6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229
Did you know that per 15 CFR 758.6, a destination control statement is required on the invoice, bill(s) of lading or other export control documents accompanying shipments from US origin? This is required for all exports of items on the Commerce Control List that are NOT classified as EAR99, unless the export can be made under a license exception (BAG-baggage or GFT- Gifts as defined in part 740 of the EAR).
Currently, the statement must say at a minimum: “These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversions contrary to U.S. law is prohibited” (15 CFR 758.6).
These regulations have been revised and the requirement will change. The new changes to 15 CFR 758.6 will be effective on November 15, 2016. According the Federal Register published on August 17, 2016, the final rule implements changes which were proposed on May 22, 2015. The stated goal of these revisions is “Harmonization of the Destination Control Statements.” Per the summary of the Federal Register entry, “This final rule revises the destination control statement in 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in 22 CFR 123.9(b)(1) of the International Traffic in Arms Regulations" (ITAR).
The revised regulation clearly states “The exporter must incorporate the following information as an integral part of the commercial invoice whenever items on the Commerce Control List are shipped (i.e., exported in tangible form), unless the shipment (i.e., the tangible export) may be made under License Exception BAG or GFT (see part 740 of the EAR) or the item is designated as EAR99.” Yes it is similar to what we have already discussed in the opening paragraph. However, note the language is specifying that the “exporter” must action this requirement.
The new statement as defined in revised 15 CFR 758.6 effective November 15, 2016 is: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.”
Are you ready to meet this requirement? JAS Forwarding USA Inc. Compliance Team is working to ensure that our bill of lading’s language has been adjusted to comply with these revised regulations. We can help you too. Contact us today and let’s work on some risk management together!
For January, we are highlighting Ivel Martinez, our Air & Ocean Manager/FTZ Administrator in the JAS Miami office. Ivel joined JAS in November 2021 and has been instrumental in helping manage the MIA Foreign Trade Zone operations. She is very meticulous in keeping records and validating inventory control.
Ivel's parents owned one of the first CFS warehouses in Miami. Ivel has been in the industry for many years and remembers typing 7512's on a huge brown typewriter.
Ivel has been happily married for 28 years and her family is extremely important to her. She has 2 sons, and 3 puppies. Ivel loves getting together with family and enjoying good food.
Ivel is yet another great example that People Make the Difference!
New Section 301 China Tariffs went into effect on January 1, 2025 for five subheadings. These increases are the result of the Four Year Review and will affect imports from China of certain tungsten products, wafers and polysilicon.
The rates on tungsten products will increase to 25 percent, while the rates for wafers and polysilicon will increase to 50 percent. Affected subheadings are 2804.61.00, 3818.00.00, 8101.94.00, 8101.99.10, and 8101.99.80.
Click below to check out more details.
Our Sites use cookies for analytics purposes. For more information about the cookies we use on our Sites or how you can disable them, please see our Cookie Policy.