Importing, but not really importing, question
We buy Palm oil by the trailer load, about every other month. All Palm, at least what we purchase, is farmed overseas. The particular one we get is from Indonesia.
So, the US office is in New Jersey, I have only ever dealt with the US office, I have never taken in a load that didn't come directly from them.
Is this considered an imported item, that I would need to declare, or because it's coming from a distributor, it's considered their issue to worry about, and I am buying from an American Source? Albeit, they don't produce anything in the US.
Are they the 'importer of record,' hopefully?
Yes, I have all correct paperwork stating where it's coming from, and when. They are simply the US based office of the manufacturer
We do this a lot with seafood and broker companies. If they are listed as the importer of record, you are not the importer. If you are purchasing from NJ then it should not be an import.
I seems like they already imported it, and you're just buying it from a storage facility in NJ.
Short answer: ask for a signed statement from the supplier that they are acting as the FSVP importer.
Importer of record for CBP purposes is different from FSVP importer in the eyes of the FDA, and they are not the same things. Is the NJ "office" just a business office or are they an actual distribution center? One requirement to be a FSVP importer is they must be based in the US, which is met if your supplier has the US office, but they must be willing to be the FSVP importer and perform the required tasks. Now, if they're importing it and warehousing it before distributing to you, that's pretty clear cut and dry.
However, if they're importing it specifically to fulfill your PO/order, and especially if they're importing as a direct shipment to you, that means you are likely the "US owner or consignee" with a vested interest (you either own the food, purchased the food, or have agreed in writing to purchase the food). If your importer of record fails to fulfill the FSVP requirements, FDA will come to you has a consignee. This happens a lot with brokers, who will fill out the CBP paperwork as importer of record listing you as a consignee, but will shrug their shoulders when asked about the FSVP requirements.
NJ is "head office", but they have multiple DCs in the US that actually house the product prior to delivery. So, I think I'm good with the paperwork I have, just wanted to be 100%