Classification and Country of Origin

Country of Origin

Bob Brewer, VP of Marketing NBD for Braumiller Law Group & Braumiller Consulting Group is joined by Senior Associate Attorney, Kerry Wang for a discussion on the topic of Classification and Country of Origin.

What’s Going on With Section 321 De Minimis Entries?

de minimis

Not only are shipments under $800 exempt from duty but they are also exempt from Section 301 duties on Chinese products, Consumer Product Safety Commission requirements, import quotas and other requirements. Although they are supposed to be subject to Antidumping and Countervailing duty and Food & Drug Administration requirements, many low value shipments pass through the system without meeting these requirements.

A Head Scratcher

a head scratcher

A product has a country of origin of China, is not subject to China 301 duties and is eligible for USMCA benefits when imported from Canada – Whaaat!?

Substantial Transformation Rule

Substantial Transformation Rule

The essence of the substantial transformation rule is that a product cannot be said to originate in the country of exportation if it was not manufactured there.
The question, therefore, has been whether operations performed on products in the country of exportation are of such a substantial nature so as to justify the conclusion that the resulting product is a manufacture of that country.

Cautions When Marking and Labeling Goods for Export from the United States

labeling goods

Many importers are familiar with marking and labeling requirements for products imported into, and sold in the U.S. These include mandatory requirements such as U.S. Customs country of origin marking and labeling requirements, Federal Communications Commission labeling for certain electronic equipment, specific labeling for certain consumer products under the Federal Trade Commission and Consumer products Safety Commission, as well as a host of other mandatory marking and labeling requirements of other regulatory agencies for specified products.