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Saudi Customs Authority circular - Country of Origin on all materials
The Saudi Customs Authority has recently given strict directives that the "Country of Origin" information must be mentioned (engraved or affixed - non removable sticker) on each item and should also be printed on the boxes and/or cartons.
The Certificate of Origin must also mention the same details.
If the shipment is originating from any European country, then the exact country of the item manufactured/produced must be mentioned in the Certificate of Origin instead of "European Union." If one package/carton contains shipments from various countries, then each item should show its own country of origin.
If any shipment arrives without Country of Origin/manufacture information, then the authority will not allow affixing the country of origin on the item and such cargo must be returned (re-export) to its origin at shipper's/consignee's cost without any prior notice.
It is applicable for all shipments arriving at Port of Entry Jeddah, Damman and Riyadh effective February 1, 2009.
Any failure to follow these instructions are treated as a serious offense and the importer on record will be fully responsible for whatever delays and any cost incurred against port penalties, demurrages, detention charges, extra manpower and related labors charges.
Source: IATA
Commentary on Marking and Country of Origin/Manufacture
The fact that imported merchandise must be legibly, indelibly, and permanently marked with Country of Origin/manufacture is not unusual. What is interesting about the circular issued by IATA above is that if a shipment is found incorrectly marked, Saudi Arabian Customs will no longer allow affixing the country of origin on the item and any cargo arriving without correct country of origin marking will be re-exported at the shipper's/consignee's expense.
This zero tolerance policy makes it important to know the General Requirements of Import into Saudi Arabia, and the circular states "that the country of origin/made in must be mentioned on each item and should be printed on the boxes/cartons." The Saudi Custom's Website ( http://www.customs.gov.sa/CustomsNew/rules/sUnitedRulesDetails_E.aspx?ch_id=5&chname=Importation%20and%20Exportation ) states that in addition to the merchandise containing an irremovable label showing the County of Origin, the import documentation must include an "Original certificate of origin legalized by the Chamber of Commerce in the exporting country."
With the possibility of other zero tolerance directives from the Customs agencies of other foreign countries, it is important that US exporters fully comply with all rules of import for the countries of their customers. The World Customs Organization has links to many websites, including national Customs sites: http://www.wcoomd.org/otherlinks/?lid=1#5
For US importers, the rules regarding country of origin marking are located in the Customs regulations (CFR19 chapter 1 part 134 - http://www.access.gpo.gov/nara/cfr/waisidx_08/ 19cfr134_08.html). Included in section 134.33 is the "J-List" of exempted articles.
While the Country of Origin and name/address of the shipper is often sufficient for Customs entry, it is important to note that for some commodities (i.e. textile, goods requiring FDA approval, anti-dumping), in addition to the country of manufacture, the importer should know the name/address of the actual manufacturer.
The Lacey Act as Amended
The Lacey Act as amended "makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the United States, a U.S. State or a foreign country."
On March 27, Customs published an updated "Guidance on the Lacey Act Declaration" that clarifies how the first phase of the amended act will be enforced. This first phase will cover only a few chapters of the tariff with additional chapters scheduled for enforcement beginning on October 1, 2009 and April 1, 2010.
The HTS Chapters Scheduled for the First Phase of Enforcement of the Plant Import Declaration:
4401 / Fuel wood
4403 / Wood in the rough
4404 / Hoopwood, poles, posts, stakes
4406 / Railway and tramway sleepers
4407 / Wood sawn or chipped lengthwise
4408 / Sheets for veneering
4409 / Wood continuously shaped
4417 / Tools, tool handles, broom handles
4418 / Builders' joinery
The guidance document states that the electronic submission of the required data elements will be accepted starting April 1, 2009, but enforcement will not begin until May 1, 2009. Like the 12 month period prior to full enforcement of the ISF/10+2 regulations, importers are encouraged to use the 30-day period starting April 1, 2009, for live testing of the electronic system.
Links to more information on the Lacey Act can be found by visiting the following:
http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/laws/food_energy/ amended_lacey_act/
If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department. |
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