Partial Exam Flashcards

1
Q

What is customs ?

+ role

A

Department within the gvt controlling everything that crosses thé border.

  • fiscal/revenue
  • trade statistics
  • enforcement
  • security
  • combat illicit activities
  • facilitate trade
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2
Q

Role of french customs :

A
  • protection
  • economic
  • fiscal
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3
Q

Trade without discrimination :

A
  • most favored nation
  • national treatment
  • freer trade
  • predictability
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4
Q

Exceptions to trade without discrimination :

A
  • antidumping

- subsidies and spécial countervalling duties

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5
Q

Instrument of the WCO :

A
  • revised kyoto convention
  • HS
  • safe frameworks of standards
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6
Q

Levels of Economic intégration :

A
  • free trade : low on tariffs between members
  • customs union : common external tarifs , same customs laws
  • common market : free mvt of goods, capital, services , persons
  • economic union : common market and monetory
  • political union : common gvt
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7
Q

5 types of mvts :

A
National trade 
Trade with customs union
Trade with an excluded territory of customs union
Trade with free trade agreement
Trade with a third party country
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8
Q

Customs clearance :

A

Attribution of a customs procedure to goods via à customs déclarations

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9
Q

Customs clearance subject to :

A

Customs déclaration
Présentation of goods to customs authorities
Customs régulation (physical flow)

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10
Q

Release for free circulation (mise en libre pratique)

A

Procedure giving the union status to the goods after all import formalities

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11
Q

Release for home use (mise à la consommation)

A

Procédure allowing the sale of the goods with the union status on the national market for an EU Member - payment of all national taxes

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12
Q

3 pilars of the custom clearance :

A

Tariff description
Origin
Value

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13
Q

Tariff description is for :

A
Applicable duties and taxes 
Applicable legislation (prohibitions, sanitary)
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14
Q

Organisation de l’HS code + compléments :

A

6 chiffres : HS CODE
+ 2 chiffres : combined nomenclature (external tariff)
+ 2 chiffres : TARIC (community régulations)
+ 4 codes : Additional codes (national or community regulations)

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15
Q

Origine :

A

Determine the nationality of the goods

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16
Q

Status :

A

Country where the good is released + duties

17
Q

Provenance :

A

Last country the good passed through

18
Q

Non préférential origin :

A

All products

Determine applicable duties and trade policy measures

19
Q

How do you détermine NPO

A
  • goods wholly obtained

- substantial, economically justified processing

20
Q

3 criterias for the NPO substantial economically justified processing :

A
  • change on tariff (sub Heading)
  • value added rules (ad valorem %, fixed min rate that the processing allows to acquire origin, fixed max rate for non origin parts)
  • spécific processing conferring and not conferring origin
21
Q

Preferential origin :

A

Free trade agreement (rate of duties low or 0)

Ex : EUR1 , EUR MED , FORM A

22
Q

Proof of preferential origin

A
  • sufficiently worked or processed
  • whooly obtained
  • insufficient operations to confere origin (EU- MOROCCO)
  • general tolerance rules (% of tolerance that the manufacturer can use as non originating materials on the EXW value)
  • cumulation : consider certain materials non originating as originating under conditions)
  • bilateral cumulation: no mandatory that the good be sufficiently transformed if the good is going to be exported in the free trade)
  • diagonal cumulation : same but with more than 2 countries in the free trade (balkans)
  • full cumulation : cumul of transformation, ex textile and it is possible to obtain the origin of the third country
  • territoriality : working / processing must be carried out in the territories of the parties
  • direct transport : the goods arriving in the country of Import are the same as those which left the country of export
  • no drawback rule
23
Q

Customs value to calculate :

A

Duties
Tax, dock dues
Imp / exp statistics
Calculation of guarantee if suspensive procedure

24
Q

Transaction value

A

Price actually paid or payable for goods when sold for export

25
Q

No transaction value for :

A
Free supplies 
Goods lent
Barker trade
Waste / scrap 
...
26
Q

Ad elements to the transaction value :

A

Sales commission
Suppliers : tools, components
Royalties
Transport , insurances

27
Q

Subtract elements to the transaction value

A

If separated shown in the invoice , included in the price and quantifiable

Ex : transport , charge after entry , charge for the right of reproduce , import duties

28
Q

2 types of customs :

A

Definitive (direct imp/exp)

Spécial procedures

29
Q

Special procedures (4)

A

SPECIFIC USE : temporary admission (ATA) and end use (reparations civil aircrafts)
STOCKAGE : customs warehouse (entrepôt sous douane ) , no duties until release
PROCESSING : inward / outward
TRANSIT : T1 (non EU Status merchandise) and T2 (EU Status merchandise going through another customs territory)