Why do some overseas suppliers request my social security number, EIN, importer or IRS number?

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If you import goods into the US, you may have received an e-mail from a supplier asking for you to provide your SSN, EIN, importer or IRS number.

Before I answer the question, let’s go back to the beginning of the import process. Any goods entering the US from overseas will be considered an importation. All importations must be “cleared” by U.S. Customs and Border Protection (CBP).

As the importer in the US, CBP considers you (whether individually, or your company) as the ultimate importer. You as the ultimate importer can clear the goods or have a Customs Broker (Broker) clear them for you.

Formal entry of goods requires the Broker to write down your identification number on CBP Form 7501 (Entry Summary). This identification number is either your EIN/tax identification number or a number assigned by the IRS or your social security number.

On the other hand, goods can also be cleared informally (usually less than $2,500 in value) and not in “commercial quantities”.

As most foreign suppliers are now aware that CBP requires an ID number, they will often ask for you (the purchaser’s) SSN to include on the export documents.

If you have any import questions, feel free to give us a call, 832.896.6288 or email us at attorney.dave@yahoo.com. Looking forward to hearing from you.

FinCEN Form 105 FAQ

Currency Seizure

We get a lot of inquiries from travelers who were requested by Customs and Border Protection (CBP) to complete and sign the FinCEN Form 105, so we thought it would be helpful to post a short Frequently Asked Questions page about Form 105. Please note the information can change at anytime so it’s best to always check the official Customs and Border Protection (CBP) website.

What is FinCEN Form 105?
FinCEN Form 105 is a form you must complete to report that you are carrying more than $10,000 in currency while entering or leaving the US.

What is considered currency?
The FINCEN definition of currency: The coin and paper money of the United States or any other country that is (1) designated as legal tender and that (2) circulates and (3) is customarily accepted as a medium of exchange in the country of issuance.

Do I only report coin and paper money?
CBP says all travelers are required to report “negotiable monetary instruments” which includes currency or endorsed checks valued more than $10,000.

What are “negotiable instruments”?
-Coin or currency from US or other countries;
-Gold coins (excludes gold bullion);
-Travelers checks;
-Checks;
-Promissory notes;
-Money orders;
-Checks or money orders made out to someone else;
-Checks or money orders endorsed without restriction (for deposit only);
-Incomplete checks that are signed even if the “To” line is blank
-Securities or stocks in bearer form

What if I fail to declare currency in amounts more than $10,000?
Customs will seize the currency. The seizure process at the airport takes time and you will be delayed and/or miss a connecting flight.

I’m a foreign visitor to the US, do I still have to fill out a FinCEN Form 105?
Yes, anyone entering or leaving the US is required to report their currency.

What if I have a layover in the US on my way to another country, do I still have to fill out a FinCEN Form 105?
Yes, a layover in-transit to a foreign country at a US airport is still considered entering the US.

If I report the currency, is there a duty on the amount I report?
No, CBP does not collect duty on any currency.

What does the form look like?
The most recent version of Form 105 (July 2017) can be found here:
https://www.fincen.gov/sites/default/files/shared/fin105_cmir.pdf

Is the form available in other languages?
Unfortunately the form is only available in English. If you need the FinCEN form translated in Chinese, I can help out.

My currency was seized, what should I do?
Contact me soon as there are time requirements on getting your seized currency returned to you.

I have more questions, can I contact you?
Feel free to email me at attorney.dave@yahoo.com or 832.896.6288.

 

US Department of Commerce Self-Initiates ADD/CVD Investigation on Alloy Aluminum Sheet from China.

Aluminum Antidumping

According to a press release issued by the US Department of Commerce on November 28, 2017; the Commerce Department has self-initiated an ADD/CVD investigation of imports of alloy aluminum sheet from China. This action is noteworthy as most ADD/CVD investigations are brought forward by US manufacturers – with the last self-initiated ADD investigation occurring in 1985 on semiconductors from Japan.

The merchandise subject to investigation is common alloy aluminum sheet that is flat-rolled having a thickness of 6.3 mm or less but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Alloy aluminum sheet is usually used in business, construction, transportation, appliances etc.

While the initiation of the case is unique, the investigation itself will follow any other trade remedy investigation. Look for a preliminary decision on or before January 16, 2018.

January 2018 may see potential tariffs on all solar panel imports to the US.

Solar Panels

President Trump campaigned with a tough on trade message and it appears January 2018 may be the first of many actions taken by the current administration.

The potential tariffs involve the importation of solar panels from around the world. Currenly, manufacturers in China account for almost two-thirds of all solar panel production worldwide and in the last 10 years, China’s manufacturers have lowered the global prices of solar panels by 90 percent. While Chinese manufacturers argue the lower solar panel prices benefit the environment, American producers successfully argued for the US to impose tariffs for Chinese solar panels “dumped” into the United States.

These tariffs have resulted in Chinese manufacturers shifting the manufacturing of solar panels to Southeast Asia to avoid paying anti-dumping duties to the US. In response, American producers have now asked the Department of Commerce to implement tariffs on all solar panel imports to the US regardless of country of origin. With a fast approaching deadline of January 26th, we will see whether the Trump administration upholds their tough on trade message.

Potential Expansion of ADD/CVD Orders for Seamless Pipe from China to Include Pipe Rack Modules.

Seamless Pipe

On April 6, 2017, the ITA posted a scope ruling request filed by United Steel, Paper and Forestry, Rubber, Manufacturing Energy, Allied Industrial and Service Workers International Union (“USW”) attempting to extend the existing ADD & CVD cases against seamless pipe from China to include pipe rack modules. The 2016 Westlake scope ruling extended existing ADD & CVD cases against various types of pipe from China to include pipe spools, and the new request cites to Westlake extensively. If this case is successful, CBP will most likely apply it to more than just modules fabricated seamless pipe from China but to any pipe subject to an ADD or CVD case.

Givens & Johnston is currently pursuing multiple scope rulings clarifying Westlake pipe spool rulings and can provide immediate consultations about how importers and producers might respond.

Now is the time to get involved! Importers and producers can more easily impact or derail the scope rulings before a bad ruling is issued.

Please call David Hsu (832-896-6288) if you have any questions or would like more information.