Common use of Import Compliance Clause in Contracts

Import Compliance. (This clause applies only if this Contract involves importation of Work into the United States.) a. Seller shall comply with all U.S. Customs and Border Protection laws and regulations (e.g., 19 C.F.R.) and all other applicable U.S.G. regulations pertaining to importations of Goods into the United States under this Contract. Seller shall assume all U.S. import responsibilities, to include designation as U.S. Importer of Record, Customs clearance, duty, permits, licenses, taxes, and fees for Goods entering into the United States under this Contract. Unless otherwise agreed in writing, Xxxxx will not assume any import liabilities for Goods procured through this Contract. Seller shall obtain the written consent of Buyer prior to causing Goods to be shipped directly (i.e., “drop shipped”) from the premises of any non-U.S. supplier or Seller’s overseas operations to Buyer’s facility. b. Seller understands that the Work may be, either now or in the future, subject to one or more trade remedy proceedings (e.g., anti-dumping, countervailing duty, safeguard) in the United States, which may result in the imposition of additional duties or other charges or quantitative restrictions on the imported goods. If any such proceedings are initiated, Seller shall, at Company’s request, cooperate fully with Company and with requests for information from the competent government authorities in the United States. Seller further understands and agrees that such cooperation may require it to provide confidential sales and cost information to the competent authorities so that they can calculate the amount of the duty or other charge on the goods. c. At all times before, during, or after the initiation of a trade remedy proceeding in the United States or another country, Seller shall take all available steps necessary to minimize (1) the risk that additional duties or other charges may be imposed on its goods sold to Company and (2) the amount of such duties or charges. Seller warrants that there are no additional duties or other charges (e.g., antidumping duties, countervailing duties, safeguard duties) covering the Work, so long as the Work is (i) Sold before the date of publication of the official government notice that imposes additional duties or other charges (i.e., the "antidumping duty order"); and (ii) Exported before the date of publication of the final determination of the Department of Commerce concluding the investigation phase of the antidumping proceeding. d. The purpose of this provision is to comply with U.S. regulation 19 C.F.R. § 351.402(f) (2013). Company may terminate the agreement without liability to Seller if additional duties or other charges are imposed on the goods produced or exported by Seller. e. Unless this Contract expressly states that Company is designated as the importer of record, Xxxxxx agrees that: (i) Company will not be a party to the importation of Goods, the transaction(s) represented by this Contract will be consummated after importation, and Seller shall neither cause nor permit Company's name, “Customer’s EIN” or “Customer’s Tax ID” to be shown as "Importer Of Record" on any customs declaration, Temporary or Import Bond; and (ii) Upon request and where applicable, Seller shall provide to Company Customs Form 7501 entitled "Customs Entry", properly executed.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

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Import Compliance. (This clause applies only if this Contract involves importation of Work into the United States.) a. Seller shall comply with all U.S. Customs and Border Protection laws and regulations (e.g., 19 C.F.R.) and all other applicable U.S.G. regulations pertaining to importations of Goods into the United States under this Contract. Seller shall assume all U.S. import responsibilities, to include designation as U.S. Importer of Record, Customs clearance, duty, permits, licenses, taxes, and fees for Goods entering into the United States under this Contract. Unless otherwise agreed in writing, Xxxxx Buyer will not assume any import liabilities for Goods procured through this Contract. Seller shall obtain the written consent of Buyer prior to causing Goods to be shipped directly (i.e., “drop shipped”) from the premises of any non-U.S. supplier or Seller’s overseas operations to Buyer’s facility. b. Seller understands that the Work may be, either now or in the future, subject to one or more trade remedy proceedings (e.g., anti-dumping, countervailing duty, safeguard) in the United States, which may result in the imposition of additional duties or other charges or quantitative restrictions on the imported goods. If any such proceedings are initiated, Seller shall, at Company’s request, cooperate fully with Company and with requests for information from the competent government authorities in the United States. Seller further understands and agrees that such cooperation may require it to provide confidential sales and cost information to the competent authorities so that they can calculate the amount of the duty or other charge on the goods. c. At all times before, during, or after the initiation of a trade remedy proceeding in the United States or another country, Seller shall take all available steps necessary to minimize (1) the risk that additional duties or other charges may be imposed on its goods sold to Company and (2) the amount of such duties or charges. Seller warrants that there are no additional duties or other charges (e.g., antidumping duties, countervailing duties, safeguard duties) covering the Work, so long as the Work is (i) Sold before the date of publication of the official government notice that imposes additional duties or other charges (i.e., the "antidumping duty order"); and (ii) Exported before the date of publication of the final determination of the Department of Commerce concluding the investigation phase of the antidumping proceeding. d. The purpose of this provision is to comply with U.S. regulation 19 C.F.R. § 351.402(f) (2013). Company may terminate the agreement without liability to Seller if additional duties or other charges are imposed on the goods produced or exported by Seller. e. Unless this Contract expressly states that Company is designated as the importer of record, Xxxxxx Seller agrees that: (i) Company will not be a party to the importation of Goods, the transaction(s) represented by this Contract will be consummated after importation, and Seller shall neither cause nor permit Company's name, “Customer’s EIN” or “Customer’s Tax ID” to be shown as "Importer Of Record" on any customs declaration, Temporary or Import Bond; and (ii) Upon request and where applicable, Seller shall provide to Company Customs Form 7501 entitled "Customs Entry", properly executed.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

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Import Compliance. (This clause applies only if this Contract involves importation of Work into the United States.) a. Seller shall comply with all U.S. Customs and Border Protection laws and regulations (e.g., 19 C.F.R.) and all other applicable U.S.G. regulations pertaining to importations of Goods into the United States under this Contract. Seller shall assume all U.S. import responsibilities, to include designation as U.S. Importer of Record, Customs clearance, duty, permits, licenses, taxes, and fees for Goods entering into the United States under this Contract. Unless otherwise agreed in writing, Xxxxx will not assume any import liabilities for Goods procured through this Contract. Seller shall obtain the written consent of Buyer prior to causing Goods to be shipped directly (i.e., “drop shipped”) from the premises of any non-U.S. supplier or Seller’s overseas operations to Buyer’s facility. b. Seller understands that the Work may be, either now or in the future, subject to one or more trade remedy proceedings (e.g., anti-dumping, countervailing duty, safeguard) in the United States, which may result in the imposition of additional duties or other charges or quantitative restrictions on the imported goods. If any such proceedings are initiated, Seller shall, at Company’s request, cooperate fully with Company and with requests for information from the competent government authorities in the United States. Seller further understands and agrees that such cooperation may require it to provide confidential sales and cost information to the competent authorities so that they can calculate the amount of the duty or other charge on the goods. c. At all times before, during, or after the initiation of a trade remedy proceeding in the United States or another country, Seller shall take all available steps necessary to minimize (1) the risk that additional duties or other charges may be imposed on its goods sold to Company and (2) the amount of such duties or charges. Seller warrants that there are no additional duties or other charges (e.g., antidumping duties, countervailing duties, safeguard duties) covering the Work, so long as the Work is (i) Sold before the date of publication of the official government notice that imposes additional duties or other charges (i.e., the "antidumping duty order"); and (ii) Exported before the date of publication of the final determination of the Department of Commerce concluding the investigation phase of the antidumping proceeding. d. The purpose of this provision is to comply with U.S. regulation 19 C.F.R. § 351.402(f) (2013). Company may terminate the agreement without liability to Seller if additional duties or other charges are imposed on the goods produced or exported by Seller. e. Unless this Contract expressly states that Company is designated as the importer of record, Xxxxxx agrees that: (i) Company will not be a party to the importation of Goods, the transaction(s) represented by this Contract will be consummated after importation, and Seller shall neither cause nor permit Company's name, “Customer’s EIN” or “Customer’s Tax ID” to be shown as "Importer Of Record" on any customs declaration, Temporary or Import Bond; and (ii) Upon request and where applicable, Seller shall provide to Company Customs Form 7501 entitled "Customs Entry", properly executed.

Appears in 1 contract

Samples: Purchase Agreement

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