Suppliers shall not use, distribute, transfer or transmit any Products, software or technical information (even if incorporated into other Products) provided to it by Company except in compliance with all applicable export laws and regulations. [The U.S. export laws and regulations include the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Office of Foreign Assets Control (OFAC) Regulations.] Supplier shall not, directly or indirectly, export or re-export the following items to any country, without the appropriate export authorization, as specified in the applicable export laws: (a) software or technical data disclosed or provided to Supplier by Company or Company’s Affiliates; or (b) the direct product of such software or technical data.
INVOICING FOR PRODUCTS OR COMMERCIALLY PURCHASED ITEMS
Supplier’s invoices for every international shipment of Product or Commercially Purchased items will include the following information for each item shipped: (a) a complete noun description (in English, unless otherwise specified); (b) the Country of Origin; (c) a product identification number; (d) the Price paid or payable by Company; (e) related Assists, if any; (f) an itemization of all charges for related services, if any, and whether these charges are included in the Price paid or payable; (g) Supplier’s identification number, or in the absence of such number, the full address of Supplier; (h) the terms of sale; and (j) if required by law of the destination country, a list of all serial numbers for products shipped.
PREFERENTIAL DUTY TREATMENT AND ORGIN
Supplier shall provide Company with a valid, accurate completed certificate of origin prior to the first shipment of product sufficient to be used by Company as proof of eligibility for any applicable duty preferential treatment programs. Supplier shall also cooperate with Company in the substantiation of preferential duty program claims, preparation of response to customs inquiries, or other treaty claims that arise out of product shipped for any Order. Supplier shall notify Company prior to making any pricing or sourcing changes for product that may affect the application of preferential duty treatment programs.
1.0 HUGHES® Import Control
Compliance with United States Customs laws governing the importation of merchandise is a priority for Hughes Network Systems, LLC (HUGHES).
As such, the management of Hughes directs all employees involved in purchasing and/or importing merchandise from those suppliers outside the United States to comply with such provisions at all times. In turn, Hughes' suppliers must be familiar with the relevant provisions of the law, regulations, rulings, tariff schedules, and decisions applicable to our import operations. Further, Hughes' suppliers must also be familiar and comply with all purchase order terms and conditions and notes contained thereon.
2.0 Commercial Documents Required from Supplier
A. Commercial Invoice includes the following:
- Seller name and address
- Supplier (manufacturer of goods) if different from the seller
- Delivery address
- Purchase Order number (one commercial invoice per P.O.)
- Invoice reference number
- QuantityNote: Quantity shipped must match the quantity being referenced, as well as being open and shippable in accordance with the most recent purchase order amendment, as issued to the supplier.
- Complete description of product (in English)
- Hughes part number(s) Note: Use supplier part number if no Hughes part number has been assigned.
- Country of origin (country of manufacture) Note: Provide a formal Certificate of Origin if a preferential agreement exists between the U.S. and the corresponding country of origin (i.e., NAFTA, GSP, etc.).
- Value of goods in U.S. dollars (both per unit and total) Note: The commercial invoice value must match the billing invoice value.
- Terms of Sale (Incoterms 2000)
B. Packing List includes the following:
- All information shown on commercial invoice (see above) except for value
- Gross and net weights
- Total number of cartons shipped
3.0 Marking/Country of Origin Requirements
- The country of origin must be marked as follows:
- On the immediate container (the innermost level of packaging)
- On the article itself (where physically possible)
- Conspicuous (can be easily seen with normal handling)
- Indelible (resists fading)
- In English
4.0 Notifying Party/U.S. Customs Broker
If Hughes is to act as the importer of record into the U.S., the following contact information must be provided to the corresponding freight forwarder:
NOTIFY EXPEDITORS INTERNATIONAL UPON ARRIVAL
5.0 Means of Enforcement
Noncompliance in any of the requirements above will result in Hughes rejecting and returning merchandise at the suppliers' expense, and thereby may result in the assessment of penalties as well as disqualification as an Hughes supplier.
6.0 Additional Resources
To answer any additional questions, reference the U.S. Customs Service website: www.cbp.gov, or contact the Hughes Import Compliance specialist: [email protected].