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KamboLaw
Founder of Kambo Law, PLLC

Meet Rajan Kambo, Esq

Mr. Kambo is the Principal Attorney and Founder of Kambo Law. His practice focuses on United States Immigration and United States Customs laws. He has represented clients from all over the country and abroad in immigration, and customs matters.

Mr. Kambo's immigration practice involves family-based immigration applications and petitions to the United States Citizenship and Immigration Services (USCIS) and the Department of State. He has successfully represented clients in submitting petitions, arguing appeals, and delivering relief and results to his clients undergoing the burden of immigration legal proceedings.

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Frequently Asked Questions
about Customs & Immigration

What is the Purpose of Markings?
The purpose of Countty of Origin Markgins is to inform the ultimate purchaser in the United States of the country in which the imported article was made.
The country in which a foreign good was grown, produced, or manufactured generally determines the Country of Origin.
The country of origin of an article may be changed in a secondary country if one of the following occurs:
  • Substantial transformation - A substantial transformation occurs if a new article with a different name, character, and use is created - further work or material added to an article.
  • For a good from a NAFTA country: if under the NAFTA Marking Rules (19 CFR Part 102) the second country is determined to be the country of origin of the good; or
  • For an article considered to be a textile or apparel product applying the general rules set forth in 19 CFR Part 102.21 to be the second country.
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Who's Responsible for Tariff Classification?
When classifying merchandise under the Harmonized System, the language of the General Rules of Interpretation, section, chapter, and subheading notes, and the terms of the headings and subheadings are to be consulted and applied.
Can you Obtain a Tariff Classification from CBP?
It is the responsibility of the importer of record to classify and value the goods using “reasonable care.” In order to meet the reasonable care requirement, a person may seek an administrative ruling from the CBP - interested persons may obtain a binding tariff classification ruling on prospective importations into the United States and it will be binding, unless modified or revoked by the CBP's Office of Regulations and Rulings.
What is Transaction Value?
The transaction value of imported merchandise is the price actually paid or payable for the merchandise when sold for exportation to the United States, plus amounts equal to:
  • Packing cost incurred by buyer
  • Selling commission incurred by the buyer
  • Value of an assist
  • Any royalty or license fee that the buyer is required to pay
  • The proceeds of any subsequent resale, disposal, or use of the imported merchandise that accrue, directly or indirectly, to the seller
Other valuation methods include
  • Transaction Value of Identical Merchandise
  • Transaction Value of Similar Merchandise
  • Deductive Value
  • Computed Value
  • Values if Other Values Cannot be Determined
The price actually paid or payable for the imported merchandise is the total payment, excluding international freight, insurance, and other C.I.F. charges, that the buyer makes to the seller.
Selling commission means any commission paid to the seller's agent, who is related to or controlled by, or works for or on behalf of, the manufacturer or the seller.
The apportioned value of any assist constitutes part of the transaction value of the imported merchandise. First, the value of the assist is determined; then the value is pro-rated to the imported merchandise.
Royalty or license fees that a buyer must pay, directly or indirectly, as a condition of the sale of the imported merchandise for exportation to the United States will be included in the transaction value. Ultimately whether a royalty or license fee is dutiable will depend on 1 whether the buyer had to pay them as a condition of the sale and b to whom and under what circumstances they were paid. The dutiability status will have to be decided on a case-by-case basis.
Any proceeds resulting from the subsequent sale, disposal, or use of the imported merchandise that accrue directly or indirectly to the seller are dutiable.
What forms of duty drawbacks are there?
There are three forms of duty drawbacks consisting of manufacturing, unused merchandise, and rejected merchandise. Manufacturing Drawback Imported articles used in manufacturing or production that are later exported or destroyed under CBP supervision. Drawback rulings are required for eligibility. The forms of manufacturing drawbacks include:
  • Direct Identification: a refund of duties paid on materials or components that were previously imported into the United States and used here in the manufacture or production of goods for export.
  • Substitution Manufacturing Drawback: a drawback of duties is payable with respect to imported, duty-paid components or materials, even if goods are produced for export with other foreign or domestic components or materials of the “same kind and quality” (“SKAQ”).
Unused Merchandise Drawback A “same condition” drawback, is a refund of 99% of duties, fees, and taxes paid with respect to imported merchandise that is subsequently exported (or destroyed under Customs supervision) within three years after its date of importation, without having been changed in condition or used in the United States prior to such exportation or destruction. Rejected Merchandise Merchandise that is defective, does not meet specific standards or is shipped without consent that is exported back to the overseas manufacturer or destroyed.
What are the benefits of CTPAT?
CTPAT benefits include a reduced number of inspections and priority processing when CBP inspections do occur. Furthermore, CTPAT members are eligible to participate in CBP programs such as the Importer Self Assessment (“ISA”), Free and Secure Trade program (“FAST”), and access to CBP training seminars open only to certified members.
An importer must be a Tier II or Tier III partner of the CTPAT Security Program and in good standing. • An importer must meet the eligibility criteria laid out in the eligibility questions. • An importer must complete a Memorandum of Understanding (MOU) and program questionnaire.
CTPAT compliance is maintained through diligent documentation and tracking processes. The importer should maintain clear records of all suppliers, vendors, and partners in the supply chain. They should also implement and enforce strict security protocols. Companies must also regularly reassess their security measures to ensure they are up-to-date and effective in addressing new threats.
What's the difference between an FTZ and a Customs Bonded Warehouse?

An FTZ is a designated geographical area within the United States but is not considered part of United States commerce. However, a Bonded warehouse is within United States Customs territory Therefore, a formal Customs entry must be filed for goods to enter the warehouse.

Advantages to an FTZ include:

  • Goods do not go through an official Customs entry process when first stored in the warehouse. This allows for duty payment to be delayed, reduced or even eliminated in some cases.
  • FTZ warehouses also don’t have regulations as strict as bonded warehouses. For example, goods imported into an FTZ can be stored, manipulated, or manufactured without being subject to import duties or taxes until they enter the commerce of the United States, but only a specific class of Bonded warehouses can do perform those operations.

But Customs bonded warehouses are also an attractive option.

Advantages to a Customs bonded warehouse include:

  • No duty is collected until the product is withdrawn for consumption. This allows importers greater control over their finances.
  • Goods can be stores for up to five years
  • If an importer is unable to find a buyer in the U.S., the goods can be exported without paying duty.

The “alternative site framework” (ASF) is an optional framework for organizing and designating sites that allow zones to use quicker and less complex procedures to obtain FTZ designation for eligible facilities.

To reorganize under the ASF, each zone grantee will propose a “service area”. Within an approved service area, a subzone or usage-driven site can be approved within 30-days using a simple application form. The ASF allows zone designation to be brought to any company that needs it, eliminating the need for zone grantees to predict where the zone will be needed and pre-designate sites.

  • Magnet Sites: usually located at ports or industrial parks. They are open to multiple zone operators.
  • Subzones/Usage-driven sites: approved for a specific company/use.
How Can You Apply for Electronic Vessel Manifest Confidentiality?

Currently, ocean carriers, importers, consignees and shippers utilizing ocean transportation may submit an electronic vessel manifest confidentiality request through the following methods:

  • Submit and manage an automated online application for electronic vessel manifest confidentiality
  • Submit a paper request
  • Submit an email request

Once received, CBP processes the confidentiality request according to the information provided. For confidentiality to be effective, the name provided must exactly match the importer/consignee name as it is entered electronically in the Automated Commercial Environment (ACE) by the trade or their carrier/filing party. It is the responsibility of the requesting entity to verify that they are providing an accurate request.

The granting of confidentiality will be valid for two (2) years from the date the request is processed and covers all ports of entry. Renewal requests should be made at least 60-90 days prior to the expiration of the current approval.
There is no fee associated with the request for confidentiality.