To continue regulation insights to US , we share with you too on more in-depth information on B2C Business model too as the development of globalization, consumerism, and trading has continued, Each of these Business models has proven to be the successful.
FDA SHIPMENTS
In addition, to ensure compliance with the Bio-Terrorism Act (BTA), US CBP will be tasked to collect an indication of prior notice of all foodstuffs at the simple air waybill and house waybill Level. Carriers will only receive informational status codes when the FDA prior notice data is not on file. Further clarification is being sought.
Commercial consignments
Commercial consignments require the following:
- A bill of lading, air waybill or carrier’s certificate (naming the consignee for customs purposes) as evidence of the consignee’s right to make entry.
- A commercial invoice (in triplicate), obtained from the seller, which shows the value and description of the merchandise.
- An entry manifest (Customs Form 7533) or Entry/Immediate Delivery (Customs Form 3461).
- Packing lists, if appropriate, and other documents necessary to determine whether the merchandise may be admitted.
- (Note: Effective 02-Jul-98, the Informal Entry limit increased from USD 1250 to 2000. This change does not effect entries which require a Formal Entry, regardless of the value.)
Sample consignments
Same as above.
Gift consignments
Bona fide gifts of not more than USD 100.00 in fair retail value may be shipped and received by friends and relatives in the United States free of duty and tax, if the same person does not receive more than
USD 100.00 in gift shipments in one day. However, perfume containing alcohol (which is valued at more than USD 5.00 retail), tobacco products and alcoholic beverages are excluded from the gift provision. Although gifts intended for more than one person may be shipped in the same package, they must be individually wrapped and labelled with the name of the recipient.
The outer wrapping of the package must be marked accordingly:
- 1unsolicited gift,
- nature of the gift and
- its fair retail value.
In addition, a consolidated gift should be marked as such on the outside with the names of the recipients listed and the value of each gift. If any article imported in the gift parcel is subject to duty and tax, or should any single gift within a consolidated package exceed the bona fide gift allowance, that gift will not qualify under the duty-free gift provision and will be subject to duty.
Unaccompanied baggage
Unless a shipper arrives with the consignment or intends to clear it himself at the airport of arrival or at an inland Customs Port of Entry, he should accompany the baggage in order to facilitate clearance. Failure to do so will result in baggage being sent in bond to the Port of Entry nearest to the passenger’s destination.
RESTRICTIONS
U.S. Food and Drug Administration (FDA) Regulations
Effective May 19, 2004, all food shipments that terminate or transit the United States for human and animal consumption must have prior confirmation from the FDA. If confirmation has not been obtained beforehand, the FDA and U.S. Customs and Border Protection (CBP) may issue monetary penalties. To avoid delays and penalties, the Shipper must provide the required prior notice data elements or prior notice confirmation when tendering food shipments.
Affected Food Commodities:
- All food defined by the FDA as “being imported or offered for import into the United States”,
- Food stored or distributed in the U.S.,
- Gifts, trade, and quality assurance/control samples,
- Trans-shipments through the U.S. to another country,
- Food imported for future export, and
- Food admitted into a U.S. Foreign Trade Zone (FTZ)
Food Commodities Excluded:
- Food consumed by a traveler,
- Food immediately exported, without leaving the port of arrival,
- Meat, poultry, and egg products exclusively regulated by the US Department of Agriculture,
- Homemade goods sent as a gift to an individual , and
- Food contact substances (e.g. packaging material, jars, containers and pesticides) which do not qualify under the FDA’s definition of “food”.
B2C Shipments into US
Acceptable
Spare Parts and Accessories
Aircraft Parts, Bicycles spare parts , Heavy duty car stereo amplifiers , Motorbikes & spare parts , Tires.
Electronics and Technology Products : Any mobile or machine linked to the GPS service, Two Way Radio Receivers such as Walkie Talkie, Color printer/color photocopier, Computer Parts, Electric fans & spare parts, Handset, Laptop, Mobile Phones, Mother board and electronic board, Phone Card, Satellite Equipment, TV, TV cards / Satellite cards,Voice changing devices.
Documents : Newspaper, Airline tickets, Presswork (printing Films), Printouts, Invoices with particular foreign letterheads of any company.
Media Products : Diskettes(with data or blank), Movies, Musical greeting cards, Photos, musical notes, Software/CD ROM, Tape.
Artworks : Antiques, Artwork (General), Painting.
Religious Materials :The star of David, Translation of Holy Quran without Arabic text.
Spirit Drinks and Products : Advertising Material, Tools and equipment used for producing Liquors.
Precious goods Gold :Jewelry,Precious metals, Precious stones, Silver, Diamonds.
Personal products : Clothes, Hair, Shoes, Watches,Personal Effects.
Magical Items, spells : Any kind of magical items
Magnetized Materials : Toys,Remote Controlled Helicopoter/plane, Remote Controlled / High Speed Cars.
Forbidden
Animals and Animal Products : Vermin
Food Products : Meat
Monetary Items : Fake money
Documents : Anti-government propaganda documents
Religious Materials : Anti Islamic materials
Narcotics and Drugs : Examples: Hereon, Opium, drugs raw material (powder, liquid), cannabis leaves, etc..
Spirit Drinks and Products : Alcohol, Wine, etc…
Precious goods : Ivory
Pharmaceutical items : Psychotropic drugs, Medicines, Stopped drugs (listed as per international convents), Any other Pharmaceutical products,
Personal products : Fabrics Clothing (of asbestos)
Counterfeit Goods : All types, clothes, machinery, shoes, electronics…
Prohibited Origins (origin of goods) :Sudan and Iran
Pornographic Material (all types) : CDs, DVDs, machines, toys, Printed matter,etc
Controllable
Animals and Animal Products :Furs, Live and dead animals, Leather products,
Food Products Non halal food (like pork, ham), Chilli spices,Chocolate, Coffee, Flavour, Frog meat, Fruits, Honey, Juices, Nuts, Tea,
Plants trees : Cocoa leaves, Flowers, Herb/Natural Products,Seeds, Wheat or Corn, Soil.
Electronics and Technology Products : Binoculars which can be used in the dark or for taking photographs ,Electronic Passports, Laser eyeglasses, sunglasses or eyewear, Medical Equipment,
Monetary Items Bank Draft, Bonds, Cash, Checks, Coins, Debit or Credit Card, Deeds,
Documents : Passports, Stamps,
Media Products CDs, DVDs : Goods having the photos or names of famous characters on them,
Tobacco Products : Cigarette, Cigars, Electronic Cigarettes, Tobacco, Advertising Material
Weapon related : Ammunitions, Firearms, Explosives, Bullets, Knives, Military technical equipment,
Pharmaceutical items : Vitamins
Personal products : Cosmetics, Perfumes, Toiletries,
Laboratory Tests/Samples : Blood, Urine, Others,
Human remains Body Remains, bones, etc..
Lithium Products : Batteries, any devices containing lithium
Supporting Docs
Animals and Animal Products
- Must have ORIGINAL CITIES FORM FOR CLEARANCE –
- Multiple agencies requires Vetenerian Certificates (Original),
- F&WL Permits – Invoice – not made of cow, pig or lamp may need a F&WL Cities permit,
Food Products
- Multiple agencies requires USDA PERMITS PRIOR NOTICE
- Mutliple agencies requires FDA Prior Notice
- Multiple agencies requires USDA PERMITS and FDA Prior Notice
- multiple agencies requires FDA Prior Notice Invoice with ingredients
Plants
- Multiple agencies requires USDA PERMITS PHYTO SANITARY CERT
- Multiple agencies requires FDA Prior Notice PHYTO SANITARY CERT
Electronics and Technology Products
- Multiple agencies may require BATF permit
- Multiple agencies requires FDA Medical Device Registration#, Device Listing# review invoices
- Multiple agencies requires FDA Medical Device Registration#, Device Listing# review invoices
Monetary Items Held and examined for verification by customs
- Invoice
Media Products Intellectual property rights (IPR)
Personal products
- Multiple agencies requires FDA invoice must state ingedients
- Multiple agencies requires FDA invoice must state if perfume contains alcohol
- Multiple agencies requires FDA invoice must state ingredients
Labaratory Tests/Samples
- invoice must state infectious/ human or animal/ media blood shipped
- invoice must state human or animal reason for shipping
Human remains invoice
Dry Ice dangerous goods cert required – can be only moved as Cargo
Lithium Products
- invoice – DG goods certificate may apply,
- the MSDS report prior to shipping
Perishable items
- multiple agencies may require USDA permits / FDA
Stay Tuned
Salam Sehat Semangat Sukses
Bambang Purnomo , SS-BA, CSCA, CAVM Solution Consultant
By Bams – August 24, 2022
