INTERNATIONAL LOGISTICS DIALOGUES WITH:
The Consulting Department from A.N. Deringer, INC., a Customs Broker located in the United States of America and Mr. José Manuel Juan, from Arola Comercio Internacional, its exclusive agent in Spain discuss about trade topics between both countries.
AROLA: We are happy to see how Spanish exporters are increasing their exports to the US these last years. I saw on the news that we increased sales to the US on a 20% basis on 2011 and on a forecasted 7% basis last year. We are also noting that most of them might be new exporters and they might not know your projects to expedite import process in the US and save costs and time to importers.
DERINGER: The key is to provide all necessary information to the US Customs Broker well in advance of arrival. It helps to get quick release of merchandise from Customs. For example, edible food requires advance FDA registration of the manufacturer and the development of FDA product code in addition to Customs tariff information. It is costly for freight to sit at Customs while the Customs Broker tries to obtain information from another continent.
A : I agree with you but unfortunately sometimes in our Logistics and International Transport field deadlines cause shippers to proceed immediately and time is usually limited. Thus, we are remarking a new wave of S.M.E. (Small and Medium Enterprises) that is considering exporting cargo to U.S.A. and that doesn’t have the same sources than big corporations. What do you suggest?
D : The key points to consider for any Spanish company exporting to the USA are the security measures the USA government has implemented at all ports of entry in terms not only of the actual commodities but most importantly in terms of the complete information required from shippers and loading locations of those commodities as required for the AMS and ISF filing.
A :In May, 2012, a mutual recognition has been approved between Customs-Trade Partnership against Terrorism (C-TPAT) in the U.S. and the Authorised Economic Operator (A.E.O.) programme of the European Union. Please let us know the real advantages for Spanish companies certified as A.E.O. willing to trade with the U.S.
D : If the shipper/seller is AEO certified, and the US importer is C-TPAT certified, US Customs promises fewer exams of cargo.
A : We would like to see that becoming a reality. What other measures have been proposed on Security matters for inbound cargo in the US?
D : An “Importer Security Filing” is required to be transmitted to US Customs before goods can be loaded on a vessel bound for the US. This information includes the identity of the manufacturer or seller, the US buyer, and the party the goods are shipped to, if different from the buyer. The HTS number and country of origin are also required.
A : As you might know, a large amount of cargo exported from Spain to the US is food. I was informed that the new U.S. FDA Food Safety Modernization Act (“FSMA”) requires that companies located outside the United States must also designate a U.S. Agent for FDA communications. This agent serves a different function than an importer, customs broker or commercial distributor. What happens if the actual importer does not want to be established as the U.S. Agent and the Spanish exporter does not have any potential U.S. Agent to designate?
D : Most US Customs brokers will act as agent for FDA Registration purposes.
A : Does the U.S. Customs have a Customer Service office in Spain or in Europe for consultancy services for Spanish exporters (like F.D.A. does)?
D : I suggest the following contacts (from US Embassy in Spain’s webpage):
US Commercial Service Madrid, Spain
Acting Counselor for Commercial Affairs: Henley Jones
Phone: +34 91 564 8976
Fax: +34 91 563 0859
Foreign Agricultural Service Madrid, Spain
Counselor for Agricultural Affairs: Robert Hanson
Counselor, Economic and Commercial Affairs
Counselor for Economic Affairs: Steve Liston
Phone: +34 91 587 2200
Fax: +34 91 587 2303
A : Most Spanish export beginners are uncertain about the import requirements in the U.S. considering their cargoes and shipments must fulfil regulations from several institutions and departments (I.E.: U.S. Customs, Food and Drug Administration, Importer Security Filing 10+2 from Customs and Border Protection, others). I am quite sure that they would like to have any source (webpage) to check out all requirements to be complied based on the cargo description.
D : I suggest the “Basic Importing and Exporting” Page on US Customs website:
Specifically, “Tips for New Importers and Exporters” and “Importing into the United States”
I also recommend USD Customs “Informed Compliance Publications” page:
These documents, published by US Customs give detailed information about importing specific products into the US.
A : What would the advantages for a Spanish exporter to register its company in the U.S. as a Non-Resident Importer of Record? Does it allow this company to register the Power of Attorney on its name?
D : All that is required to be a non-Resident import in the US is a Power of attorney to the US Customs Broker and the purchase of a Customs Bond. This allows the foreign company to be responsible for all entry requirements, as well as the payment of all duties and fees. By taking responsibility for all import charges and regulations, a Non-resident Importer makes it easy for an American to purchase foreign goods. As easy as buying domestic products.
A : Thank you so much for your time and congratulations for being chosen as a CBP Pilot Program Participant on the Simplified Entry project. I have already seen that you already filed your first entry: http://www.anderinger.com/about/company-news/29 . We might discuss about this matter on our next meeting.