Dear wilfried,
Please read the Important Disclaimer at the bottom of this page and
bear in mind that what I have to say is no substitute for the advice
of a qualified professional, such as a lawyer or a customs official.
However, I am pleased to present the results of my search for
background information on your question.
I conclude from the official U.S. customs publications I have read
that there is no threshold on the size of an importer, and that there
is no prescribed minimum unit of import. In principle, then, the
answer to your question is: yes, a store of any size is generally
entitled to import any quantity of food: and no, it need not be
handled by a professional importing agency.
Specific limitations apply to certain products, such as alcoholic
beverages and live animals, for which a license may be required by a
goverment agency other than the U.S. Customs, such as the Bureau of
Alcohol, Tobacco, and Firearms or the Department of Agriculture.
"An individual may make his/her own Customs clearance of goods
imported for personal use or business. All merchandise coming into the
United States must clear Customs and is subject to a Customs duty
unless specifically exempted by law. Clearance involves a number of
steps: entry, inspection, appraisement, classification and
liquidation.
"The U.S. Customs Service does not require an importer to have a
license or permit. Other agencies may require a permit, license, or
other certification, depending on what is being imported. Customs
entry forms do ask for your importer number. This is either your IRS
business registration number, or if your business is not registered
with the IRS or you do not have a business, your social security
number."
U.S. Customs and Border Protection: U.S. Import Requirements
http://www.customs.ustreas.gov/linkhandler/cgov/toolbox/publications/trade/usimportrequirements.ctt/usimportrequirements.doc
Some food items are prohibited from entering altogether for health and
safety reasons. In addition, certain goods are subject to quotas that
restrict the national volume of import, but quotas apply to all
importers equally.
"Import quotas control the amount or volume of various commodities
that can be imported into the United States during a specified period
of time. United States import quotas may be divided into two types:
absolute and tariff-rate. Absolute quotas limit the quantity of goods
that may enter the commerce of the United States in a specific period.
Tariff-rate quotas permit a specified quantity of imported merchandise
to be entered at a reduced rate of duty during the quota period. Once
a quota has been reached, goods may still be entered, but at a
considerably higher rate of duty."
U.S. Customs and Border Protection: Tips for New Importers and Exporters
http://www.customs.ustreas.gov/xp/cgov/import/communications_to_industry/diduknow.xml
Although import laws apply equally to all quantities, there is a
difference in the way these laws are administered depending on the
value of the shipment. Essentially, a single imported shipment worth
$2000 or less receives faster treatment than shipments of greater
value. For the more valuable shipments, the importer must pay a bond,
which is a kind of advance payment on the expected duties.
"Informal entries cover personal shipments, commercial shipments and
mail shipments that are being entered for consumption, i.e. for use or
sale. In most cases informal entry can be used if the merchandise is
valued at $2000 or less. There are some exceptions such as textiles,
certain types of footwear and other goods subject to quota/visa
restrictions. Personal shipments valued over $2000 will also require a
formal entry. The difference between an informal entry and a formal
entry is the bond requirement and the liquidation process. Liquidation
is the final computation of duties or drawback accruing to an entry
and is the final step in the entry process.
"Formal entries are generally commercial shipments supported by a
surety bond to ensure payment of duties and compliance with Customs
requirements. A bond is like an insurance policy that is payable to
Customs in the event that the importer does not comply with import
requirements. Having a bond on file, allows an importer to take
possession of his merchandise before the payment of duties, taxes and
fees. Bonds can be obtained from a surety, which is an insurance
company that has been authorized by the Treasury Department to write
Customs bonds.
"A port director can require a formal entry for any importation if he
or she deems it necessary for the protection of the revenue or for
admissibility or enforcement issues.
"Goods admitted as informal entries do not require the posting of a
bond and goods are liquidated on the spot. After the importer receives
notification of the arrival of merchandise from the carrier and it is
determined that all shipping charges are satisfied an invoice is
presented to Customs. When an informal entry is being made, the
inspector, not the importer, is responsible for determining the
classification number of the goods being imported. The inspector also
completes the Customs forms used for informal entry."
U.S. Customs and Border Protection: U.S. Import Requirements: Formal
vs. Informal Entry
http://www.customs.ustreas.gov/linkhandler/cgov/toolbox/publications/trade/usimportrequirements.ctt/usimportrequirements.doc
Although importers great and small are treated equally by the law,
there are practical reasons why someone who imports infrequently or on
a modest scale may wish to engage the services of a specialized import
firm. Let me cite from a Business Week article that discusses, in
addition to some of the points raised above, the legal and financial
complications of importing.
"Besides routine procedures of entry, you should study in some detail
areas of the U.S. Customs Regulations and discuss them with your
custom house broker. A license must be obtained in advance to import
certain controlled substances. For example, in the case of distilled
spirits, wines, or malt beverages, a permit must be obtained from the
Department of the Treasury's Bureau of Alcohol, Tobacco and Firearms,
which is involved in other import licensing activities as well.
Products coming under the surveillance of the Food and Drug
Administration or the Department of Agriculture are among those that
have controls and limitations for import placed on them. This is also
true of certain chemicals, textiles, and consumer goods. The general
practice, often stated in the purchase agreement, is that the seller
will be responsible for all necessary export licenses and government
filings. Even so, you will be well-advised to do some research of your
own to be sure the exporter can, in fact, complete and ship the
proposed transaction.
"Now that you are in the buyer's role, don't forget all the clever
techniques your export customers practiced on you, the seller, to
obtain the best import terms. Also be sure to factor into your
anticipated selling price -- in addition to customs duties, import
clearance costs and fees -- other costs that did not concern you as an
exporter, such as distribution, transportation, warehousing, handling
and domestic marketing."
Business Week: "Caveat Importer: Pleading Ignorance About Tariff Rules
Cuts No Ice With U.S. Customs"
http://www.businessweek.com/smallbiz/news/coladvice/book/bk990129.htm
So you see that importing goods is not a simple business. The
pressures imposed by intricate legalities and logistical difficulties
mean that an import can be a more attractive proposition if it is
handled by experts. In sum, your client gourmet stores are legally
permitted to arrange their own imports, but they may find it
impractical or undesirable to do so.
If you feel that my answer is incomplete or inaccurate in any way, please
post a clarification request so that I have a chance to meet your needs
before you assign a rating.
Regards,
leapinglizard
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