Tuesday, April 29, 2008

Import Export Business Questions & Answers Continued

Question:

I’m interested in the import-export training materials you have on
offer, but concerned about how applicable the material would be for
starting up an import-export business outside of the US. I’m South
African - do you think the material would be of the same value when
applied within SA? How about differences in the legal system, import /
export procedures, information sources, etc. Or are those things pretty
standard across the board?

Basically, do you think it will be of as much value to me as it would be
to a US startup? I don’t want to spend money on information that
doesn’t apply in SA. Please advise.

Answer:

We have sold a number of packages to new traders in South Africa. Yes, the
export training products have a USA slant but if you access the Internet, it
really doesn’t matter where you’re located. In fact, many of the resources I
recommend to U.S. traders can be accessed by non-U.S. traders as well.
The tactics or processes for exporting work in any country.

Normally I don’t recommend non-U.S. traders purchase the import package.

There is information that is useful but much of it has to do with U.S. Customs
and may not be applicable in your country.


Question:

How are you? I figure I email you instead of calling since you have such
a busy schedule. I like the import and export business tool kit very much
and I’m thinking in buying it. But I have one concern, all the import/export
books I have read previously did not discuss how to check if the products
you are importing is actually legal to sell it in the states because some
company might hold a patent on the product that you are importing. How

do you avoid running into situation where you are importing some
product and you think that no companies in the states hold a patent on
that particular product but later on a lawsuit is being file on you because
a company actually holds a patent on the product that you are importing
without you knowing.

Does the IMPORT AND EXPORT BUSINESS TOOL KIT talk about this?

Answer:

The short answer is no, it doesn’t. From what I can tell, most patent issues
with imports deal with pharmaceuticals. I haven’t had this come up before
except in the case of importers who buy items (ball caps in the case I know
about) that had unauthorized team logos and trademarks and legal action
followed. Actually, the goods were held in Amsterdam on the way to the U.S.

by customs people there due to illegal trademarks.


Question:

I am working a deal and I have a question if you wouldn’t mind answering?

I am having some laptops built to be shipped overseas.
the customer will wire me the money and I will then have the money sent
to the supplier to build the goods.


what documentation should I get?

I was thinking an RFQ from the supplier

I can then send a PO along with payment.

I want to make sure the transaction is documented properly so if anything
happens I have records.

Answer:

Do you know if your potential buyer is in agreement with this arrangement?
Is he willing to pay you in advance for product even though he has not done
business with you before? What kind of time delay is anticipated (for
production) and will the buyer agree to this?

I would suggest that what is probably more workable is a pro forma invoice
with payment made through a transferrable letter of credit (check with your
international bank on particulars). Conditions cited should meet the time
frame of the manufacturer to prepare and ship the computers.


Question:

I have a question related to export and hope you have answer for it.

I’m based in US, and interested in selling a US company’s product in China,
this company has a branch office in China, and they requires anyone who
wish to sell their product in China go through its Chinese branch office.

However due to the price difference between its products sold in US and
those in China, I would like to buy its product in US with the US wholesale
price and export/ship the product to China myself.

My question is that if this US company has the right not to sell me the
produce in US and force me to go through its Chinese branch office,
buy the product there in China with Chinese whole sale price. Is there
any regulation about this?

Answer:

Basically a company can sell their products to whomever or thru whomever
they choose - yes, that is their right.

You would potentially be setting yourself up for a lawsuit by this company if
they discovered what you are doing and in reality you could be jeopardizing
your Chinese counterpart with regards to their legal problems with the US
company’s Chinese authorized distributor.

Bottom line (I know this is not what you wanted to hear), but I would not try
to circumvent a company with regards to their approved lines of distribution,
you are really asking for trouble and legal problems if you attempt to do so.

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