The year 1994 is a turning point for Florida. For the first time, international trade accounts for more business than tourism. That trend is expected to continue, with both imports into Florida and exports from Florida increasing at a record pace. When purchasing something at your local department store, most people don't stop to think that the t-shirt was made in China, the shoes in Brazil, and the ties from Italy. Even the paper for many newspapers come from Canada. How all of these items were transported from other countries and imported into the United States involve questions addressed by a particular kind of international trade attorney, a customs attorney.

International trade is a lucrative business, yet it is fraught with perils. Virtually all merchandise entering the U.S. from another country must be declared to Customs. The U.S. Customs Service is the principal Federal agency which is responsible for enforcing the customs and other import laws of the United States. Whether you are a first time importer of $10,000 worth of computer parts from Taiwan, or an experienced importer who regularly imports millions of dollars of bananas from Costa Rica, the numerous and complex laws, regulations, policies, and procedures can be overwhelming.

Because of the complexities of importing, it is always recommended to get advice from a customs attorney. Customs attorneys have considerable knowledge and experience in interpreting the customs and other import laws and regulations of the United States in providing legal advice to an importer. Such advice may concern whether the product may be imported in the first place. For example, products containing freon require a license from the Environmental Protection Agency, and products from Iran require a license from the Office of Foreign Assets Control. Some items such as sugar may no longer be allowed to enter the U.S. from certain countries because the quota for that country is full. Certain merchandise such as ivory tusks or pre-Colombian artifacts are almost always prohibited entry into the U.S., and will be confiscated by Customs.

Many importers make the mistake of concluding an agreement with a foreign businessperson to purchase a certain product, hoping then to sell it in the U.S. The importer fails to determine that the merchandise will satisfy the often more stringent laws of the United States. For example, many presciptive medicines may be readily available in a foreign country, but have not been approved for sale in the U.S. by the Food and Drug Administration. Even if the product could be imported into the U.S., the importer needs to take special care that the country or origin marking and labelling is satisfactory to Customs. For example, does the product clearly state in English in which country it was produced or manufactured so that the U.S consumer can make an informed decision.

All importers should take advantage of submitting a request for an "advance ruling" from the U.S. Customs Service. In such a request, you will get within 60 days a definitive answer from Customs on such issues as classification, valuation, and country of origin. Advance ruling requests may be made to the Customs district in which you intend to import merchandise or to Customs Headquarters in Washington, D.C. The ruling from Customs is then attached to the other entry documentation submitted to Customs in order to avoid any delay in the importation of your merchandise.

Another process which importers should use is the "prior disclosure." If you discover that information that you had previously submitted to Customs contained false information, you may correct that information without any penalty. Of course, the disclosure must be made prior to Customs initiating a formal investigation. For example, for exporters who ship merchandise to Mexico, the NAFTA Certificate of Origin is a document on which the exporter may have unintentionally provided false information about whether the merchandise is an "originating good" under NAFTA. The Certificate should be reviewed for accuracy with a customs attorney, and if found to contain incorrect information, then a prior disclosure should be filed with Customs.