Wednesday 9 March 2011

Legal considerations while exporting to USA

USA has devised certain procedures which all exporters have to follow. One of these procedures is to ensure that appropriate duties and fees are paid which also includes legal documentation. Getting US export license is a basic requirement for exporters in USA. This procedure may appear complex, but in most of the cases it is a rather simple process. Exporters of USA wholesale products should remember that violation of the Export Administration Regulations (EAR) carry both criminal and civil penalties. Mainly there are two kinds of exporting license, which are General Licenses and Individually Validated Licenses

General License and Individual Validated License
General license is granted to all exporters by the US government who meet certain categories of products. Individually validated license is a specific export license granted to the exporters from the authority of Export Administration Regulations of US government. This license is granted on case-by-case basis on export of some particular products.
It is necessary to determine that what kind of license you need while exporting from USA. This can be only determined by checking the kind of product being exported and its destination. Check the ECCN (Export Control Commodity Number) to determine in which category the particular commodity falls. To avoid any type of confusion, all exporters are always advised to consult US Department of Commerce's Exporter Counseling Division. Remember that if you are looking to trade in USA market then you will have to get a separate license meant for wholesalers.
Taxes and Duties
Always keep in mind that all export products of the US are zero-rated for VAT and there are no additional export taxes. But your product may be liable to import duty and the levels of duty vary for product to product. In order to compete with local suppliers, you will also have to quote a price fully inclusive of all prices. In short there are no additional US taxes which you are liable to pay on export sales.

On other hand if you are looking for opening a local store, or looking to establish your presence in US then you are liable to US taxation. Again if you use a local distributor then the sales of your products will also be subject to sales tax. It is better for every amateur exporter to take advice from any accountant who has experience of US taxes and regulations.

Other Legal Aspects
While doing export business in the USA wholesale market, always remember that all transactions are mainly done on credit. Besides this you should also protect yourself against the risk of non-payments because the processes of payment chasing or legal actions in the US are quite time-consuming and expensive. In order to compete with local traders you will have to do all dealings in Dollars, which means you are at risk if exchange rate fluctuates. Lastly you should always remain careful and product your business intellectual property when trading in the US. It is very important if you want to stop other people from exploiting your ideas and business logo.

Following all these legal considerations an exporter can easily become successful in USA market.

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