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Importing Goods from overseas

Plainview, NY |

Hello I'm a importer of Petroleum Jelly. One of my customer is saying he wants a industrial grade Petroleum Jelly on whose jar its label should say "Petroleum Jelly - Made In India" Dist by XYZ Company". My question is could customs hold this shipment saying no this is for skin use and not Industrial Grade. My vendor's invoice, his declaration in the Origin port all say industrial grade.

Attorney Answers 2

  1. It really depends on how you, as importer, classify the product and the HC you use.
    Now, keep in mind that Customs can always challenge your classification. It is up to you to rebut their position and persuade them otherwise. The invoice itself and the certificate of origin may not suffice. You may need, if possible, the manufacturing process to sustain your classification.

    Attorney Advertising. The information given above is intended to provide general information only and not legal advice and does not create an attorney-client relationship.

  2. I concur with Mr. Paternoster. He gave you an excellent answer. In order to determine the proper classification you would need to show more documentation. I would suggest to consult an international attorney. Best.

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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