Importing goods from overseas is a lot more complex than picking up the phone, placing your order and waiting for the goods to arrive. There are a lot of factors to consider before you place your first import order.
Importing goods from overseas can be risky business. There can be a number of legal issues when dealing with business partners from overseas and these issues are magnified when importing goods. You need to make sure you have a successful relationship with your importer and are complying with the relevant laws. You need to familiarize yourself with the legal framework when importing goods from another country.
U.S. Law Applies
For starters, there can often be confusion about which national law applies when goods are crossing national boundaries. Other than when very small quantities are imported just for personal use, all consumer goods brought into the United States must be done in accordance with U.S. law.
Make sure you are aware of your obligations under the United States Consumer Law.
Licensing
There is no general requirement for importers to hold a government license in order to import goods. However, under certain circumstances you may need special permits to allow for clearance of the goods at the U.S. border. The most common types of permits include import, tradegate and quarantine fees. You must comply with the relevant laws under the different categories of fees to ensure your goods are imported as you planned.
Dangerous Goods
If the goods being imported contain certain chemicals or poisons which may harm people, you will be subject to a wide range of legal obligations which apply to the transportation, packaging, handling, storage and labeling of such goods. Typical goods in this category include cleaning products, poisons, industrial chemicals and agricultural chemicals.
Signing a Contract with an Overseas Company
One of the best ways to mitigate the risks of dealing with an overseas exporter is to have an export or import agreement which protects your interests.
An export or import agreement will set out the terms of your arrangement and, once signed, becomes a legally binding contract between you and the other party.
There are a number of terms which you should consider when drafting or reviewing your agreement with the exporter, including, but not limited to, the following:
which laws will apply to the agreement;
any intellectual property rights to business logos, trademarks and branding;
when legal title and risk passes from the exporter to you;
how payments will be made; and
who has liability for any defective products.
Conclusion
If you are importing goods from overseas, you should consider speaking with an attorney to ensure that your business risks are lowered and that you are protected as much as possible!
An attorney can provide you with advice to ensure that you are complying with the relevant laws and help you draft an agreement between you and your exporters to ensure that you receive products of good quality and on time.
Please feel free to contact JV LAW GROUP at 714-752-3270 or via email info@jvlawgroup.com .
