2013 Customs Update Canadian Customs Fundamentals

Transcription

1 2013 Customs Update Canadian Customs Fundamentals In partnership with:

2 Outline Agenda 1. Roles & Responsibilities 2. Who is the Importer of Record? 3. Canadian Import Requirements & Non-Compliance Consequences 4. Cost & Time Saving Strategies 5. Transportation Services 6. How to Sign Up with Thompson Ahern International 7. Wrap Up Question and Answer Period 2

3 Roles & Responsibilities The objective for all imports is for goods to be delivered where they should be and when they should be, in accordance with all applicable laws & regulations. An efficient and compliant import process starts with everyone involved understanding what they are responsible for. Each party plays a critical role! 3

4 Roles & Responsibilities Trade Chain Partners Vendor CBSA & OGD Carrier Broker Importer 4

5 Roles & Responsibilities Role: Shipment of goods Provide complete, legible documents Vendor Exporter Commercial Invoice Country of Origin» May not be same as Country of Export Complete Description of Goods» What is it?» What is it used for?» What is it made from/of?» What is it a component of? Value NAFTA Certificate (if applicable) Producer Importer HS Tariff Number Country of Origin Preference criteria Piece Count Weight Terms of Shipment 5

6 Roles & Responsibilities Carrier Courier Roles: Cartage of goods Forwarding documentation to Customs Broker Correct & accurate reporting of data elements relating to goods arrival to CBSA within specified time limits Legal / Financial Responsibilities: Accurate declaration of cargo carried Legally eligible drivers for Canadian entry 6

7 Roles & Responsibilities CBSA & OGDs Roles: Protect the health, security & commerce of Canada Legal / Financial Responsibilities: Enforce all applicable laws & regulations 7

8 Roles: Roles & Responsibilities Customs Broker Financial & Customs regulation accounting of the transaction Release of goods from CBSA (and OGDs) at time of entry into Canada Complete reporting of imported goods: Vendor Info Carrier Info Importer Info Broker Compiles & Reports CBSA & OGDs Legal / Financial Responsibilities: Limited legal / financial responsibility to CBSA Business obligation to the importer (client) 8

9 Roles & Responsibilities Importer Importer of Record is held responsible for all actions by their trade chain partners. Carriers Customs Broker Vendors Internal Personnel Importer 9

10 Roles & Responsibilities Importer Roles: Maintaining full & complete records on all transactions B3 transaction records Commercial invoices NAFTA Certificates of Origin Vendor payable invoice Receiving records Reporting discrepancies Data fields Quantities received Values declared vs. amounts paid to vendors 10

11 Who is the Importer of Record? Importer of record is the party who is responsible for payment of duty and/or GST at the time the goods enter Canada. Canadian purchaser of the goods If the goods are purchased within Canada but shipped directly from outside the country, the importer of record would not be the end user but would be the Canadian company from whom the goods were purchased. Unsolicited goods, samples, no charge items, etc. are required to be reported to Customs and to have appropriate duty and/or GST paid at the time of import. These goods must be valued 'as if there were a sale'. Bookstores within the Institution may operate as a separate business unit 11

12 Who is the Importer of Record? Third party vendors on campus or facility location will often show the Campus or Facility as the delivery name and address. That location would be considered the importer of record. Third party on-site vendors should be provided with info regarding documentation preparation & end user info Personal shipments- if goods are for personal use and NOT an import by the business, the individual is the importer of record. HST is payable on personal goods at the time of import If the business unit is indicated as importer of record they will be held liable for any subsequent action on the file for a period of six years plus current. 12

13 Canadian Import Requirements Better Information = Better Compliance! 13

14 Canadian Import Requirements Better Information = Better Compliance! Shipment information is a legal declaration to the government regarding your imported products. Improving its quality will result in fewer clearance delays & less chance of incurring penalties of non-compliance. Commercial invoices must be as complete & accurate as possible All parties to the transaction must be clearly identified on the invoice Purchase orders should be indicated on the invoice (if applicable) Terms of Sale or Conditions need to be indicated ex. Returned after warranty repair 14

15 Canadian Import Requirements Better Information = Better Compliance! Product descriptions must be detailed to allow for accurate HS Tariff Classification Country of Origin for ALL products in the shipment must be shown If the goods qualify for NAFTA, a properly completed Certificate of Origin should accompany the shipment. Unless a blanket NAFTA is on file with the importer Values on commercial invoice must match value on payable invoice Import permits, Health Canada documentation, or any other OGD regulated products MUST be provided at time of clearance 15

16 Canadian Import Requirements Better Information = Better Compliance! All discrepancies on shipment data must be reported to and corrected with CBSA Price Paid vs. Price Declared Tariff Classification Country of Origin Qty. Reported vs. Qty. Received 16

17 Canadian Import Requirements Better Information = Better Compliance! Penalties may include: AMPS (Administrative Monetary Penalties) Negative Impact on Importer s Profile with CBSA CBSA Audit 17

18 Canadian Import Requirements AMPS Overview AMPS was designed as a corrective penalty system to be applied in cases of noncompliance for importers, carriers, forwarders & customs brokers. The system was designed to encourage voluntary disclosure & foster trade compliance. Fines up to $25,000 for non-compliance Escalating amounts for repeat occurrences Usually focused on specific transactions 18

19 Similar to personal or corporate income tax audit Reviews:» Organization s compliance focus» Internal controls» Error detection systems Canadian Import Requirements Lack of compliance can lead to:» AMPS» duty re-payment» interest payments» additional scrutiny at the border, causing delays Significant resource cost is involved to support an audit CBSA Audits 19

20 Cost & Time Saving Strategies Delays in shipment clearance can result in higher costs, lost research time, or missing deadlines. Thompson Ahern operates 24/7 Timely release of shipments FedEx Air shipments released overnight with our integrated data and imaging system with Federal Express» Exceptions: missing data elements that require further research & shipments requiring import permits Pre-Alert System paperwork is sent to Thompson Ahern in advance with any rush, emergency or perishable shipment to ensure immediate clearance. 20

21 Cost & Time Saving Strategies Transportation Services First Choice Logistics The benefits of using Thompson, Ahern for your transportation requirements is a quicker delivery time, one invoice and one company handling your transaction from beginning to end. Through our distribution facility we offer consolidation service which allows the importer to bring one transaction across the border. This service is especially valuable for the import of books. For return shipments with multiple orders we offer a distribution allowing one clearance fee, and moving all the orders as domestic US shipments - allowing for a lower delivery cost. We currently handle consolidation shipments from the United States for four institutions 21

22 How to Sign Up Documents & Time Required New client set-up typically takes 1-2 weeks, depending on complexity & requirements. Signed CSA Agreement Signed GAA (Power of Attorney) Upon receipt of these documents Thompson Ahern will contact you to obtain all additional information to set up your account. 22

23 Visit for access to secure documents

24 Contact Information All that is required to set up your Customs Brokerage is to contact us and we will start the set up process. John Enright Account Manager Thompson Ahern (416) Laurel Marshall Vice President, Customs & Operations Thompson Ahern (905) Tony De Sciscio Business Relationship Manager OECM (416)