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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89698
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I want to start a import/export with package unit of tbacco.

Resolved Question:

I want to start a import/export with package unit of tbacco. My seller lived in India and the buyer will be in the USA various states/city. i will be responsible for over seeing the payments from the buyer, products being deliver on time, maintain communications, etc. I want to know the step by step process to get the license(s). Now here are my questions:

1 - Should I use the seller business's name as listed in India or use my own name?
2- Should the buyer/seller open bus. bank acct in US?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I cannot give you the detailed step by step process since there are several different processes and agencies involved in this matter and the details are complex and beyond the scope of this service. I can give you the general guidelines, which for tobacco products can be quite expensive because of tariffs from the federal government and then having to pay the individual state tobacco taxes in each state where you will sell the tobacco (which is why this is not so popular as it is cost prohibitive).

If that is sufficient, as well as answering questions 1 & 2 that you had, please let me know.
Customer: replied 1 year ago.

No, it is not sufficient to my questions nor did you answer Q 1 & 2. The seller wants an invitation leeter to take to the embassy to visit USA to get and meet his buyers and i will be getting 50% of the business.
Well can you recommed me a lawyer in charlotte, nc to obtain the paperworks to get the license?

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry you misunderstood my first response.

I was explaining to you before I provided anything what we can and cannot provide. I am willing to provide you information, but I was checking if the amount of information I am willing to provide is sufficient for you based on what I explained before I spend my time providing it. I wanted to know if general information on the process plus answering 1&2 for you would be sufficient?
Customer: replied 1 year ago.

oh ok, well i didnt have enough space to ask you 2 more questions:


i dont know what general information you will provide plus answering Q 1 and 2 will be sufficient for me. I am debating and it is tough choice for $40.00. I am hoping that you can provide more additional general information and not just answer to my questions, so i dont have to come back for a follow up.

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry Debra, I must step away and as a result I must opt out of this question and open it up to other experts to assist you. I do apologize for any inconvenience and delay.
Customer: replied 1 year ago.

I dont wany any other expert...I want you to handle this case.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your confidence in me.

In order to import tobacco products into the U.S. you must first obtain from the Alcohol and Tobacco Tax and Trade Bureau (TTB) a basic importer permit for tobacco products. The basic importer permit for tobacco or tobacco products enables you to import tobacco products for storage and resale to third parties (other than directly to consumers). See: TTB Tobacco Importer License.

 

In addition, the Family Smoking Prevention and Tobacco Control Act of 2009 (TCA) requires importers of tobacco products to comply with the manufacturer provisions under the TCA as if they were manufacturers. Therefore, there are premarket review requirements, reporting requirements, record keeping requirements, registration and tobacco product listing requirements and labeling requirements that apply to tobacco product importers. See: TCA Requirements.

 

 

As part of the importation requirements, the U. S. Customs and Border Protection (Customs) collects the federal excise tax as well as Customs duties and other fees imposed on imported tobacco products. Here are the Excise Taxes. In addition to the excise taxes, you would have to check with each state's department of revenue where you will be selling your product to determine state taxes due for their tobacco taxes.

 

1) If you are going to be operating in the US, unless the seller in India has some type of trademark name that has a ton of goodwill, you should form your own company under your own name as importer of the product. You can form your corporation in Nevada or Wyoming or Delaware on the secretary of state's website for those states since those states have the most favorable corporate laws for formation and no corporate income taxes or low taxes. You can be incorporated in one of those states without actually residing there and still distribute your product where you would like to distribute it in other states.

 

Once you form your corporation, you must get an EIN from the IRS at http://www.irs.gov and you would use that on all tax payments to anyone.

 

Once you have your corporation formed and your EIN then you can open your corporate bank account.

 

2) If you are operating in the US, then your corporation and not the seller's corporation should open the bank account in the US in your corporate name with your corporate EIN and your corporation files federal taxes and pays whatever federal (or state if due) taxes and tobacco taxes etc from that account.

 

 


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Customer: replied 1 year ago.
Well I be damn, you just confirmed what the seller said by providing the TTB link and you put a smile on my face. He wants to come to USA to establish n meet with business owners. Can I get a sample letter of invitation for the embassy? I do not know what to say and ont want to use the wrong choice of words.

Btw, I lived in charlotte, nc and you mentioned I can form a corporation in nevada, delaware or wyoming without residing there. Which one will be feasible to me?

Thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I here is a Sample Letter of invitation.

Right now, both Nevada and Wyoming are almost no difference. DE is a bit more complicated and requires an attorney in DE for formation. In either NV or WY you can use one of the many services out there to not only form the corporation, but provide a mailing address and forwarding service and registered agent service as well such as with companies like Northwest Registered Agent or WY LLC.
Customer: replied 1 year ago.

So you are saying a personal invitation letter is better than business letter for him to take into the embassy in India in order to get a visa?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If the purpose of coming to the country is business, then you would use a business letter. The sample letter was provided for you to see the format, but you can change the wording as necessary. The letter you send would have to be tailored to your specific purpose.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89698
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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