contraband and implements of terrorism, Customs initiated the C-TPAT in 2001. Specific legislation covering the program was enacted in 2006. More…
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Customs Form 5291 may be used for giving power of attorney to transact Customs business. If a Customs power of attorney is not on a Customs Form 5291, it shall be either a general power of attorney with unlimited authority or a limited power of attorney as explicit in its terms and executed in the same manner as a Customs Form 5291. The following is an example of an acceptable general power of attorney with unlimited authority:
Powers of attorney issued by a partnership shall be limited to a period not to exceed 2 years from the date of execution. All other powers of attorney may be granted for an unlimited period.
Before transacting Customs business in the name of his principal, a customhouse broker is required to obtain a valid power of attorney to do so. He is not required to file the power of attorney with CBP. Customhouse brokers shall retain powers of attorney with their books and papers, and make them available to representatives of the Department of the Treasury as provided in subpart C of part 111 of this chapter.
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
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A power of attorney executed by a nonresident principal shall not be accepted unless the agent designated thereby is a resident and is authorized to accept service of process against such nonresident.
A trustee may execute a power of attorney for the transaction of Customs business incident to the trusteeship.
Here are some ways the broker can validate a Power of Attorney: 1 To the greatest extent possible, have POA’s completed in person so the grantor’s unexpired government issued photo identification (driver’s license, passport, etc.) can be reviewed. 2 Check applicable web sites to verify the POA grantor’s business and registration with the State authority. 3 If the principal uses a trade or fictitious name in doing business, confirm that the name appears on the POA. 4 Verify that the importer’s name, importer’s number and Employer Identification Number (also known as the Federal Tax Identification Number) on the POA match what is in ACE. 5 Verify the importer’s address is a “brick and mortar” location on a public mapping program, and not simply a “postal box” or undeveloped parcel of land. 6 Dial the provided phone landline number for authentication. 7 Cross-check the provided information through a third party entity, ie: credit report, DUN’s number, or similar business identifying entity. 8 Access the client’s website for depth of content versus only a surface containing a landing page. 9 Check whether the POA grantor is named as a sanctioned or restricted person or entity by the U.S. Government. See the Bureau of Industry and Security’s Export Enforcement ( https://www.bis.doc.gov/index.php/oee ).
Within Commercial Customs Operations Advisory Committee's (COAC) recommendation 010045, it is suggested that to verify the authenticity of information provided by the importer to the broker, the broker could review publicly available open source information regarding the importer’s business and as appropriate.
In addition to security, the broker’s own professional business interest and continuing obligation to demonstrate “reason able care” require verification of the POA grantor’s identity and legal authority (position in a company or partnership) to enter into a POA .
Here are some ways the broker can validate a Power of Attorney: To the greatest extent possible, have POA’s completed in person so the grantor’s unexpired government issued photo identification (driver’s license, passport, etc.) can be reviewed.