FAQs
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Here are some of the most commonly asked questions
about Carnets:
Obtaining
and Using a U.S. Carnet:
1.
What options do I have if I am
taking goods out of the country and planning to return them?
2.
Why must a security deposit be
provided?
3.
How specific do the
descriptions need to be on the General List?
4.
Some items on my Carnet will travel
to country A and others to country B a week later. Do I need multiple Carnets?
5.
Who in my company should sign
section “F. obligation” on the application and the General List?
6.
How to use ATA Carnet in EU
Countries?
7.
Are there specific regulations
for goods entering India?
8.
Are there specific regulations
for goods entering China?
9.
Do I still need an export
License when using a carnet?
10. I need to move goods out of the U.S. , but do not have a
legal residence or Taxpayer ID in the U.S.
Is it possible to obtain a U.S. Carnet?
11. I am checking my Carnet goods with my baggage to leave the
U.S. Where do I get my Carnet stamped?
Avoiding a
Claim on a U.S. Carnet – Cancellation and Claims
12. When do I return the Carnet?
13. To where do I return the Carnet?
14.
My Carnet is still valid, but
I have used all the counterfoils and vouchers. What should I do?
15. We have lost our Carnet.
What shall we do?
16. I received a duplicate Carnet after I lost the
original. The duplicate was sent back
to you. Why am I still getting reminder
letters?
17. Can I sell the goods under Carnet?
18. I have a U.S. Carnet, but the goods will not leave before
it expires. What do I do?
19. My Carnet was never used.
Do I still return it?
20. Are there restrictions on Items with jade and rubies from
Myanmar?
Using a
Foreign Carnet in the U.S.
21. My goods need to stay in the U.S. beyond Carnet
expiration. What are m options?
22. May I use a foreign Carnet to enter Puerto Rico, Guam or
the U.S. Virgin Islands?
23. I would like to sell my goods imported into the U.S. on
foreign-issued Carnet. How should I
proceed?
24. Are there restrictions on items with jade and rubies from
Myanmar?
25. Can I bring a vehicle into the U.S. under a foreign-issued
Carnet?
26. I am checking my Carnet goods with my baggage to leave the
U.S. Where do I get my Carnet stamped?
General
Information:
27. What do the acronyms ATA and TECRO/AIT represent?
28. What is the Origin of the ATA Carnet System?
29. How do I learn about the Carnets around the world?
Obtaining and Using a U.S. Carnet
1. What options do I have if I
am taking goods out of the country and planning to return them?
All countries have procedures allowing for the
temporary importation of goods for across their borders. Such importations are
generally valid for less than 12 months.
Importers may choose from three options when considering a temporary
importation:
Duty refund, temporary importation under bond (TIB),
and Carnet.
·
Duty refund is the
process by which an importer registers the goods at the time of entry, and
deposits the applicable duties and taxes. In Europe, duty and taxes range from
20-30%, Australia 50%, China 40%, of the value of the goods. (Check VAT chart for details.) At the time of
departure, the exporter presents the goods and appropriate paperwork to a
customs inspector. Exporters can expect to receive a full refund of the duties
and taxes posted at some future point. (For Europe, refunds are generally made
2-6 months after departure. Payments are made in local currency, e.g., South
African Rand.)
·
To use a TIB, importers
are required to secure the TIB from a customhouse broker at the time of entry
into the foreign country. The purchase of a TIB is required for each country
visited on every trip. Fees for TIBs vary widely.
·
Carnets: May be used for unlimited exits
from and entries into the U.S. and foreign countries; are accepted in over 75
destinations worldwide; eliminate value-added taxes (VAT), duties, and the
posting of security normally required at the time of importation; and simplify
customs procedures. Carnets allow temporary exporters to use a single document
for all customs transactions, make arrangements in advance, and at a
predetermined cost. Carnets facilitate reentry into the U.S. by eliminating the
need to register goods with U.S. Customs at the time of departure.
2. Why must a security deposit be
provided?
The ATA Carnet conventions require
it. Equally important, security deposits provide financial stability to the ATA
system. There is one designated Guaranteeing Association in each country where
Carnets are accepted. The role of the Guaranteeing Association is to guarantee
the payment of duties and taxes to customs authorities (both domestic and
foreign) that present valid claims. In the case of the U.S., the USCIB must pay
all valid claims (resulting from Carnets originating in the U.S.) to foreign
authorities and to U.S. Customs on all foreign Carnets.
3. How specific do the descriptions need to be on the General List?
The more specific the better, as customs has the
right to stop goods from entering its border for lack of adequate description.
Include serial numbers or model numbers whenever possible. An imprecise or
incomplete description may cause a customs inspector to question the
importation (or re-exportation) and possibly seize the goods.
4. Some items on my Carnet will travel to country
A and others to country B a week later. Do I need multiple Carnets?
Not necessarily, split shipments are possible.
Depending on amount of time between the two shipments a second Carnet may be
advised. Call your Carnet Service
Bureau for details.
5. Who
in my company should sign section "F. Obligation" on the application
and the General List?
It would have
to besomeone who possesses the
authority to obligate the company to payment of duties and taxes should they
come due.
6. How to use ATA Carnet in EU countries?
The twenty seven members of the European Union (EU) are
one customs union and are noted as such on the green cover of your
carnet. Customs documentation is not required when traveling
between/among EU states. Assuming carnet goods are traveling by vehicle
from the UK through France and Spain and departing from the EU from Portela
airport in Lisbon, the goods will only be subject to two customs clearances,
one in England and one in Portugal. The carnet importation counterfoil
and voucher should be validated upon arrival at Heathrow airport in the England
and then again at departure in Portugal where the re-exportation sheets should
be stamped.
Please keep in mind that Switzerland and Norway are
not members of the EU and thus customs clearance would be required for
either/both.
7. Are there
specific regulations for goods entering India?
India will only accept goods
under Carnet if the intended use is for exhibitions and fairs, and generally
allows the goods to remain in India for six months.
8. Are there specific regulations for goods
entering China?
China will only
accept goods under Carnet if the intended use is for exhibitions and fairs, and
generally allows the goods to remain in China for six months.
9. Do
I still need an export license when using a Carnet?
Yes, please click here for more
details.
In most Instances, it is not possible
to obtain a U.S. Carnet without a legal residence and Taxpayer ID.
To discuss your specific circumstances contact
Glendy
Sung at 212.703.5073 or gsung@uscib.org
11. I
am checking my Carnet goods with my baggage to leave the U.S. Where do I get my
Carnet stamped?
Present
your Carnet and goods to U.S. Customs before checking in your baggage
and boarding your flight, even if it connects at another U.S. city. U.S.
Customs and Border Protection has recently ruled that Carnets should be stamped
out of the U.S. (export or re-export) where the Carnet holder last had control
of the goods and is not able to come into contact with them until they have
arrived at the final foreign destination.
For
example, a U.S. company is going to show some samples listed on an ATA Carnet
to a potential customer in the U.K. The Carnet holder has a flight from Dallas
to New York, connecting to a New York-Heathrow flight. He would present his
goods and Carnet at U.S. Customs at Dallas for export validation before
checking in his luggage with the air carrier through to London.
The
policy decision by U.S. Customs is based on CBP Directive 3280-013B and Muster
Topic (#CCS-FY12-0031) dated 10/17/2011 in conjunction with the Office of Field
Operations.
Avoiding a Claim on a U. S. Carnet – Cancellation and Claims
12. When
do I return the Carnet?
The Carnet should be returned to USCIB after its
final use or immediately after its expiration whichever comes first.
13. To
where do I return the Carnet?
The Carnet holder should make and keep a clear copy
of the whole Carnet booklet (all used and even un-used sheets), and return the
original via receipted mail to Carnet HQ:
|
USCIB
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1212 Avenue of the Americas
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New York, NY 10036
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Attn: Carnet Cancellation & Redemption
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14. My Carnet is
still valid, but I have used all the counterfoils and vouchers. What should I
do?
If you need to make
additional trips with your Carnet, you may apply for additional sets of
counterfoils and vouchers by simply going to the Carnet Online system, select Services, locate
the Carnet on the Start screen, select Additional Sets under Action and follow
the instructions.
Additional sets of
counterfoils and vouchers may be obtained for continued travel on a valid Carnet. The cost is $15 per set
(minimum charge is $60.) plus shipping and handling. This fee includes up to
four sets of yellow, white or blue counterfoils and their corresponding
vouchers.
15. We
have lost our Carnet. What shall we do?
Call the office that issued your Carnet. If you wish,
a duplicate will be issued. Additional
fees will apply.
16. I
received a duplicate Carnet after I lost the original. The duplicate was sent
back to you. Why am I still getting reminder letters?
In order to cancel a Carnet, both the duplicate and
the original must be returned. Reminder letters will be generated on any Carnet
not returned to us. Carnets not returned to us will be considered “open”.
Security deposits on “open” Carnets will not be returned or cancelled until 13
months after Carnet expiration
17. Can I sell the goods covered under Carnet?
Carnets should be used for
goods NOT intended for sale. However, it is possible to sell off a Carnet. In
addition to the payment of duties and taxes, goods sold off Carnet are subject
to a penalty equal to 10% of the amount of the duties and taxes. A USCIB Claims Handling Fee may also apply.
For goods sold off Carnet, it
is recommended that you contact a local customs office to determine the
procedure best suited to your circumstance. Some countries, e.g., U.K. and
Australia tightly control the sale of goods off Carnet. Generally, local
customs will request that the goods and Carnet be brought to the local office
prior to Carnet expiration so that the Carnet may be properly discharged and
duties, taxes, and penalty paid.
BE SURE TO OBTAIN AN ITEMIZED
CUSTOMS RECEIPT noting the: items sold, amount paid, and Carnet number. Send
the original Carnet and a copy of the Customs receipt to USCIB (see question 8
above). Be sure to retain a clear copy of the Carnet for your records.
For more information contact
Anna Zhang, Director, Claims Administration at 212.703.5075 or azhang@uscib.org.
18. I have a U.S. Carnet, but
the goods will not leave before it expires.
What do I do?
For goods
that must remain in the foreign country beyond the Carnet expiration date, it
may be possible to obtain a “replacement Carnet.” A replacement Carnet has a new Carnet number but contains the
same General List as the original Carnet. The Replacement is typically good for
one year. The Replacement and original Carnet are presented to foreign customs
at which time the original is ‘closed’ and the Replacement is ‘opened’ thus
allowing the goods to remain past the date of expiration on the original document.
For details, contact the office that issued your Carnet or Glendy Sung at gsung@uscib.org
or 212.703.5073, 30 days before expiration.
19. My Carnet was never used.
Do I still have to return it?
Yes, all Carnets must be returned even if they were
never used. Carnets that are returned to Carnet HQ will be considered ‘open’
and thus, the associated security deposit will remain in effect until the time
during which a customs claim may be submitted to USCIB has ended.
20. Are
there restrictions on items with jade and rubies from Myanmar?
Yes, as of 1 October 2008, no rubies or jaderie of Burmese
origin may be imported into the US, whether mounted or unmounted. Any such
shipments will be seized upon importation by US Customs. If the rubies or
jaderie were imported prior to the embargo and have not under gone any change
since importation they may go on a US carnet as long as there is substantial
proof to support this claim. This proof of importation must be presented with
the carnet when exiting and re-entering the US.
Using a Foreign Carnet in the U.S.
21. My
goods need to stay in the U.S. beyond Carnet expiration. What are my options?
According to U.S. Customs regulations, foreign-issued
Carnets may not be extended beyond expiration.
Please note consumption entries are not allowed to discharge a Carnet
entry. This may result in a second
payment of duties on a claim made on the Carnet. However, to keep the merchandise in the U.S. beyond the
expiration of the Carnet there are two options:
1)
File a T.I.B.
(Temporary Importation under Bond / Temporary Import Bond) through a customs
broker with U.S. Customs before the expiration of the Carnet. This will
allow the merchandise to remain in the country for an additional year. The
Carnet number must appear on the TIB paperwork and the merchandise description,
weight, and value must be the same as those on the Carnet General List. The
Carnet’s re-exportation voucher should be presented and validated by U.S.
Customs referencing the TIB number and date. Copies of both bond and Carnet
should be kept so that upon final re-exportation and re-importation into the
country of issue, customs may clear the goods without unnecessary assessment of
duties.
2)
Mitigation of duties
may be afforded if the merchandise is re-exported after Carnet expiration:
a.
Re-exportation
validated in the Carnet up to 90 days after Carnet expiration will
result in the collection of 25% of the duty and 10% penalty within the case of
a claim made on the Carnet, with a minimum of $50; or
b.
Re-exportation
validated in the Carnet between 90 and 180 days after Carnet expiration will
result in the collection of 50% of the duty and 10% penalty, with a minimum of
$100.
Goods re-exported 181 days after Carnet expiration
are subject to the collection of the full amount of duty and 10 % penalty.
22. May I use a foreign Carnet to enter Puerto
Rico, Guam or the U.S. Virgin Islands?
Foreign carnets may be used for entry into Puerto
Rico, but not for Guam or the U.S. Virgin islands (St. John, St. Croix, or St.
Thomas)
23. I would like to sell my
goods imported into the U.S. on a foreign-issued Carnet. How should I proceed?
If the Carnet has not yet expired, contact, either
directly or through customs broker, the Entry Team at the Customs port of
importation and request an anticipatory breach of the carnet.
Documents required to accompany the anticipatory
breach are:
1.
A letter on the Carnet
holder letterhead itemizing the goods that will not be re-exported and requesting
to pay liquidated damages
2.
Copy of the front cover
of the Carnet, the General List, and the Importation Counterfoil validated by
U.S. Customs.
Once a case number is issued by U.S.
Customs and payment received, a receipt referencing the U.S. Customs Case
number should be sufficient to discharge the items in the U.S.
If the Carnet has already expired, contact the U.S. Customs
Claim Examiner at USCIB Headquarters to see if a claim for duties has already
been issued by U.S. Customs or to have a claim issued for the items not re-exported.
Please note that
effective February 2011, the port of JFK International Airport has ceased to
accept anticipatory breaches of Carnets and will only accept such requests
after Carnet expiration.
24. Are there restrictions on items with jade and rubies from
Myanmar?
Yes, as of 1 October 2008, no rubies or jaderie of Burmese
origin may be imported into the US, whether mounted or unmounted. Any such
shipments will be seized upon importation by US Customs.
25. Can
I bring a vehicle into the U.S. under a foreign-issued Carnet?
If your Vehicle will be used as a sample (show/exhibit) or
professional equipment (driven in a race/rally), you may import it into the
U.S. temporarily under Carnet. If it
will be driven on the roads, the vehicle will need to conform to DOT
(Department of Transportation) and EPA (Environment Protection Agency)
emissions standards prior to importation, unless it is a non-conforming
vehicle: please see a licensed customs broker/forwarder for details. Please note also that U.S. Customs ports
have their own policies regarding the acceptance of vehicles under Carnet.
26. I am checking my Carnet
goods with my baggage to leave the U.S. Where do I get my Carnet stamped?
Present your Carnet and goods to U.S. Customs before
checking in your baggage and boarding your flight, even if it connects at
another U.S. city. U.S. Customs and Border Protection has recently ruled that
Carnets should be stamped out of the U.S. (export or re-export) where the
Carnet holder last had control of the goods and is not able to come into
contact with them until they have arrived at the final foreign destination.
For example, a Canadian company participates in a
trade show in Las Vegas with goods under an ATA Carnet. When departing
Las Vegas, the Carnet goods will connect through Los Angeles en route to the
final destination of Vancouver. In this case, the Carnet holder should present
his Carnet and goods at U.S. Customs in Las Vegas for re-export validation
before checking in the luggage with the airlines through to Canada.
The policy decision by U.S. Customs is based on CBP
Directive 3280-013B and Muster Topic (#CCS-FY12-0031) dated 10/17/2011 in
conjunction with the Office of Field Operations.
General Information
27. What do the acronyms
ATA and TECRO/AIT represent?
The initials ATA are an acronym of the French and
English words Admission Temporaire/Temporary Admission. TECRO is the acronym for the Taipei Economic
and Cultural Representative Office in the United States (TECRO) and AIT is for
the American Institute in Taiwan. They
represent the contracting parties to this agreement between the U.S. and
Taiwan.
28. What is the origin of the ATA Carnet System?
To encourage world trade by reducing the obstacles caused by
varying national customs regulations, the Customs Co-operation Council, now the
World Customs Organization adopted in December, 1961, the "Customs
Convention on the ATA Carnet for the Temporary Admission of Goods."
Carnets are issued and guaranteed by national groups, which administer the ATA
Carnet System under a set of conditions established by the International Bureau
of Chambers of Commerce (IBCC). The IBCC is sponsored by the International
Chamber of Commerce (ICC) in Paris. Customs authorities in over 75 destinations
accept the Carnet as a guarantee that all duties and taxes will be paid if the
Carnet is misused.
The U.S. Council has managed
the ATA Carnet System in the United States since its appointment by the U.S.
Customs Service in 1968. The U.S. issues approximately 13,000 Carnets per year,
covering goods valued at over one and one-half billion dollars.
29.
How do I learn about
Carnets around the world?
Visit the website of the International Chamber of
Commerce (ICC), www.iccwbo.org.
May 4, 2012
