The American market, even though it seems to us culturally close, is characterized by a certain specificity, expressed in explicit laws and regulations. Entrepreneurs who want to deliver the goods to the United States must comply with them. Otherwise, they risk financial consequences in terms of additional costs, fines or confiscation of goods.

The main issue to be determined is the division of costs and duties, as well as responsibilities for the shipment between the sender and the recipient, determined on the basis of trading conditions accepted by both sides. For example, in the case of conditions based on a DDP (Delivery Duty Paid) - the sender, which is a Polish company, shall bear the full costs and risks associated with the delivery of the goods and comply with the formalities and pay all customs duties and taxes, including those that arise in the recipient’s country, until making the goods available in the place indicated by him.

Is is also worth knowing that in the United States the ISF declaration (Importer Security Filing) is in force, which determines the specificity of transported goods. If the importer is a Polish entrepreneur, he must remember to deliver the full documentation on shipments to the US customs office within 24 hours before the cargo leaves the country from which it was sent. Delay or mis information may result in a penalty of up to 10 000 $.

Depending on the characteristics of the notified good, its control will take care of specific institutions. In the United States, in addition to the customs office, operate 47 such entities. They monitor the flow of transported goods and permit their entry into the USA. The documents are provided, inter alia, to the Food and Drug Administration, Environmental Protection Agency, the Department of Transportation or Federal Communications Commission. On the side of the importer is to check the information if its products meet all the procedures and comply with the requirements of the agency. Failure to meet the criteria set by them, however, is not the most common of errors committed by importers. Shipping the cargo before examining conditions of agencies results in additional costs, and even confiscation of goods. It also happens that importers do not have properly classified products, in accordance with accepted customs duties. This can lead to an increase in import costs (tax / custom duty) and penalty from the customs office.

It is important to note that all the commercial documents required for customs clearance must be written in English and include a detailed description of the goods, that allows the customs office its classification in order to determine the appropriate level of customs duty. It is worth noting that the consignments in wooden packaging should comply with the so-called. ISPM15 regulations that require the treatment of wood to exclude potentially harmful organisms from trading commodities. If any shipment does not comply with these rules, it may be expelled by the customs office on behalf of the US Department of Agriculture and the Animal and Plant Health Inspection Service.

US companies also expect certification in the field of anti-corruption law, which defines the document of Foreign Corrupt Practices Act (FCPA). Often they require their business partners to comply with these rules and demonstrate their knowledge, confirmed by a relevant certificate.

Comments given by:
Mariusz Filec - Airfreight Director ROHLIG SUUS Logistics
Tomasz Jeleń – Sales Director ROHLIG SUUS Logistics