Power of Attorney (POA)
When you're shipping goods from China to the United States, the first crucial step in the process is establishing a Power of Attorney, commonly referred to as a POA. Signing a POA is essential to authorize a licensed customs broker to act on your behalf with U.S. Customs and Border Protection (CBP).
What is a POA (Customs Power of Attorney)?
A Customs Power of Attorney is a legal document that grants a customs broker the authority to conduct customs business on behalf of the Importer of Record. U.S. Customs regulations (19 CFR 141.46) mandate that a valid Customs Power of Attorney must be on file before a broker can transact any customs-related business for an importer. This instrument specifically empowers the broker to handle customs matters and only customs matters.
Essential Information Required in a POA:
To be valid, a Customs Power of Attorney must clearly indicate the following information for the Importer of Record:
- US Tax Reporting Number: This is typically the Employer Identification Number (EIN) for businesses or the Social Security Number (SSN) for individuals.
Importer Type: The POA must specify the legal structure of the importer, whether it is a:
- Corporation
- Partnership
- Sole Proprietorship
- Individual
POA Validity and Duration:
Unless a specific expiration date is stated on the Power of Attorney, it remains valid until it is formally revoked by the importer. An exception to this is for partnerships, where the POA automatically expires two years after signing, regardless of a stated expiration date.
Important Importer Responsibility:
It is vital for Importers of Record to understand that payment to a customs broker does not relieve you of liability for any Customs charges, duties, taxes, or other debts owed to CBP. If a broker fails to remit these payments, CBP will still hold the Importer of Record responsible. To mitigate this risk, Importers have the option to pay Customs charges directly to "U.S. Customs and Border Protection" via a separate check, which can be delivered to CBP by the broker.
Choosing the Right Customs Broker is Critical:
As the Importer of Record, you bear ultimate responsibility for the accuracy of all entries filed under your name, regardless of whether you utilize a broker's services. Therefore, selecting a reputable and experienced customs broker is paramount. At UCS Logistics, we prioritize accuracy and transparency through our comprehensive training and compliance programs, ensuring the smooth and efficient clearance of your shipments.
For your door-to-door China-USA shipments, choosing a knowledgeable and dedicated shipping broker is essential. We are confident that our expertise and commitment will be a valuable asset to your business.
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