When Cascade ships its products, it must abide by the e-Stewards Standard for Responsible Recycling and all applicable laws. Cascade only sells tested and working equipment and describes the condition of all products to buyers during the resale process. All products are sold with a 45 day warranty. Details on Cascade’s Resale Terms & Conditions are available for download. Our goal is to provide quality service and products that consistently meet the needs of our buyers to encourage repeat purchases and continual satisfaction.
We understand that some of our products will be sold to international destinations, either directly by Cascade, through a broker, or through other resale channels. When coordinating international shipments, it is important that everyone involved in the purchase and the delivery of the product understands their roles to facilitate the efficient and legal handling of the product.
The following information represents Cascade’s policy related to how direct and indirect exports of Cascade product should be managed with our buyers.
- If Cascade sells to a domestic buyer and no international declaration or bill of lading is required . . . Cascade will complete a standard Resale Invoice and clearly identify the “bill to” and “ship to” address for the product transaction. The buyer is expected to reuse the product domestically. If Cascade sells equipment to a broker who may resell the equipment without retesting it, then Cascade requires the broker to provide evidence (such as letters of acknowledged receipt from the final end users or pictures of the retail stores reselling the equipment) to demonstrate the equipment is being reused appropriately.
- If Cascade sells to an international buyer, the buyer must be listed as the “Exporter of Record” . . . Cascade will list the buyer’s international “ship to” address on our Resale Invoice and can direct-load overseas shipping containers or other vehicles with the resold product. Cascade is referred to as the “U.S. Principal Party in Interest” (“USPPI”) in these transactions.
These types of exports are called "routed export transactions," and are different from standard ones in that the "Foreign Principal Party in Interest" (i.e., foreign buyer) is the exporter of record and authorizes a U.S. forwarding agent to facilitate the export and prepare and file the electronic export information ("EEI"). The forwarding agent must classify the exports as "routed" when filing the paperwork.
The foreign company buying the goods will be recognized as the exporter of record (aka the "foreign principal party in interest" or "FPPI"), as long as: 1) the foreign company accepts responsibility for export clearance as evidenced by the terms of sale or contract with Cascade; and 2) the foreign company authorizes (in writing) a forwarding agent to facilitate the export.
While Cascade (referred to as the "U.S. Principal Party in Interest" or "USPPI" for standard and routed transactions) is not listed as the exporter of record for routed export transactions, it still bears some legal responsibility for these exports.
Cascade's responsibilities in a routed export transaction
Cascade's legal responsibilities for routed exports include the following:
- Maintaining documentation to support the information provided to the forwarding agent for preparing the EEI.
- Providing the forwarding agent with the following information to assist in preparing the EEI:
- Name, address, IRS or EIN number of the U.S. principal party in interest;
- Point of origin of shipment (State or FTZ);
- Schedule B description of commodities;
- Origin of merchandise -- Domestic (D), foreign (F), or FMS (M) code;
- Schedule B or HTSUS Number;
- Quantity/unit of measure;
- FTR Export Value;
- Upon request from the foreign principal party in interest or its agent, the Export Control Classification Number ("ECCN") or sufficient technical information to determine the ECCN; and
- Any information that it knows will affect the determination of license authority.
- Note that where the foreign principal party in interest has assumed responsibility for determining and obtaining license authority, the Export Administration Regulations ("EAR") sets forth the information sharing requirements that apply at 15 CFR 758.3(c) of the EAR.
- Cascade is not required to provide the forwarding agent with a power of attorney or written authorization as that is provided by the foreign buyer.
Forwarding agent's responsibilities in a routed export transaction
In a routed export transaction, the forwarding agent is responsible for:
- Obtaining a power of attorney or written authorization from the foreign principal party in interest to prepare and file the EEI on its behalf.
- Preparing and filing the EEI based on information obtained from the USPPI or other parties involved in the transaction.
- Maintaining documentation to support the information reported on the EEI, and upon request by the USPPI, provide appropriate documentation to the USPPI verifying that the information provided by the USPPI was accurately reported on the EEI.
- Providing the following export information on the EEI:
- Date of exportation;
- Bill of lading/air waybill number;
- Ultimate consignee;
- Intermediate consignee;
- Forwarding or other agent name and address;
- Country of ultimate destination;
- Loading pier;
- Method of transportation;
- Exporting carrier;
- Port of export;
- Port of unloading;
- License Authority.
Prior to shipment of goods to an international destination, Cascade must receive assurances that all paperwork is completed properly and that goods are exported in compliance with US and applicable international law (see the US Department of Commerce web site at: http://www.bis.doc.gov/exportlicensingqanda.htm).
Routed Exports Under the FTR
The U.S. Census Bureau interprets the definition of a routed export transaction in the FTR as when the FPPI controls the movement of goods out of the U.S.—in other words, the focus is on who controls the movement of the goods and the Census Bureau is not all that concerned with who files the EEI (so, the second provision contained in the definition of a routed export under the FTR effectively does not matter). Note that under the FTR, the EEI is filed for purposes of keeping track of U.S. trade statistics.
Under the FTR’s definition of a routed export, the USPPI must provide the FPPI and its agent upon request with the correct ECCN (or sufficient information to determine the ECCN) for the products at issue. It looks like the company’s website indicates that it will provide the ECCN to the FPPI upon request.
Routed Exports Under the EAR
The EAR’s definition of routed export, per 15 CFR 758.3, is slightly different than the FTRs since the EAR is concerned with export licensing (and not the collection of trade statistics). Unless the FPPI (or its U.S. agent via a power of attorney) expressly assumes responsibility for determining export licensing requirements and obtaining an export license, BIS does not view the export transaction as routed. In a routed export under the EAR, the FPPI must expressly assume responsibility for the export licensing process, and the USPPI must provide the FPPI and its agent with the correct ECCN (or sufficient information to determine the ECCN).
For additional questions, contact our Resale Team Customer Service at 608-316-6728 or firstname.lastname@example.org
Last updated: 6/13/2018