Showing posts with label bonded warehouse. Show all posts
Showing posts with label bonded warehouse. Show all posts

Sunday, October 10, 2010

FedEx and the “Express Consignment Facility”

This week I had the pleasure of taking a field trip with some of my FIT students to Federal Express in Newark, New Jersey. Referred to as “ECO,” which stands for East Coast Overlay, this facility is one of six regional sort operations in the U.S., with the others being in Indianapolis, IN, Memphis, TN, Miami, FL, Oakland, CA, and Anchorage, AK.

It is through these centers that all foreign freight is “cleared” for US Customs and other federal agencies, such as US Fish and Wildlife (US F&W) and the Food and Drug Administration. Not only does US Customs have an office on-site at ECO but I likewise met a US F&W inspector while there who mentioned inspecting live animals and getting the typical declaration for items with mother of pearl.

US Customs designates these regional sort operations as “hubs,” which are bonded warehouses permitted to handle international cargo. The regulations overseeing hub operations are under the “Express Consignment Facility” regulations found at 19 CFR Part 128.

We were given a tour of both ECO’s domestic and foreign freight operations, as well as the offices of FedEx Trade Networks, its on-site customs clearance operation. Interestingly, they have licensed customs brokers and, individuals working under their direction, to prepare and file entry summaries, which by definition, is done on behalf of the importer. They have high-tech software that allows for a quick tariff determination by way of “clicking” your way through the subheadings, which is done based on the invoice and other shipping records which are scanned in at the point of sale overseas. The oddity with FedEx’s clearance operation, however, which admittedly, I forgot to ask about, is as follows.

The shipper, by virtue of going to FedEx in say, Germany, pays for the service and directs FedEx to provide the customs clearance services so that the end recipient, aka, the importer and/or consignee here in the US, can receive the package at its address, as delivered by FedEx' domestic carriers.

Customs brokers, however, must have a valid power of attorney to engage in “customs business,”which includes the filing of entry papers, on behalf of the importer. It therefore begs the question – how is it possible that FedEx clears these shipments when it does not have a valid power of attorney (authorizing the broker to clear the cargo on behalf of the importer) for every domestic recipient of foreign cargo? This is a question I did not get a chance to ask as mentioned above. Perhaps they do have one after all for every importer in accordance with the regulations, though I would be interested to know how that is obtained given the express nature of FedEx.

Express consignment facilities are recognized as hubs by US Customs because it is through these that foreign cargo destined for other foreign locations gets sorted through. That is, cargo arrives on the inbound flight from a foreign location, which in the case of ECO would likely be from Charles de Gaulle Airport in France, and is placed on an outbound flight to a different foreign location.

As all cargo is listed on the airplane’s manifest, it is at these hubs that US Customs comes through, examining the manifest in search of anything suspect – be it the cargo itself, the foreign destination, etc. - and despite the cargo not being “entered,” or attempted to be entered into the US, as it has a final destination with a foreign address and it is just passing through the U.S. for logistical purposes, all cargo at an express consignment facility is “fair game” for inspection, detention, or seizure, as it is on U.S. soil.

Typically, a “suspect” shipment is one where contraband may be found, or where an allegation of a counterfeit or trademark violation exists, such as with a shipment of cell phones or other electronic devices. Any hint of a violation, and the cargo gets detained. ECO even had a designated US Customs holding cage for cargo that US Customs flagged for further investigation.

According to our tour guide, one of three licensed customs brokers in the Regulatory Compliance and Clearance office of ECO, FedEx’ relationship with US Customs is very good and that they work very closely with US Customs to further its mandates with regards to imports.

Remember, US Customs has free reign to inspect all cargo at any hub, whether it is destined for importation into the US or not. As most foreign cargo is routed through a FedEx regional sort operation while en route to its ultimate foreign destination, this is something to keep in mind when choosing an express courier from a foreign country.

Questions/comments? Post below or email me at clark.deanna@gmail.com

Thursday, April 15, 2010

Duty-Free Shopping and the Bonded Warehouse

Duty-free shopping is something I have indulged in around the world, including in Holland, Egypt, Russia, and more than a dozen other countries. It's not that I am a shop-a-holic, in fact I am far from such a person. The reason I like it is because of the savings I incur by making these purchases, such as I had done with the Burberry socks I happen to be wearing right now.

It turns out that a Duty-Free Store (DFS) is a bonded warehouse, which means that I have had some familiarity with a bonded warehouse long before I was aware of its technical term. A DFS is used for selling conditionally duty-free merchandise for use outside of the Customs territory, that is sold or owned by a proprietor, and delivered to an airport for exportation by individuals departing from the Customs territory or foreign destinations. The same holds true when departing a country by boat as well, which I experienced when I left Estonia for Finland.

Conceptually a bonded warehouse is similar to that of a Foreign Trade Zone, albeit, on a different scale and with certain differences, such as a time limitation of 5 years, unlike that of goods placed in an FTZ, which may remain there indefinitely.
A Customs bonded warehouse is a building or other secured area in which imported dutiable merchandise may be stored, manipulated, or undergo manufacturing operations without payment of duty for up to 5 years from the date of importation.

I had not been aware of the multitude of different classes of bonded warehouses until recently. It turns out that there are 11 different classes which include:

1. A premises owned by the Government for the placement of imports subject to examination or seizure, or those pending final release from Customs custody;

2. An importer's private warehouse whose exclusive use is for the storage of goods belonging, or consigned to, the proprietor;

3. A public bonded warehouse whose exclusive use is for the storage of imported merchandise;

4. Bonded tanks for the storage of imported bulk liquids, bonded sheds or yards for keeping bulky or heavy goods, or corrals/stables that provide limited enclosure of imported animals;

5. Warehouses for the smelting and refining of metal-bearing materials for domestic consumption or exportation;

6. Warehouses for the repacking, sorting, or otherwise changing the condition (but not manufacturing) of imported goods, done at the expense of the proprietor under Customs supervision;

7. Bonded bins, elevators or sections of a building for purposes of storing grain;

8. Warehouses for the manufacture of articles made up of imported materials (in whole or in part) subject to internal revenue tax, and those for the manufacture of cigars, whether for exportation or domestic consumption, made in whole of tobacco imported from one country.

9. Duty Free Stores;

10. Bonded warehouses for merchandise sold conditionally duty-free on board an aircraft (like those cute toy commercial airline models), otherwise known as international travel merchandise; and,

11. Those bonded warehouses established for the storage of merchandise not claimed or entered for 15 days after the arrival in the U.S., which are otherwise known as “General Order” goods.

Since duty is not collected on merchandise in bonded warehouses until withdrawn for consumption, an importer may have better control over its money until the duty is paid upon its withdrawal. In addition, if no domestic buyer can be found, the merchandise can be exported without any obligation by the importer to pay duties.

In order to establish a bonded warehouse, a written application must be made to the local Customs port that describes the premises, the class of warehouse to be established, and its location. An application must be accompanied by a blueprint of the space to be bonded, along with a certificate verifying that it is a suitable warehouse for fire insurance purposes, signed by the President or a Secretary of a board of fire underwriters.

Authority for establishing a Customs bonded warehouse is set forth in 19 USC §1555 with the corresponding regulations in 19 CFR Part 19.

Questions/comments? Post below or email me at clark.deanna@gmail.com