TradeLane

A few months back, I posed the question to you, “Do I really need a trade compliance expert?”  The overwhelming response, was that yes, in fact, I (you) do.  However, let’s dive a little deeper into some of the reasons why you need an expert.

It’s that time of year where you get out the fall or winter jacket as the temperatures begin to drop. Well at least they do in Canada. There is almost nothing better than reaching into one of the pockets and finding a 10 or 20 dollar bill. The thoughts race through your mind as you gaze upon your new found treasure. Ahh found money.

Maybe I could buy something nice for someone….

Maybe I could place a bet on my favorite team….Or better still the underdog….

Maybe I could save it for a rainy day…Nah that’s just way too sensible.

Found money can turn up in the most unlikely places. The Canadian Customs Tariff has a whole chapter dedicated to found money, but most people never think to look there. Chapter 99 is titled “Special Classifications – Commercial”. What exactly does that mean? Housed in Chapter 99 are Harmonized System (H.S.) classifications that are tied to certain conditions; for the most part a specific end use. Goods imported into Canada that are normally dutiable may have an applicable Chapter 99 classification that would render them duty free provided they meet the criteria of the Chapter 99 classification.

As seasons change, so does the make-up of your product line. If you are an apparel company, last season’s shorts and tee shirts can turn into next season's flannel underwear and parkas. Maybe you work for a technology company and the cases you make for last season’s hot phone have become less in demand since the new model came out.

So, what happens to all that unsold merchandise? Do you recycle it? Do you throw it in the dumpster in the warehouse? Does it get used for kindling at your company’s annual fall cookout? Bottom line, are you recovering any import duty on that unused merchandise that you are destroying? There’s an ‘app’ for that. Apply for Duty Drawback privileges on destroyed merchandise.

China has been included in the Canadian General Preferential Tariff (GPT) treatment since its inception in 1974. GPT was put in place to allow Canadian importers access to products from developing countries at a reduced duty rate to help stimulate the developing country’s economy. Wow!! I would say it worked for China.

A little history lesson. Back in 1974 we were entertained by best picture Oscar winner The Sting. “The Way We Were” was the number one song on the top 100. “The Streak” was number eight. The what? Don’t ask. The best-selling North American car was the Ford Pinto leading the way with explosive sales. China’s Gross Domestic Product (GDP) was about 45 billion.

How long has the reconciliation program been around? The prototype – yes prototype – will celebrate its’ 16^th birthday this coming October 1^st. So imagine my surprise when I was recently contacted by an importer that had been “kicked out” of the program. Since that phone call several months ago I have been made aware of no less than five importers that have either received the “boot” or been “put on notice.”

Historically Customs and Border Protection (CBP) has put up with importers that are habitually late with their reconciliation filings. Meaning CBP – via FP&F – issues the NO FILE liqudated damages notices, the importer has their filer process and file a reconciliation entry, CBP mitigates the penalty, the importer pays the Option 1 amount, and we repeat the process again next month. Works for everyone involved right? CBP gets a little more money via the Option 1 amount, the importer doesn’t have to increase headcount or reallocate resources, and the recon filer gets more filings this way. These habitually late importers – and they know who they are – seem to have taken the stance that they would rather pay $500.00 each month for late files rather than address the problem.