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Export import procedures and documentation 4th Edition Thomas E. Johnson
Export import procedures and documentation 4th Edition
Thomas E. Johnson Digital Instant Download
Author(s): Thomas E. Johnson
ISBN(s): 9780814407349, 081440734X
Edition: 4th
File Details: PDF, 15.90 MB
Year: 2002
Language: english
Export import procedures and documentation 4th Edition Thomas E. Johnson
EXPORT/IMPORT
PROCEDURES
AND
DOCUMENTATION
FOURTH EDITION
This Page Intentionally Left Blank
EXPORT/IMPORT
PROCEDURES
AND
DOCUMENTATION
FOURTH EDITION
THOMAS E. JOHNSON
American Management Association
New York • Atlanta • Brussels • Buenos Aires • Chicago • London • Mexico City
San Francisco • Shanghai • Tokyo • Toronto • Washington, D.C.
Special discounts on bulk quantities of AMACOM books are
available to corporations, professional associations, and other
organizations. For details, contact Special Sales Department,
AMACOM, a division of American Management Association,
1601 Broadway, New York, NY 10019.
Tel.: 212-903-8316. Fax: 212-903-8083.
Web site: www.amacombooks.org
This publication is designed to provide accurate and authoritative
information in regard to the subject matter covered. It is sold with
the understanding that the publisher is not engaged in rendering
legal, accounting, or other professional service. If legal advice or
other expert assistance is required, the services of a competent
professional person should be sought.
Library of Congress Cataloging-in-Publication Data
Johnson, Thomas E., 1948–
Export/import procedures and documentation / Thomas E.
Johnson. — 4th ed.
p. cm.
Includes index.
ISBN 0-8144-0734-X (hardbound)
1. Export marketing—United States. 2. Exports—United
States—Forms. 3. Imports—United States—Forms. 4. Foreign
trade regulation. 5. International trade. I. Title.
HF1416.5.J64 2002
658.8⬘48—dc21 2002023610
䉷 2002 Fourth Edition by Thomas E. Johnson. Previous editions
䉷 1997, 1994, 1991 AMACOM, a division of American
Management Association.
All rights reserved.
Printed in the United States of America.
This publication may not be reproduced, stored in a retrieval
system, or transmitted in whole or in part, in any form or by any
means, electronic, mechanical, photocopying, recording, or
otherwise, without the written permission of AMACOM, a division
of American Management Association, 1601 Broadway, New York,
NY 10019.
Printing number
10 9 8 7 6 5 4 3 2 1
Contents
List of Figures xiii
Foreword by Eugene J. Schreiber xvii
Preface xix
Acknowledgments xxi
Part I
Organizing for Export and Import Operations 1
Chapter 1. Organizing for Export and Import Operations 3
A. Export Department 3
B. Import Department 4
C. Combined Export and Import Departments 4
D. Manuals of Procedures and Documentation 8
E. Record-Keeping Compliance 9
F. Software 13
G. Federal, State, International, and Foreign Law 14
Part II
Exporting: Procedures and Documentation 15
Chapter 2. Exporting: Preliminary Considerations 17
A. Products 17
B. Volume 18
C. Country Market and Product Competitiveness Research 18
D. Identification of Customers: End Users, Distributors, and Sales Agents 18
E. Compliance With Foreign Law 19
1. Industry Standards 20
2. Foreign Customs Laws 20
3. Government Contracting 21
4. Buy American Equivalent Laws 21
5. Exchange Controls and Import Licenses 22
v
Contents
6. Value-Added Taxes 22
7. Specialized Laws 22
F. Export Controls and Licenses 22
G. Patent, Trademark, and Copyright Registrations and Infringements 23
H. Confidentiality and Non-Disclosures Agreements 23
I. Antiboycott Compliance 24
J. Employee Sales Visits to Foreign Countries—Immigration and Customs
Compliance 24
K. Utilization of Freight Forwarders and Foreign Customs Brokers 28
L. Export Packing and Labeling (Hazardous Materials) 30
M. Terms of Sale 32
N. Consignments 36
O. Leases 36
P. Marine and Air Casualty Insurance 37
Q. Methods of Transportation; Booking Transportation 38
R. Country of Origin Marking 45
S. Foreign Warehousing and Free Trade Zones 45
T. Export Financing and Payment Insurance 45
U. Tax Incentives 46
V. Export Trading Companies, Export Trade Certificates of Review, and Export
Management Companies 46
W. Translation 57
X. Foreign Branch Operations, Subsidiaries, Joint Ventures, and Licensing 57
Y. Electronic Commerce 57
Chapter 3. Exporting: Sales Documentation 60
A. Isolated Sales Transactions 60
1. Importance of Written Agreements 60
2. Telex or Facsimile Orders 61
3. The Formation of Sales Agreements 61
4. Common Forms for the Formation of Sales Agreements 63
a. Price Lists 63
b. Requests for Quotations 63
c. Quotations and Costing Sheets 65
d. Purchase Orders 65
e. Purchase Order Acknowledgments, Acceptances, and Sales
Confirmations 70
f. Pro Forma Invoices 73
g. Commercial Invoices 81
h. Conflicting Provisions in Seller and Buyer Sales Documentation 81
i. Side Agreements 84
B. Ongoing Sales Transactions 84
1. Correlation With Documentation for Isolated Sales Transactions 85
2. Important Provisions in International Sales Agreements 86
a. Selling and Purchasing Entities 86
b. Quantity 87
vi
Contents
c. Pricing 87
d. Currency Fluctuations 90
e. Payment Methods 90
f. Export Financing 92
g. Security Interest 95
h. Passage of Title, Delivery, and Risk of Loss 95
i. Warranties and Product Defects 95
j. Preshipment Inspections 96
k. Export Licenses 97
l. Import Licenses and Foreign Government Filings 97
m. Governing Law 97
n. Dispute Resolution 99
o. Termination 101
C. Export Distributor and Sales Agent Agreements 101
1. Distinction Between Distributor and Sales Agent 101
2. Export Distributor Agreements 103
a. Territory and Exclusivity 103
b. Pricing 106
c. Minimum Purchase Quantities 107
d. Handling Competing Products 107
e. Effective Date and Government Review 107
f. Appointment of Subdistributors 107
g. Use of Trade Names, Trademarks, and Copyrights 108
h. Warranties and Product Liability 108
3. Export Sales Agent Agreements 109
a. Commissions 109
b. Pricing 109
c. Shipment 112
d. Warranties 112
e. Relationship of the Parties 112
D. Foreign Corrupt Practices Act Compliance 112
Chapter 4. Exporting: Other Export Documentation 114
A. Freight Forwarder’s Powers of Attorney 114
B. Shipper’s Letters of Instructions 114
C. Commercial Invoices 116
D. Bills of Lading 118
E. Packing Lists 120
F. Inspection Certificates 120
G. Marine and Air Casualty Insurance Policies and Certificates 120
H. Dock and Warehouse Receipts 133
I. Consular Invoices 133
J. Certificates of Origin 133
K. Certificates of Free Sale 162
L. Delivery Instructions and Delivery Orders 162
M. Special Customs Invoices 162
vii
Contents
N. Shipper’s Declarations for Dangerous Goods 169
O. Precursor and Essential Chemical Exports 169
P. Animal, Plant, and Food Export Certificates 169
Q. Drafts for Payment 175
R. Letters of Credit 175
S. Shipper’s Export Declarations 181
T. Freight Forwarder’s Invoices 195
Chapter 5. Export Controls and Licenses 197
A. Introduction 197
B. Scope of the EAR 198
C. Commerce Control List 198
D. Export Destinations 203
E. Customers, End Users, and End Uses 210
F. Ten General Prohibitions 210
G. License Exemptions and Exceptions 212
H. License Applications and Procedures 213
1. Documentation From Buyer 213
2. License Application Form 215
3. Procedures 223
I. Re-Exports 223
J. Export Documentation and Record-Keeping 223
K. Special Comprehensive Licenses 225
L. Technology, Software, and Technical Assistance Exports 230
M. Violations and Penalties 232
N. Munitions and Arms Exports 232
Part III
Importing: Procedures and Documentation 237
Chapter 6. Importing: Preliminary Considerations 239
A. Products 239
B. Volume 240
C. Country Sourcing 240
D. Identification of Suppliers 241
E. Compliance With Foreign Law 242
1. Foreign Export Controls 242
2. Exchange Control Licenses 242
3. Export Quotas 243
F. U.S. Customs Considerations 243
1. Utilization of Customs Brokers 243
2. Importation Bonds 244
3. Importer’s Liability and Reasonable Care 250
4. Application for Importer’s Number 250
5. Ports of Entry 250
6. Import Quotas 254
viii
Contents
7. Antidumping, Countervailing, and Other Special Duties 255
8. Classification 256
9. Valuation 256
10. Duty-Free and Reduced Duty Programs 257
11. Column 2 Imports 258
12. Deferred Duty Programs (Bonded Warehousing and Foreign Trade
Zones) 258
13. Temporary Importations 259
14. Country of Origin 260
15. Assists 260
16. Specialized Products 262
17. Record-Keeping Requirements 262
18. Customs Rulings 262
G. Import Packing and Labeling 262
H. U.S. Commercial Considerations 263
1. Prevailing Market Price 263
2. Buy American Policies 264
3. U.S. Industry Standards 264
I. Terms of Purchase 264
J. Consignments 266
K. Leases 267
L. Marine and Air Casualty Insurance 267
M. Method of Transportation; Booking Transportation 268
N. Import Financing 268
O. Patent, Trademark, and Copyright Registrations and Infringements 268
P. Confidentiality and Non-Disclosure Agreements 269
Q. Payment 269
R. Translation 270
S. Foreign Branch Operations, Subsidiaries, Joint Ventures, and Licensing 270
T. Electronic Commerce 276
Chapter 7. Importing: Purchase Documentation 280
A. Isolated Purchase Transactions 280
1. Importance of Written Agreements 280
2. Telex or Facsimile Orders 281
3. The Formation of Purchase Agreements 281
4. Common Forms for the Formation of Purchase Agreements 282
a. Price Lists 283
b. Requests for Quotations and Offers to Purchase 283
c. Quotations 283
d. Purchase Orders 284
e. Purchase Order Acknowledgments, Acceptances, and Sales
Confirmations 284
f. Commercial Invoices 285
g. Conflicting Provisions in Seller and Buyer Sales Documentation 285
h. Side Agreements 286
ix
Contents
B. Ongoing Purchase Transactions 286
1. Correlation With Documentation for Isolated Purchase Transactions 287
2. Important Provisions in International Purchase Agreements 288
a. Purchasing and Selling Entities 288
b. Quantity 288
c. Pricing 289
d. Currency Fluctuations 291
e. Payment Methods 292
f. Import Financing 294
g. Security Interest 294
h. Passage of Title, Delivery, and Risk of Loss 294
i. Warranties and Product Defects 295
j. Preshipment Inspections 295
k. Export Licenses 296
l. Governing Law 296
m. Dispute Resolution 298
n. Termination 299
C. Import Distributor and Sales Agent Agreements 299
1. Distinction Between Distributor and Sales Agent 300
2. Import Distributor Agreements 300
a. Territory and Exclusivity 300
b. Pricing 301
c. Minimum Purchase Quantities 301
d. Handling Competing Products 301
e. Appointment of Subdistributors 302
f. Use of Trade Names, Trademarks, and Copyrights 302
g. Warranties and Product Liability 302
3. Import Sales Agent Agreements 303
a. Commissions 303
b. Pricing 303
c. Shipment 303
Chapter 8. Import Process and Documentation 305
A. Bills of Lading 305
B. Commercial Invoices 307
C. Pro Forma Invoices 307
D. Packing Lists 307
E. Inspection Certificates 309
F. Drafts for Payment 309
G. Arrival Notices 309
H. Pick-Up and Delivery Orders 309
I. Entry/Immediate Delivery 311
J. Entry Summary 311
K. Other Entries 317
L. Reconciliation 322
x
Contents
M. GSP, CBI, ATPA, AGOA—Special Programs 322
N. NAFTA Certificate of Origin 322
O. Specialized Products Customs Entry Forms 324
P. Examination and Detention 324
Q. Liquidation Notices 334
R. Notices of Redelivery 334
S. Requests for Reliquidation 334
T. Requests for Information 339
U. Notices of Action 339
V. Protests, Supplemental Information Letters, and Post-Entry Amendments 339
W. Administrative Summons 345
X. Search Warrants 345
Y. Grand Jury Subpoenas 350
Z. Seizure Notices 350
AA. Prepenalty Notices 353
BB. Penalty Notices 353
CC. Customs Audits 353
DD. Prior Disclosure 362
EE. Court of International Trade 365
FF. Appeals 365
GG. Offers of Compromise 365
HH. ITC and Commerce Questionnaires 372
Part IV
Specialized Exporting and Importing 373
Chapter 9. Specialized Exporting and Importing 375
A. Drawback 375
B. Foreign Processing and Assembly Operations 382
C. Plant Construction Contracts 385
D. Barter and Countertrade Transactions 387
Appendices 389
Appendix A. Government Agencies and Export Assistance 391
Appendix B. International Sales Agreement (Export) 409
Appendix C. Correct Way to Complete the Shipper’s Export Declaration 417
Appendix D. Automated Export System (AES) and AES Direct 437
Appendix E. U.S. Customs Reasonable Care Checklists 455
Appendix F. Harmonized Tariff Schedules (Excerpts) 465
Appendix G. International Purchase Agreement (Import) 483
Appendix H. Rules for Completing an Entry Summary 491
Appendix I. Rules for Constructing Manufacturer/Shipper Identification Code 525
Appendix J. Customs Audit Questionnaires 533
xi
Contents
Appendix K. List of Export/Import-Related Web Sites 541
Glossary of International Trade Terms 547
Index 571
About the Author 583
xii
List of Figures
1–1. Export organization chart. 5
1–2. Export order processing—quotation. 6
1–3. Export order processing—order entry. 7
1–4. Export order processing—shipment. 8
1–5. Export order processing—collection. 9
1–6. Interrelationships with outside service providers. 10
1–7. Export manual table of contents. 11
1–8. Import manual table of contents. 12
2–1. Report of request for restrictive trade practice or boycott—single
transaction. 25
2–2. Report of request for restrictive trade practice or boycott—multiple
transactions (and continuation sheet). 26
2–3. Application for carnet. 29
2–4. Examples of Incoterm usage. 33
2–5. Diagram of the Incoterms. 34
2–6. Ocean marine insurance coverage. 39
2–7. Sample steamship tariff. 40
2–8. Booking confirmation. 44
2–9. Application for Export-Import Bank insurance. 47
2–10. Application for export trade certificate of review. 50
2–11. Export trade certificate of review. 54
3–1. Formation of sales agreements. 62
3–2. Quotation request. 64
3–3. Export quotation worksheet. 66
3–4. Quotation. 67
3–5. Quotation. 68
3–6. Quotation. 71
3–7. Purchase order. 74
3–8. Purchase order. 75
3–9. Purchase order acceptance. 77
3–10. Pro forma invoice. 82
3–11. Commercial invoice. 83
3–12. International credit terms/payment methods. 93
3–13. Legal comparison of distributors and agents. 102
xiii
List of Figures
3–14. Financial comparison of using distributors and sales agents. 103
3–15. Foreign distributorship appointment checklist. 104
3–16. Foreign sales representative appointment checklist. 110
4–1. Power of attorney. 115
4–2. Shipper’s letter of instructions. 117
4–3. Contents of a commercial invoice. 118
4–4. Inland bill of lading. 121
4–5. Ocean bill of lading. 124
4–6. International air waybill. 126
4–7. ‘‘House’’ air waybill. 128
4–8. Packing list. 130
4–9. Preshipment inspection worksheet. 131
4–10. Preshipment inspection certificate. 132
4–11. Marine insurance policy. 134
4–12. Marine insurance certificate. 153
4–13. Standard form for presentation of loss or damage claim. 155
4–14. Request for information for insurance claim. 157
4–15. Dock receipt. 158
4–16. Consular invoice. 160
4–17. Certificate of origin. 161
4–18. NAFTA certificate of origin and instructions. 163
4–19. Certificate of free sale. 165
4–20. Delivery instructions. 166
4–21. Delivery order. 167
4–22. Special customs invoice (Canada). 168
4–23. Shipper’s declaration for dangerous goods. 170
4–24. Shipper’s certification of articles not restricted. 171
4–25. DEA import/export declaration. 172
4–26. Export certificate—animal products. 174
4–27. Meat and poultry export certificate. 176
4–28. Instructions for documentary collection. 177
4–29. Sight draft. 178
4–30. Time draft. 178
4–31. Letter of credit instructions. 179
4–32. Common discrepancies in letters of credit. 181
4–33. Checklist for a letter of credit beneficiary. 182
4–34. Letter of indemnity. 186
4–35. Advice of irrevocable letter of credit (confirmed). 187
4–36. Advice of irrevocable letter of credit (unconfirmed). 188
4–37. Letter of credit. 189
4–38. SWIFT letter of credit codes. 191
4–39. Shipper’s export declaration. 192
4–40. Shipper’s export declaration (in-transit). 193
4–41. Freight forwarder’s invoice. 196
5–1. Sample pages from the Commerce Control List (ECCN 2B001). 201
5–2. Country group A. 204
xiv
List of Figures
5–3. Country group B. 205
5–4. Country group D. 206
5–5. Country group E. 208
5–6. Excerpts from Commerce Country Chart. 209
5–7. Red flags. 211
5–8. Decision tree for exporters. 214
5–9. Import certificate (U.S.). 216
5–10. Statement by ultimate consignee and purchaser. 217
5–11. Multipurpose application. 218
5–12. Item appendix. 221
5–13. End user appendix. 222
5–14. Sample export license. 224
5–15. Delivery verification certificate. 226
5–16. Statement by consignee in support of special comprehensive license. 228
5–17. Reexport territories. 229
5–18. Customs export enforcement subpoena. 233
6–1. Power of attorney for customs broker. 245
6–2. Importer’s letter of instruction. 246
6–3. Application for customs bond. 247
6–4. Customs bond. 248
6–5. Owner’s declaration. 251
6–6. Application for importer’s number and instructions. 252
6–7. Exportation of articles under special bond. 261
6–8. Application for letter of credit. 271
6–9. Applicant’s checklist for letter of credit. 275
6–10. Instructions by importer’s bank to correspondent bank in seller’s
country regarding opening of letter of credit. 277
8–1. Import process. 306
8–2. Pro forma invoice. 308
8–3. Arrival notice. 310
8–4. Pick-up order. 312
8–5. Entry/Immediate Delivery form. 313
8–6. Order for public sale. 314
8–7. Entry summary and continuation sheet. 315
8–8. Transportation entry. 318
8–9. Application for foreign trade zone admission. 320
8–10. Application for foreign trade zone activity permit. 321
8–11. GSP declaration. 323
8–12. FDA Form 2877. 325
8–13. FCC Form 740. 327
8–14. U.S. Department of Agriculture Form 368 Notice of Arrival. 329
8–15. U.S. Fish and Wildlife Service Form 3-177. 330
8–16. Textile declaration form—single country. 331
8–17. Textile declaration form—multiple countries. 332
8–18. Notice of detention. 333
8–19. Bulletin notice of liquidation. 335
xv
List of Figures
8–20. Courtesy notice of liquidation. 336
8–21. Notice of redelivery. 337
8–22. Request for information. 340
8–23. Notice of action. 342
8–24. Protest and instructions. 343
8–25. Administrative summons. 346
8–26. Summons notice to importer of record. 347
8–27. Affidavit. 348
8–28. Search warrant. 349
8–29. Grand jury subpoena. 351
8–30. Notice of seizure. 354
8–31. Consent to forfeiture. 359
8–32. Petition for remission or mitigation. 360
8–33. Prepenalty notice. 361
8–34. Notice of penalty. 363
8–35. Court of International Trade summons. 366
8–36. Information statement. 369
8–37. Transmittal to the Court of International Trade. 371
9–1. Drawback entry. 377
9–2. Delivery certificate. 379
9–3. Notice of intent to export. 381
9–4. Declaration by foreign shipper and importer’s endorsement. 383
9–5. Foreign repairer’s declaration and importer’s endorsement. 384
9–6. Foreign assembler’s declaration. 386
xvi
Foreword
Engaging in international trade is a never-ending challenge for a host of reasons:
political turmoil in one or another country, protectionist regulations, market uncer-
tainties, exchange rate fluctuations, trade organization edicts, compliance require-
ments, payment problems, shipping delays, cultural differences, and an awful lot of
changing procedures and documentation to contend with in every country, including
our own. While there is a favorable trend toward harmonization, we’re not there yet.
As most experienced international traders will confirm, however, the rewards
overall are well worth the risks and the difficulties. The United States’ volume of
international trade now exceeds $2.5 trillion a year in total exports and imports of
goods and services.
While the economic competition in the global marketplace is greater than ever, so
are the potential benefits. Practical knowledge, training, and persistence by the mem-
bers of America’s business community are vital to our future success in the interna-
tional arena. We need to maintain our efforts to produce high-quality products and
services and to market them aggressively and competitively abroad.
At the same time, U.S. companies more than ever recognize that to be globally
competitive in their exports, they also have to look to other countries for needed raw
materials, components, and final products and compare them with those that are pro-
duced in this country. That is what the global economy is all about—breaking down
international barriers and encouraging the free flow of goods, services, technology, and
capital.
It is essentially for these reasons that Tom Johnson originally decided to write this
book. It has been my pleasure to have worked with Tom around the country for many
years conducting training seminars and counseling companies on international trade.
We are continually heartened by the ever-expanding interest we see expressed by com-
panies in exporting and importing.
The special value of this book is that it takes a myriad of increasingly complex
foreign trade rules, regulations, procedures, and practices and integrates them into a
useful ‘‘how-to’’ volume explaining the export and import process in great detail.
While the book covers all the basic export/import procedures and documentation,
experienced foreign traders also are likely to find many new nuggets of practical, cost-
saving information and advice. The learning process never stops. Tom and I meet many
exporters and importers each year who are motivated to attend seminars and work-
shops because of problems that suddenly surfaced in their trading operations: a ship-
xvii
Foreword
ment delayed, a payment not promptly made, or a penalty imposed because of
incorrect documentation. To their chagrin, these exporters and importers quickly dis-
cover that they were not as knowledgeable or up-to-date as they thought. Advance
preparation and planning invariably would have prevented these problems.
Export/Import Procedures and Documentation serves as a valuable guide to inter-
national trade operations and contains a sample of virtually every relevant document
used in foreign trade. Equally important, the reasons for government-imposed docu-
mentary and procedural requirements are clearly explained.
As in most endeavors, the basic ingredients of enthusiasm, interest, and hard work
are important to achieving success in exporting and importing, but they alone are not
sufficient. The critical additional factors needed are technical knowledge and training,
which will lead to success for those who carefully apply what they learn. This all-
encompassing book makes that learning process orderly and understandable.
We hope you enjoy competing in the global market and achieving all the rewards
it can offer you and your business.
Eugene J. Schreiber
Managing Director
World Trade Center of New Orleans
xviii
Preface
For the past twenty years, I have been teaching American Management Associa-
tion seminars on international business. About thirteen years ago, I began teaching a
course entitled Export/Import Procedures and Documentation. There has been a very
strong interest in this seminar and excellent attendance wherever it has been given in
various cities throughout the United States.
Since the last edition of this book, we have experienced the Asian economic crisis
and a strong U.S. dollar. This has made exporting more difficult but has increased the
opportunities for U.S. importers. Lower prices for imported raw materials and finished
goods have helped the U.S. economy, but increased imports have spawned dumping
cases and import restraints.
We have also experienced recession exacerbated by the September 11, 2001 trage-
dies in New York and Washington, D.C. While these are having a temporary dampening
effect on world trade, more recently the countries of the world approved a new round
of World Trade Organization negotiations. This will further stimulate trade.
As an attorney who has concentrated on international business transactions for
many years, I have seen firsthand the increasing globalization of markets and interna-
tional competition. Those U.S. companies that do not export, establish name recogni-
tion in other markets, import to reduce costs, and learn to compete on a global basis
cannot survive long. My years living in Japan also convinced me that greater familiar-
ity with international trade is essential for U.S. businesses to compete on a worldwide
basis.
This book focuses on the procedures for exporting and importing and the relevant
documentation. Although the procedures and documents generally arise from legal
requirements in the United States or foreign countries, I have tried to present the infor-
mation in a practical, non-technical manner. This book may be of help to freight for-
warders, customs brokers, transportation carriers, and others, but it is primarily
intended for manufacturers who are exporting their own products or importing raw
materials or components or for importers of finished goods. Since readers of this book
will have varying levels of expertise, I have tried to discuss the subject at an intermedi-
ate level. Hopefully, this book will be not only a useful training tool for beginners but
also a reference work for more experienced exporters and importers as new situations
arise.
This book tries to answer the questions: What procedures should be followed,
and what documentation is utilized in exporting and importing? It is often said that
xix
Discovering Diverse Content Through
Random Scribd Documents
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Neither had foreseen such a consequence. She had meant to
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uncertainty, but it had passed out of her reach at its appropriate
hour. Unlike the green bird or the hairy animal, she was labelled
now. She felt humiliated again, for she deprecated labels, and she
felt too that there should have been another scene between her
lover and herself at this point, something dramatic and lengthy. He
was pleased instead of distressed, he was surprised, but he had
really nothing to say. What indeed is there to say? To be or not to be
married, that was the question, and they had decided it in the
affirmative.
“Come along and let’s tell the mater all this”—opening the
perforated zinc door that protected the bungalow from the swarms
of winged creatures. The noise woke the mater up. She had been
dreaming of the absent children who were so seldom mentioned,
Ralph and Stella, and did not at first grasp what was required of her.
She too had become used to thoughtful procrastination, and felt
alarmed when it came to an end.
When the announcement was over, he made a gracious and
honest remark. “Look here, both of you, see India if you like and as
you like—I know I made myself rather ridiculous at Fielding’s, but . .
. it’s different now. I wasn’t quite sure of myself.”
“My duties here are evidently finished, I don’t want to see India
now; now for my passage back,” was Mrs. Moore’s thought. She
reminded herself of all that a happy marriage means, and of her
own happy marriages, one of which had produced Ronny. Adela’s
parents had also been happily married, and excellent it was to see
the incident repeated by the younger generation. On and on! the
number of such unions would certainly increase as education spread
and ideals grew loftier, and characters firmer. But she was tired by
her visit to Government College, her feet ached, Mr. Fielding had
walked too fast and far, the young people had annoyed her in the
tum-tum, and given her to suppose they were breaking with each
other, and though it was all right now she could not speak as
enthusiastically of wedlock or of anything as she should have done.
Ronny was suited, now she must go home and help the others, if
they wished. She was past marrying herself, even unhappily; her
function was to help others, her reward to be informed that she was
sympathetic. Elderly ladies must not expect more than this.
They dined alone. There was much pleasant and affectionate talk
about the future. Later on they spoke of passing events, and Ronny
reviewed and recounted the day from his own point of view. It was a
different day from the women’s, because while they had enjoyed
themselves or thought, he had worked. Mohurram was approaching,
and as usual the Chandrapore Mohammedans were building paper
towers of a size too large to pass under the branches of a certain
pepul tree. One knew what happened next; the tower stuck, a
Mohammedan climbed up the pepul and cut the branch off, the
Hindus protested, there was a religious riot, and Heaven knew what,
with perhaps the troops sent for. There had been deputations and
conciliation committees under the auspices of Turton, and all the
normal work of Chandrapore had been hung up. Should the
procession take another route, or should the towers be shorter? The
Mohammedans offered the former, the Hindus insisted on the latter.
The Collector had favoured the Hindus, until he suspected that they
had artificially bent the tree nearer the ground. They said it sagged
naturally. Measurements, plans, an official visit to the spot. But
Ronny had not disliked his day, for it proved that the British were
necessary to India; there would certainly have been bloodshed
without them. His voice grew complacent again; he was here not to
be pleasant but to keep the peace, and now that Adela had
promised to be his wife, she was sure to understand.
“What does our old gentleman of the car think?” she asked, and
her negligent tone was exactly what he desired.
“Our old gentleman is helpful and sound, as he always is over
public affairs. You’ve seen in him our show Indian.”
“Have I really?”
“I’m afraid so. Incredible, aren’t they, even the best of them?
They’re all—they all forget their back collar studs sooner or later.
You’ve had to do with three sets of Indians to-day, the
Bhattacharyas, Aziz, and this chap, and it really isn’t a coincidence
that they’ve all let you down.”
“I like Aziz, Aziz is my real friend,” Mrs. Moore interposed.
“When the animal runs into us the Nawab loses his head, deserts
his unfortunate chauffeur, intrudes upon Miss Derek . . . no great
crimes, no great crimes, but no white man would have done it.”
“What animal?”
“Oh, we had a small accident on the Marabar road. Adela thinks it
was a hyena.”
“An accident?” she cried.
“Nothing; no one hurt. Our excellent host awoke much rattled
from his dreams, appeared to think it was our fault, and chanted
exactly, exactly.”
Mrs. Moore shivered, “A ghost!” But the idea of a ghost scarcely
passed her lips. The young people did not take it up, being occupied
with their own outlooks, and deprived of support it perished, or was
reabsorbed into the part of the mind that seldom speaks.
“Yes, nothing criminal,” Ronny summed up, “but there’s the native,
and there’s one of the reasons why we don’t admit him to our clubs,
and how a decent girl like Miss Derek can take service under natives
puzzles me. . . . But I must get on with my work. Krishna!” Krishna
was the peon who should have brought the files from his office. He
had not turned up, and a terrific row ensued. Ronny stormed,
shouted, howled, and only the experienced observer could tell that
he was not angry, did not much want the files, and only made a row
because it was the custom. Servants, quite understanding, ran
slowly in circles, carrying hurricane lamps. Krishna the earth, Krishna
the stars replied, until the Englishman was appeased by their
echoes, fined the absent peon eight annas, and sat down to his
arrears in the next room.
“Will you play Patience with your future mother-in-law, dear Adela,
or does it seem too tame?”
“I should like to—I don’t feel a bit excited—I’m just glad it’s settled
up at last, but I’m not conscious of vast changes. We are all three
the same people still.”
“That’s much the best feeling to have.” She dealt out the first row
of “demon.”
“I suppose so,” said the girl thoughtfully.
“I feared at Mr. Fielding’s that it might be settled the other way . .
. black knave on a red queen. . . .” They chatted gently about the
game.
Presently Adela said: “You heard me tell Aziz and Godbole I wasn’t
stopping in their country. I didn’t mean it, so why did I say it? I feel
I haven’t been—frank enough, attentive enough, or something. It’s
as if I got everything out of proportion. You have been so very good
to me, and I meant to be good when I sailed, but somehow I
haven’t been. . . . Mrs. Moore, if one isn’t absolutely honest, what is
the use of existing?”
She continued to lay out her cards. The words were obscure, but
she understood the uneasiness that produced them. She had
experienced it twice herself, during her own engagements—this
vague contrition and doubt. All had come right enough afterwards
and doubtless would this time—marriage makes most things right
enough. “I wouldn’t worry,” she said. “It’s partly the odd
surroundings; you and I keep on attending to trifles instead of
what’s important; we are what the people here call ‘new.’”
“You mean that my bothers are mixed up with India?”
“India’s——” She stopped.
“What made you call it a ghost?”
“Call what a ghost?”
“The animal thing that hit us. Didn’t you say ‘Oh, a ghost,’ in
passing.”
“I couldn’t have been thinking of what I was saying.”
“It was probably a hyena, as a matter of fact.”
“Ah, very likely.”
And they went on with their Patience. Down in Chandrapore the
Nawab Bahadur waited for his car. He sat behind his town house (a
small unfurnished building which he rarely entered) in the midst of
the little court that always improvises itself round Indians of position.
As if turbans were the natural product of darkness a fresh one would
occasionally froth to the front, incline itself towards him, and retire.
He was preoccupied, his diction was appropriate to a religious
subject. Nine years previously, when first he had had a car, he had
driven it over a drunken man and killed him, and the man had been
waiting for him ever since. The Nawab Bahadur was innocent before
God and the Law, he had paid double the compensation necessary;
but it was no use, the man continued to wait in an unspeakable
form, close to the scene of his death. None of the English people
knew of this, nor did the chauffeur; it was a racial secret
communicable more by blood than speech. He spoke now in horror
of the particular circumstances; he had led others into danger, he
had risked the lives of two innocent and honoured guests. He
repeated, “If I had been killed, what matter? it must happen
sometime; but they who trusted me——”
The company shuddered and invoked the mercy of God. Only Aziz
held aloof, because a personal experience restrained him: was it not
by despising ghosts that he had come to know Mrs. Moore? “You
know, Nureddin,” he whispered to the grandson—an effeminate
youth whom he seldom met, always liked, and invariably forgot
—“you know, my dear fellow, we Moslems simply must get rid of
these superstitions, or India will never advance. How long must I
hear of the savage pig upon the Marabar Road?” Nureddin looked
down. Aziz continued: “Your grandfather belongs to another
generation, and I respect and love the old gentleman, as you know.
I say nothing against him, only that it is wrong for us, because we
are young. I want you to promise me—Nureddin, are you listening?
—not to believe in Evil Spirits, and if I die (for my health grows very
weak) to bring up my three children to disbelieve in them too.”
Nureddin smiled, and a suitable answer rose to his pretty lips, but
before he could make it the car arrived, and his grandfather took
him away.
The game of Patience up in the civil lines went on longer than
this. Mrs. Moore continued to murmur “Red ten on a black knave,”
Miss Quested to assist her, and to intersperse among the intricacies
of the play details about the hyena, the engagement, the Maharani
of Mudkul, the Bhattacharyas, and the day generally, whose rough
desiccated surface acquired as it receded a definite outline, as India
itself might, could it be viewed from the moon. Presently the players
went to bed, but not before other people had woken up elsewhere,
people whose emotions they could not share, and whose existence
they ignored. Never tranquil, never perfectly dark, the night wore
itself away, distinguished from other nights by two or three blasts of
wind, which seemed to fall perpendicularly out of the sky and to
bounce back into it, hard and compact, leaving no freshness behind
them: the hot weather was approaching.
CHAPTER IX
Aziz fell ill as he foretold—slightly ill. Three days later he lay abed
in his bungalow, pretending to be very ill. It was a touch of fever,
which he would have neglected if there was anything important at
the hospital. Now and then he groaned and thought he should die,
but did not think so for long, and a very little diverted him. It was
Sunday, always an equivocal day in the East, and an excuse for
slacking. He could hear church bells as he drowsed, both from the
civil station and from the missionaries out beyond the slaughter
house—different bells and rung with different intent, for one set was
calling firmly to Anglo-India, and the other feebly to mankind. He did
not object to the first set; the other he ignored, knowing their
inefficiency. Old Mr. Graysford and young Mr. Sorley made converts
during a famine, because they distributed food; but when times
improved they were naturally left alone again, and though surprised
and aggrieved each time this happened, they never learnt wisdom.
“No Englishman understands us except Mr. Fielding,” he thought;
“but how shall I see him again? If he entered this room the disgrace
of it would kill me.” He called to Hassan to clear up, but Hassan, who
was testing his wages by ringing them on the step of the verandah,
found it possible not to hear him; heard and didn’t hear, just as Aziz
had called and hadn’t called. “That’s India all over . . . how like us . .
. there we are . . .” He dozed again, and his thoughts wandered over
the varied surface of life.
Gradually they steadied upon a certain spot—the Bottomless Pit
according to missionaries, but he had never regarded it as more
than a dimple. Yes, he did want to spend an evening with some girls,
singing and all that, the vague jollity that would culminate in
voluptuousness. Yes, that was what he did want. How could it be
managed? If Major Callendar had been an Indian, he would have
remembered what young men are, and granted two or three days’
leave to Calcutta without asking questions. But the Major assumed
either that his subordinates were made of ice, or that they repaired
to the Chandrapore bazaars—disgusting ideas both. It was only Mr.
Fielding who——
“Hassan!”
The servant came running.
“Look at those flies, brother;” and he pointed to the horrible mass
that hung from the ceiling. The nucleus was a wire which had been
inserted as a homage to electricity. Electricity had paid no attention,
and a colony of eye-flies had come instead and blackened the coils
with their bodies.
“Huzoor, those are flies.”
“Good, good, they are, excellent, but why have I called you?”
“To drive them elsewhere,” said Hassan, after painful thought.
“Driven elsewhere, they always return.”
“Huzoor.”
“You must make some arrangement against flies; that is why you
are my servant,” said Aziz gently.
Hassan would call the little boy to borrow the step-ladder from
Mahmoud Ali’s house; he would order the cook to light the Primus
stove and heat water; he would personally ascend the steps with a
bucket in his arms, and dip the end of the coil into it.
“Good, very good. Now what have you to do?”
“Kill flies.”
“Good. Do it.”
Hassan withdrew, the plan almost lodged in his head, and began
to look for the little boy. Not finding him, his steps grew slower, and
he stole back to his post on the verandah, but did not go on testing
his rupees, in case his master heard them clink. On twittered the
Sunday bells; the East had returned to the East via the suburbs of
England, and had become ridiculous during the detour.
Aziz continued to think about beautiful women.
His mind here was hard and direct, though not brutal. He had
learnt all he needed concerning his own constitution many years
ago, thanks to the social order into which he had been born, and
when he came to study medicine he was repelled by the pedantry
and fuss with which Europe tabulates the facts of sex. Science
seemed to discuss everything from the wrong end. It didn’t interpret
his experiences when he found them in a German manual, because
by being there they ceased to be his experiences. What he had been
told by his father or mother or had picked up from servants—it was
information of that sort that he found useful, and handed on as
occasion offered to others.
But he must not bring any disgrace on his children by some silly
escapade. Imagine if it got about that he was not respectable! His
professional position too must be considered, whatever Major
Callendar thought. Aziz upheld the proprieties, though he did not
invest them with any moral halo, and it was here that he chiefly
differed from an Englishman. His conventions were social. There is
no harm in deceiving society as long as she does not find you out,
because it is only when she finds you out that you have harmed her;
she is not like a friend or God, who are injured by the mere
existence of unfaithfulness. Quite clear about this, he meditated
what type of lie he should tell to get away to Calcutta, and had
thought of a man there who could be trusted to send him a wire and
a letter that he could show to Major Callendar, when the noise of
wheels was heard in his compound. Someone had called to enquire.
The thought of sympathy increased his fever, and with a sincere
groan he wrapped himself in his quilt.
“Aziz, my dear fellow, we are greatly concerned,” said Hamidullah’s
voice. One, two, three, four bumps, as people sat down upon his
bed.
“When a doctor falls ill it is a serious matter,” said the voice of Mr.
Syed Mohammed, the assistant engineer.
“When an engineer falls ill, it is equally important,” said the voice
of Mr. Haq, a police inspector.
“Oh yes, we are all jolly important, our salaries prove it.”
“Dr. Aziz took tea with our Principal last Thursday afternoon,”
piped Rafi, the engineer’s nephew. “Professor Godbole, who also
attended, has sickened too, which seems rather a curious thing, sir,
does it not?”
Flames of suspicion leapt up in the breast of each man.
“Humbug!” exclaimed Hamidullah, in authoritative tones,
quenching them.
“Humbug, most certainly,” echoed the others, ashamed of
themselves. The wicked schoolboy, having failed to start a scandal,
lost confidence and stood up with his back to the wall.
“Is Professor Godbole ill?” enquired Aziz, penetrated by the news.
“I am sincerely sorry.” Intelligent and compassionate, his face
peeped out of the bright crimson folds of the quilt. “How do you do,
Mr. Syed Mohammed, Mr. Haq? How very kind of you to enquire after
my health! How do you do, Hamidullah? But you bring me bad news.
What is wrong with him, the excellent fellow?”
“Why don’t you answer, Rafi? You’re the great authority,” said his
uncle.
“Yes, Rafi’s the great man,” said Hamidullah, rubbing it in. “Rafi is
the Sherlock Holmes of Chandrapore. Speak up, Rafi.”
Less than the dust, the schoolboy murmured the word “Diarrhœa,”
but took courage as soon as it had been uttered, for it improved his
position. Flames of suspicion shot up again in the breasts of his
elders, though in a different direction. Could what was called
diarrhœa really be an early case of cholera?
“If this is so, this is a very serious thing: this is scarcely the end of
March. Why have I not been informed?” cried Aziz.
“Dr. Panna Lal attends him, sir.”
“Oh yes, both Hindus; there we have it; they hang together like
flies and keep everything dark. Rafi, come here. Sit down. Tell me all
the details. Is there vomiting also?”
“Oh yes indeed, sir, and the serious pains.”
“That settles it. In twenty-four hours he will be dead.”
Everybody looked and felt shocked, but Professor Godbole had
diminished his appeal by linking himself with a co-religionist. He
moved them less than when he had appeared as a suffering
individual. Before long they began to condemn him as a source of
infection. “All illness proceeds from Hindus,” Mr. Haq said. Mr. Syed
Mohammed had visited religious fairs, at Allahabad and at Ujjain,
and described them with biting scorn. At Allahabad there was
flowing water, which carried impurities away, but at Ujjain the little
river Sipra was banked up, and thousands of bathers deposited their
germs in the pool. He spoke with disgust of the hot sun, the cow-
dung and marigold flowers, and the encampment of saddhus, some
of whom strode stark naked through the streets. Asked what was
the name of the chief idol at Ujjain, he replied that he did not know,
he had disdained to enquire, he really could not waste his time over
such trivialities. His outburst took some time, and in his excitement
he fell into Punjabi (he came from that side) and was unintelligible.
Aziz liked to hear his religion praised. It soothed the surface of his
mind, and allowed beautiful images to form beneath. When the
engineer’s noisy tirade was finished, he said, “That is exactly my
own view.” He held up his hand, palm outward, his eyes began to
glow, his heart to fill with tenderness. Issuing still farther from his
quilt, he recited a poem by Ghalib. It had no connection with
anything that had gone before, but it came from his heart and spoke
to theirs. They were overwhelmed by its pathos; pathos, they
agreed, is the highest quality in art; a poem should touch the hearer
with a sense of his own weakness, and should institute some
comparison between mankind and flowers. The squalid bedroom
grew quiet; the silly intrigues, the gossip, the shallow discontent
were stilled, while words accepted as immortal filled the indifferent
air. Not as a call to battle, but as a calm assurance came the feeling
that India was one; Moslem; always had been; an assurance that
lasted until they looked out of the door. Whatever Ghalib had felt, he
had anyhow lived in India, and this consolidated it for them: he had
gone with his own tulips and roses, but tulips and roses do not go.
And the sister kingdoms of the north—Arabia, Persia, Ferghana,
Turkestan—stretched out their hands as he sang, sadly, because all
beauty is sad, and greeted ridiculous Chandrapore, where every
street and house was divided against itself, and told her that she
was a continent and a unity.
Of the company, only Hamidullah had any comprehension of
poetry. The minds of the others were inferior and rough. Yet they
listened with pleasure, because literature had not been divorced
from their civilization. The police inspector, for instance, did not feel
that Aziz had degraded himself by reciting, nor break into the cheery
guffaw with which an Englishman averts the infection of beauty. He
just sat with his mind empty, and when his thoughts, which were
mainly ignoble, flowed back into it they had a pleasant freshness.
The poem had done no “good” to anyone, but it was a passing
reminder, a breath from the divine lips of beauty, a nightingale
between two worlds of dust. Less explicit than the call to Krishna, it
voiced our loneliness nevertheless, our isolation, our need for the
Friend who never comes yet is not entirely disproved. Aziz it left
thinking about women again, but in a different way: less definite,
more intense. Sometimes poetry had this effect on him, sometimes it
only increased his local desires, and he never knew beforehand
which effect would ensue: he could discover no rule for this or for
anything else in life.
Hamidullah had called in on his way to a worrying committee of
notables, nationalist in tendency, where Hindus, Moslems, two Sikhs,
two Parsis, a Jain, and a Native Christian tried to like one another
more than came natural to them. As long as someone abused the
English, all went well, but nothing constructive had been achieved,
and if the English were to leave India, the committee would vanish
also. He was glad that Aziz, whom he loved and whose family was
connected with his own, took no interest in politics, which ruin the
character and career, yet nothing can be achieved without them. He
thought of Cambridge—sadly, as of another poem that had ended.
How happy he had been there, twenty years ago! Politics had not
mattered in Mr. and Mrs. Bannister’s rectory. There, games, work,
and pleasant society had interwoven, and appeared to be sufficient
substructure for a national life. Here all was wire-pulling and fear.
Messrs. Syed Mohammed and Haq—he couldn’t even trust them,
although they had come in his carriage, and the schoolboy was a
scorpion. Bending down, he said, “Aziz, Aziz, my dear boy, we must
be going, we are already late. Get well quickly, for I do not know
what our little circle would do without you.”
“I shall not forget those affectionate words,” replied Aziz.
“Add mine to them,” said the engineer.
“Thank you, Mr. Syed Mohammed, I will.”
“And mine,” “And, sir, accept mine,” cried the others, stirred each
according to his capacity towards goodwill. Little ineffectual
unquenchable flames! The company continued to sit on the bed and
to chew sugarcane, which Hassan had run for into the bazaar, and
Aziz drank a cup of spiced milk. Presently there was the sound of
another carriage. Dr. Panna Lal had arrived, driven by horrid Mr. Ram
Chand. The atmosphere of a sick-room was at once re-established,
and the invalid retired under his quilt.
“Gentlemen, you will excuse, I have come to enquire by Major
Callendar’s orders,” said the Hindu, nervous of the den of fanatics
into which his curiosity had called him.
“Here he lies,” said Hamidullah, indicating the prostrate form.
“Dr. Aziz, Dr, Aziz, I come to enquire.”
Aziz presented an expressionless face to the thermometer.
“Your hand also, please.” He took it, gazed at the flies on the
ceiling, and finally announced “Some temperature.”
“I think not much,” said Ram Chand, desirous of fomenting
trouble.
“Some; he should remain in bed,” repeated Dr. Panna Lal, and
shook the thermometer down, so that its altitude remained for ever
unknown. He loathed his young colleague since the disasters with
Dapple, and he would have liked to do him a bad turn and report to
Major Callendar that he was shamming. But he might want a day in
bed himself soon,—besides, though Major Callendar always believed
the worst of natives, he never believed them when they carried tales
about one another. Sympathy seemed the safer course. “How is
stomach?” he enquired, “how head?” And catching sight of the
empty cup, he recommended a milk diet.
“This is a great relief to us, it is very good of you to call, Doctor
Sahib,” said Hamidullah, buttering him up a bit.
“It is only my duty.”
“We know how busy you are.”
“Yes, that is true.”
“And how much illness there is in the city.”
The doctor suspected a trap in this remark; if he admitted that
there was or was not illness, either statement might be used against
him. “There is always illness,” he replied, “and I am always busy—it
is a doctor’s nature.”
“He has not a minute, he is due double sharp at Government
College now,” said Ram Chand.
“You attend Professor Godbole there perhaps?”
The doctor looked professional and was silent.
“We hope his diarrhœa is ceasing.”
“He progresses, but not from diarrhœa.”
“We are in some anxiety over him—he and Dr. Aziz are great
friends. If you could tell us the name of his complaint we should be
grateful to you.”
After a cautious pause he said, “Hæmorrhoids.”
“And so much, my dear Rafi, for your cholera,” hooted Aziz, unable
to restrain himself.
“Cholera, cholera, what next, what now?” cried the doctor, greatly
fussed. “Who spreads such untrue reports about my patients?”
Hamidullah pointed to the culprit.
“I hear cholera, I hear bubonic plague, I hear every species of lie.
Where will it end, I ask myself sometimes. This city is full of
misstatements, and the originators of them ought to be discovered
and punished authoritatively.”
“Rafi, do you hear that? Now why do you stuff us up with all this
humbug?”
The schoolboy murmured that another boy had told him, also that
the bad English grammar the Government obliged them to use often
gave the wrong meaning for words, and so led scholars into
mistakes.
“That is no reason you should bring a charge against a doctor,”
said Ram Chand.
“Exactly, exactly,” agreed Hamidullah, anxious to avoid an
unpleasantness. Quarrels spread so quickly and so far, and Messrs.
Syed Mohammed and Haq looked cross, and ready to fly out. “You
must apologize properly, Rafi, I can see your uncle wishes it,” he
said. “You have not yet said that you are sorry for the trouble you
have caused this gentleman by your carelessness.”
“It is only a boy,” said Dr. Panna Lal, appeased.
“Even boys must learn,” said Ram Chand.
“Your own son failing to pass the lowest standard, I think,” said
Syed Mohammed suddenly.
“Oh, indeed? Oh yes, perhaps. He has not the advantage of a
relative in the Prosperity Printing Press.”
“Nor you the advantage of conducting their cases in the Courts
any longer.”
Their voices rose. They attacked one another with obscure
allusions and had a silly quarrel. Hamidullah and the doctor tried to
make peace between them. In the midst of the din someone said, “I
say! Is he ill or isn’t he ill?” Mr. Fielding had entered unobserved. All
rose to their feet, and Hassan, to do an Englishman honour, struck
with a sugar-cane at the coil of flies.
Aziz said, “Sit down,” coldly. What a room! What a meeting!
Squalor and ugly talk, the floor strewn with fragments of cane and
nuts, and spotted with ink, the pictures crooked upon the dirty walls,
no punkah! He hadn’t meant to live like this or among these third-
rate people. And in his confusion he thought only of the insignificant
Rafi, whom he had laughed at, and allowed to be teased. The boy
must be sent away happy, or hospitality would have failed, along the
whole line.
“It is good of Mr. Fielding to condescend to visit our friend,” said
the police inspector. “We are touched by this great kindness.”
“Don’t talk to him like that, he doesn’t want it, and he doesn’t
want three chairs; he’s not three Englishmen,” he flashed. “Rafi,
come here. Sit down again. I’m delighted you could come with Mr.
Hamidullah, my dear boy; it will help me to recover, seeing you.”
“Forgive my mistakes,” said Rafi, to consolidate himself.
“Well, are you ill, Aziz, or aren’t you?” Fielding repeated.
“No doubt Major Callendar has told you that I am shamming.”
“Well, are you?” The company laughed, friendly and pleased. “An
Englishman at his best,” they thought; “so genial.”
“Enquire from Dr. Panna Lal.”
“You’re sure I don’t tire you by stopping?”
“Why, no! There are six people present in my small room already.
Please remain seated, if you will excuse the informality.” He turned
away and continued to address Rafi, who was terrified at the arrival
of his Principal, remembered that he had tried to spread slander
about him, and yearned to get away.
“He is ill and he is not ill,” said Hamidullah, offering a cigarette.
“And I suppose that most of us are in that same case.”
Fielding agreed; he and the pleasant sensitive barrister got on
well. They were fairly intimate and beginning to trust each other.
“The whole world looks to be dying, still it doesn’t die, so we must
assume the existence of a beneficent Providence.”
“Oh, that is true, how true!” said the policeman, thinking religion
had been praised.
“Does Mr. Fielding think it’s true?”
“Think which true? The world isn’t dying. I’m certain of that!”
“No, no—the existence of Providence.”
“Well, I don’t believe in Providence.”
“But how then can you believe in God?” asked Syed Mohammed.
“I don’t believe in God.”
A tiny movement as of “I told you so!” passed round the company,
and Aziz looked up for an instant, scandalized. “Is it correct that
most are atheists in England now?” Hamidullah enquired.
“The educated thoughtful people? I should say so, though they
don’t like the name. The truth is that the West doesn’t bother much
over belief and disbelief in these days. Fifty years ago, or even when
you and I were young, much more fuss was made.”
“And does not morality also decline?”
“It depends what you call—yes, yes, I suppose morality does
decline.”
“Excuse the question, but if this is the case, how is England
justified in holding India?”
There they were! Politics again. “It’s a question I can’t get my
mind on to,” he replied. “I’m out here personally because I needed a
job. I cannot tell you why England is here or whether she ought to
be here. It’s beyond me.”
“Well-qualified Indians also need jobs in the educational.”
“I guess they do; I got in first,” said Fielding, smiling.
“Then excuse me again—is it fair an Englishman should occupy
one when Indians are available? Of course I mean nothing
personally. Personally we are delighted you should be here, and we
benefit greatly by this frank talk.”
There is only one answer to a conversation of this type: “England
holds India for her good.” Yet Fielding was disinclined to give it. The
zeal for honesty had eaten him up. He said, “I’m delighted to be
here too—that’s my answer, there’s my only excuse. I can’t tell you
anything about fairness. It mayn’t have been fair I should have been
born. I take up some other fellow’s air, don’t I, whenever I breathe?
Still, I’m glad it’s happened, and I’m glad I’m out here. However big
a badmash one is—if one’s happy in consequence, that is some
justification.”
The Indians were bewildered. The line of thought was not alien to
them, but the words were too definite and bleak. Unless a sentence
paid a few compliments to Justice and Morality in passing, its
grammar wounded their ears and paralysed their minds. What they
said and what they felt were (except in the case of affection) seldom
the same. They had numerous mental conventions and when these
were flouted they found it very difficult to function. Hamidullah bore
up best. “And those Englishmen who are not delighted to be in India
—have they no excuse?” he asked.
“None. Chuck ’em out.”
“It may be difficult to separate them from the rest,” he laughed.
“Worse than difficult, wrong,” said Mr. Ram Chand. “No Indian
gentleman approves chucking out as a proper thing. Here we differ
from those other nations. We are so spiritual.”
“Oh that is true, how true!” said the police inspector.
“Is it true, Mr. Haq? I don’t consider us spiritual. We can’t co-
ordinate, we can’t co-ordinate, it only comes to that. We can’t keep
engagements, we can’t catch trains. What more than this is the so-
called spirituality of India? You and I ought to be at the Committee
of Notables, we’re not; our friend Dr. Lal ought to be with his
patients, he isn’t. So we go on, and so we shall continue to go, I
think, until the end of time.”
“It is not the end of time, it is scarcely ten-thirty, ha, ha!” cried Dr.
Panna Lal, who was again in confident mood. “Gentlemen, if I may
be allowed to say a few words, what an interesting talk, also
thankfulness and gratitude to Mr. Fielding in the first place teaches
our sons and gives them all the great benefits of his experience and
judgment——”
“Dr. Lal!”
“Dr. Aziz?”
“You sit on my leg.”
“I beg pardon, but some might say your leg kicks.”
“Come along, we tire the invalid in either case,” said Fielding, and
they filed out—four Mohammedans, two Hindus and the Englishman.
They stood on the verandah while their conveyances were
summoned out of various patches of shade.
“Aziz has a high opinion of you, he only did not speak because of
his illness.”
“I quite understand,” said Fielding, who was rather disappointed
with his call. The Club comment, “making himself cheap as usual,”
passed through his mind. He couldn’t even get his horse brought up.
He had liked Aziz so much at their first meeting, and had hoped for
developments.
CHAPTER X
The heat had leapt forward in the last hour, the street was
deserted as if a catastrophe had cleaned off humanity during the
inconclusive talk. Opposite Aziz’ bungalow stood a large unfinished
house belonging to two brothers, astrologers, and a squirrel hung
head-downwards on it, pressing its belly against burning scaffolding
and twitching a mangy tail. It seemed the only occupant of the
house, and the squeals it gave were in tune with the infinite, no
doubt, but not attractive except to other squirrels. More noises came
from a dusty tree, where brown birds creaked and floundered about
looking for insects; another bird, the invisible coppersmith, had
started his “ponk ponk.” It matters so little to the majority of living
beings what the minority, that calls itself human, desires or decides.
Most of the inhabitants of India do not mind how India is governed.
Nor are the lower animals of England concerned about England, but
in the tropics the indifference is more prominent, the inarticulate
world is closer at hand and readier to resume control as soon as
men are tired. When the seven gentlemen who had held such
various opinions inside the bungalow came out of it, they were
aware of a common burden, a vague threat which they called “the
bad weather coming.” They felt that they could not do their work, or
would not be paid enough for doing it. The space between them and
their carriages, instead of being empty, was clogged with a medium
that pressed against their flesh, the carriage cushions scalded their
trousers, their eyes pricked, domes of hot water accumulated under
their head-gear and poured down their cheeks. Salaaming feebly,
they dispersed for the interior of other bungalows, to recover their
self-esteem and the qualities that distinguished them from each
other.
All over the city and over much of India the same retreat on the
part of humanity was beginning, into cellars, up hills, under trees.
April, herald of horrors, is at hand. The sun was returning to his
kingdom with power but without beauty—that was the sinister
feature. If only there had been beauty! His cruelty would have been
tolerable then. Through excess of light, he failed to triumph, he also;
in his yellowy-white overflow not only matter, but brightness itself
lay drowned. He was not the unattainable friend, either of men or
birds or other suns, he was not the eternal promise, the never-
withdrawn suggestion that haunts our consciousness; he was merely
a creature, like the rest, and so debarred from glory.
CHAPTER XI
Although the Indians had driven off, and Fielding could see his
horse standing in a small shed in the corner of the compound, no
one troubled to bring it to him. He started to get it himself, but was
stopped by a call from the house. Aziz was sitting up in bed, looking
dishevelled and sad. “Here’s your home,” he said sardonically.
“Here’s the celebrated hospitality of the East. Look at the flies. Look
at the chunam coming off the walls. Isn’t it jolly? Now I suppose you
want to be off, having seen an Oriental interior.”
“Anyhow, you want to rest.”
“I can rest the whole day, thanks to worthy Dr. Lal. Major
Callendar’s spy, I suppose you know, but this time it didn’t work. I
am allowed to have a slight temperature.”
“Callendar doesn’t trust anyone, English or Indian: that’s his
character, and I wish you weren’t under him; but you are, and that’s
that.”
“Before you go, for you are evidently in a great hurry, will you
please unlock that drawer? Do you see a piece of brown paper at the
top?”
“Yes.”
“Open it.”
“Who is this?”
Welcome to our website – the ideal destination for book lovers and
knowledge seekers. With a mission to inspire endlessly, we offer a
vast collection of books, ranging from classic literary works to
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Export import procedures and documentation 4th Edition Thomas E. Johnson

  • 1. Export import procedures and documentation 4th Edition Thomas E. Johnson pdf download https://ebookfinal.com/download/export-import-procedures-and- documentation-4th-edition-thomas-e-johnson/ Explore and download more ebooks or textbooks at ebookfinal.com
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  • 5. Export import procedures and documentation 4th Edition Thomas E. Johnson Digital Instant Download Author(s): Thomas E. Johnson ISBN(s): 9780814407349, 081440734X Edition: 4th File Details: PDF, 15.90 MB Year: 2002 Language: english
  • 9. EXPORT/IMPORT PROCEDURES AND DOCUMENTATION FOURTH EDITION THOMAS E. JOHNSON American Management Association New York • Atlanta • Brussels • Buenos Aires • Chicago • London • Mexico City San Francisco • Shanghai • Tokyo • Toronto • Washington, D.C.
  • 10. Special discounts on bulk quantities of AMACOM books are available to corporations, professional associations, and other organizations. For details, contact Special Sales Department, AMACOM, a division of American Management Association, 1601 Broadway, New York, NY 10019. Tel.: 212-903-8316. Fax: 212-903-8083. Web site: www.amacombooks.org This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Library of Congress Cataloging-in-Publication Data Johnson, Thomas E., 1948– Export/import procedures and documentation / Thomas E. Johnson. — 4th ed. p. cm. Includes index. ISBN 0-8144-0734-X (hardbound) 1. Export marketing—United States. 2. Exports—United States—Forms. 3. Imports—United States—Forms. 4. Foreign trade regulation. 5. International trade. I. Title. HF1416.5.J64 2002 658.8⬘48—dc21 2002023610 䉷 2002 Fourth Edition by Thomas E. Johnson. Previous editions 䉷 1997, 1994, 1991 AMACOM, a division of American Management Association. All rights reserved. Printed in the United States of America. This publication may not be reproduced, stored in a retrieval system, or transmitted in whole or in part, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of AMACOM, a division of American Management Association, 1601 Broadway, New York, NY 10019. Printing number 10 9 8 7 6 5 4 3 2 1
  • 11. Contents List of Figures xiii Foreword by Eugene J. Schreiber xvii Preface xix Acknowledgments xxi Part I Organizing for Export and Import Operations 1 Chapter 1. Organizing for Export and Import Operations 3 A. Export Department 3 B. Import Department 4 C. Combined Export and Import Departments 4 D. Manuals of Procedures and Documentation 8 E. Record-Keeping Compliance 9 F. Software 13 G. Federal, State, International, and Foreign Law 14 Part II Exporting: Procedures and Documentation 15 Chapter 2. Exporting: Preliminary Considerations 17 A. Products 17 B. Volume 18 C. Country Market and Product Competitiveness Research 18 D. Identification of Customers: End Users, Distributors, and Sales Agents 18 E. Compliance With Foreign Law 19 1. Industry Standards 20 2. Foreign Customs Laws 20 3. Government Contracting 21 4. Buy American Equivalent Laws 21 5. Exchange Controls and Import Licenses 22 v
  • 12. Contents 6. Value-Added Taxes 22 7. Specialized Laws 22 F. Export Controls and Licenses 22 G. Patent, Trademark, and Copyright Registrations and Infringements 23 H. Confidentiality and Non-Disclosures Agreements 23 I. Antiboycott Compliance 24 J. Employee Sales Visits to Foreign Countries—Immigration and Customs Compliance 24 K. Utilization of Freight Forwarders and Foreign Customs Brokers 28 L. Export Packing and Labeling (Hazardous Materials) 30 M. Terms of Sale 32 N. Consignments 36 O. Leases 36 P. Marine and Air Casualty Insurance 37 Q. Methods of Transportation; Booking Transportation 38 R. Country of Origin Marking 45 S. Foreign Warehousing and Free Trade Zones 45 T. Export Financing and Payment Insurance 45 U. Tax Incentives 46 V. Export Trading Companies, Export Trade Certificates of Review, and Export Management Companies 46 W. Translation 57 X. Foreign Branch Operations, Subsidiaries, Joint Ventures, and Licensing 57 Y. Electronic Commerce 57 Chapter 3. Exporting: Sales Documentation 60 A. Isolated Sales Transactions 60 1. Importance of Written Agreements 60 2. Telex or Facsimile Orders 61 3. The Formation of Sales Agreements 61 4. Common Forms for the Formation of Sales Agreements 63 a. Price Lists 63 b. Requests for Quotations 63 c. Quotations and Costing Sheets 65 d. Purchase Orders 65 e. Purchase Order Acknowledgments, Acceptances, and Sales Confirmations 70 f. Pro Forma Invoices 73 g. Commercial Invoices 81 h. Conflicting Provisions in Seller and Buyer Sales Documentation 81 i. Side Agreements 84 B. Ongoing Sales Transactions 84 1. Correlation With Documentation for Isolated Sales Transactions 85 2. Important Provisions in International Sales Agreements 86 a. Selling and Purchasing Entities 86 b. Quantity 87 vi
  • 13. Contents c. Pricing 87 d. Currency Fluctuations 90 e. Payment Methods 90 f. Export Financing 92 g. Security Interest 95 h. Passage of Title, Delivery, and Risk of Loss 95 i. Warranties and Product Defects 95 j. Preshipment Inspections 96 k. Export Licenses 97 l. Import Licenses and Foreign Government Filings 97 m. Governing Law 97 n. Dispute Resolution 99 o. Termination 101 C. Export Distributor and Sales Agent Agreements 101 1. Distinction Between Distributor and Sales Agent 101 2. Export Distributor Agreements 103 a. Territory and Exclusivity 103 b. Pricing 106 c. Minimum Purchase Quantities 107 d. Handling Competing Products 107 e. Effective Date and Government Review 107 f. Appointment of Subdistributors 107 g. Use of Trade Names, Trademarks, and Copyrights 108 h. Warranties and Product Liability 108 3. Export Sales Agent Agreements 109 a. Commissions 109 b. Pricing 109 c. Shipment 112 d. Warranties 112 e. Relationship of the Parties 112 D. Foreign Corrupt Practices Act Compliance 112 Chapter 4. Exporting: Other Export Documentation 114 A. Freight Forwarder’s Powers of Attorney 114 B. Shipper’s Letters of Instructions 114 C. Commercial Invoices 116 D. Bills of Lading 118 E. Packing Lists 120 F. Inspection Certificates 120 G. Marine and Air Casualty Insurance Policies and Certificates 120 H. Dock and Warehouse Receipts 133 I. Consular Invoices 133 J. Certificates of Origin 133 K. Certificates of Free Sale 162 L. Delivery Instructions and Delivery Orders 162 M. Special Customs Invoices 162 vii
  • 14. Contents N. Shipper’s Declarations for Dangerous Goods 169 O. Precursor and Essential Chemical Exports 169 P. Animal, Plant, and Food Export Certificates 169 Q. Drafts for Payment 175 R. Letters of Credit 175 S. Shipper’s Export Declarations 181 T. Freight Forwarder’s Invoices 195 Chapter 5. Export Controls and Licenses 197 A. Introduction 197 B. Scope of the EAR 198 C. Commerce Control List 198 D. Export Destinations 203 E. Customers, End Users, and End Uses 210 F. Ten General Prohibitions 210 G. License Exemptions and Exceptions 212 H. License Applications and Procedures 213 1. Documentation From Buyer 213 2. License Application Form 215 3. Procedures 223 I. Re-Exports 223 J. Export Documentation and Record-Keeping 223 K. Special Comprehensive Licenses 225 L. Technology, Software, and Technical Assistance Exports 230 M. Violations and Penalties 232 N. Munitions and Arms Exports 232 Part III Importing: Procedures and Documentation 237 Chapter 6. Importing: Preliminary Considerations 239 A. Products 239 B. Volume 240 C. Country Sourcing 240 D. Identification of Suppliers 241 E. Compliance With Foreign Law 242 1. Foreign Export Controls 242 2. Exchange Control Licenses 242 3. Export Quotas 243 F. U.S. Customs Considerations 243 1. Utilization of Customs Brokers 243 2. Importation Bonds 244 3. Importer’s Liability and Reasonable Care 250 4. Application for Importer’s Number 250 5. Ports of Entry 250 6. Import Quotas 254 viii
  • 15. Contents 7. Antidumping, Countervailing, and Other Special Duties 255 8. Classification 256 9. Valuation 256 10. Duty-Free and Reduced Duty Programs 257 11. Column 2 Imports 258 12. Deferred Duty Programs (Bonded Warehousing and Foreign Trade Zones) 258 13. Temporary Importations 259 14. Country of Origin 260 15. Assists 260 16. Specialized Products 262 17. Record-Keeping Requirements 262 18. Customs Rulings 262 G. Import Packing and Labeling 262 H. U.S. Commercial Considerations 263 1. Prevailing Market Price 263 2. Buy American Policies 264 3. U.S. Industry Standards 264 I. Terms of Purchase 264 J. Consignments 266 K. Leases 267 L. Marine and Air Casualty Insurance 267 M. Method of Transportation; Booking Transportation 268 N. Import Financing 268 O. Patent, Trademark, and Copyright Registrations and Infringements 268 P. Confidentiality and Non-Disclosure Agreements 269 Q. Payment 269 R. Translation 270 S. Foreign Branch Operations, Subsidiaries, Joint Ventures, and Licensing 270 T. Electronic Commerce 276 Chapter 7. Importing: Purchase Documentation 280 A. Isolated Purchase Transactions 280 1. Importance of Written Agreements 280 2. Telex or Facsimile Orders 281 3. The Formation of Purchase Agreements 281 4. Common Forms for the Formation of Purchase Agreements 282 a. Price Lists 283 b. Requests for Quotations and Offers to Purchase 283 c. Quotations 283 d. Purchase Orders 284 e. Purchase Order Acknowledgments, Acceptances, and Sales Confirmations 284 f. Commercial Invoices 285 g. Conflicting Provisions in Seller and Buyer Sales Documentation 285 h. Side Agreements 286 ix
  • 16. Contents B. Ongoing Purchase Transactions 286 1. Correlation With Documentation for Isolated Purchase Transactions 287 2. Important Provisions in International Purchase Agreements 288 a. Purchasing and Selling Entities 288 b. Quantity 288 c. Pricing 289 d. Currency Fluctuations 291 e. Payment Methods 292 f. Import Financing 294 g. Security Interest 294 h. Passage of Title, Delivery, and Risk of Loss 294 i. Warranties and Product Defects 295 j. Preshipment Inspections 295 k. Export Licenses 296 l. Governing Law 296 m. Dispute Resolution 298 n. Termination 299 C. Import Distributor and Sales Agent Agreements 299 1. Distinction Between Distributor and Sales Agent 300 2. Import Distributor Agreements 300 a. Territory and Exclusivity 300 b. Pricing 301 c. Minimum Purchase Quantities 301 d. Handling Competing Products 301 e. Appointment of Subdistributors 302 f. Use of Trade Names, Trademarks, and Copyrights 302 g. Warranties and Product Liability 302 3. Import Sales Agent Agreements 303 a. Commissions 303 b. Pricing 303 c. Shipment 303 Chapter 8. Import Process and Documentation 305 A. Bills of Lading 305 B. Commercial Invoices 307 C. Pro Forma Invoices 307 D. Packing Lists 307 E. Inspection Certificates 309 F. Drafts for Payment 309 G. Arrival Notices 309 H. Pick-Up and Delivery Orders 309 I. Entry/Immediate Delivery 311 J. Entry Summary 311 K. Other Entries 317 L. Reconciliation 322 x
  • 17. Contents M. GSP, CBI, ATPA, AGOA—Special Programs 322 N. NAFTA Certificate of Origin 322 O. Specialized Products Customs Entry Forms 324 P. Examination and Detention 324 Q. Liquidation Notices 334 R. Notices of Redelivery 334 S. Requests for Reliquidation 334 T. Requests for Information 339 U. Notices of Action 339 V. Protests, Supplemental Information Letters, and Post-Entry Amendments 339 W. Administrative Summons 345 X. Search Warrants 345 Y. Grand Jury Subpoenas 350 Z. Seizure Notices 350 AA. Prepenalty Notices 353 BB. Penalty Notices 353 CC. Customs Audits 353 DD. Prior Disclosure 362 EE. Court of International Trade 365 FF. Appeals 365 GG. Offers of Compromise 365 HH. ITC and Commerce Questionnaires 372 Part IV Specialized Exporting and Importing 373 Chapter 9. Specialized Exporting and Importing 375 A. Drawback 375 B. Foreign Processing and Assembly Operations 382 C. Plant Construction Contracts 385 D. Barter and Countertrade Transactions 387 Appendices 389 Appendix A. Government Agencies and Export Assistance 391 Appendix B. International Sales Agreement (Export) 409 Appendix C. Correct Way to Complete the Shipper’s Export Declaration 417 Appendix D. Automated Export System (AES) and AES Direct 437 Appendix E. U.S. Customs Reasonable Care Checklists 455 Appendix F. Harmonized Tariff Schedules (Excerpts) 465 Appendix G. International Purchase Agreement (Import) 483 Appendix H. Rules for Completing an Entry Summary 491 Appendix I. Rules for Constructing Manufacturer/Shipper Identification Code 525 Appendix J. Customs Audit Questionnaires 533 xi
  • 18. Contents Appendix K. List of Export/Import-Related Web Sites 541 Glossary of International Trade Terms 547 Index 571 About the Author 583 xii
  • 19. List of Figures 1–1. Export organization chart. 5 1–2. Export order processing—quotation. 6 1–3. Export order processing—order entry. 7 1–4. Export order processing—shipment. 8 1–5. Export order processing—collection. 9 1–6. Interrelationships with outside service providers. 10 1–7. Export manual table of contents. 11 1–8. Import manual table of contents. 12 2–1. Report of request for restrictive trade practice or boycott—single transaction. 25 2–2. Report of request for restrictive trade practice or boycott—multiple transactions (and continuation sheet). 26 2–3. Application for carnet. 29 2–4. Examples of Incoterm usage. 33 2–5. Diagram of the Incoterms. 34 2–6. Ocean marine insurance coverage. 39 2–7. Sample steamship tariff. 40 2–8. Booking confirmation. 44 2–9. Application for Export-Import Bank insurance. 47 2–10. Application for export trade certificate of review. 50 2–11. Export trade certificate of review. 54 3–1. Formation of sales agreements. 62 3–2. Quotation request. 64 3–3. Export quotation worksheet. 66 3–4. Quotation. 67 3–5. Quotation. 68 3–6. Quotation. 71 3–7. Purchase order. 74 3–8. Purchase order. 75 3–9. Purchase order acceptance. 77 3–10. Pro forma invoice. 82 3–11. Commercial invoice. 83 3–12. International credit terms/payment methods. 93 3–13. Legal comparison of distributors and agents. 102 xiii
  • 20. List of Figures 3–14. Financial comparison of using distributors and sales agents. 103 3–15. Foreign distributorship appointment checklist. 104 3–16. Foreign sales representative appointment checklist. 110 4–1. Power of attorney. 115 4–2. Shipper’s letter of instructions. 117 4–3. Contents of a commercial invoice. 118 4–4. Inland bill of lading. 121 4–5. Ocean bill of lading. 124 4–6. International air waybill. 126 4–7. ‘‘House’’ air waybill. 128 4–8. Packing list. 130 4–9. Preshipment inspection worksheet. 131 4–10. Preshipment inspection certificate. 132 4–11. Marine insurance policy. 134 4–12. Marine insurance certificate. 153 4–13. Standard form for presentation of loss or damage claim. 155 4–14. Request for information for insurance claim. 157 4–15. Dock receipt. 158 4–16. Consular invoice. 160 4–17. Certificate of origin. 161 4–18. NAFTA certificate of origin and instructions. 163 4–19. Certificate of free sale. 165 4–20. Delivery instructions. 166 4–21. Delivery order. 167 4–22. Special customs invoice (Canada). 168 4–23. Shipper’s declaration for dangerous goods. 170 4–24. Shipper’s certification of articles not restricted. 171 4–25. DEA import/export declaration. 172 4–26. Export certificate—animal products. 174 4–27. Meat and poultry export certificate. 176 4–28. Instructions for documentary collection. 177 4–29. Sight draft. 178 4–30. Time draft. 178 4–31. Letter of credit instructions. 179 4–32. Common discrepancies in letters of credit. 181 4–33. Checklist for a letter of credit beneficiary. 182 4–34. Letter of indemnity. 186 4–35. Advice of irrevocable letter of credit (confirmed). 187 4–36. Advice of irrevocable letter of credit (unconfirmed). 188 4–37. Letter of credit. 189 4–38. SWIFT letter of credit codes. 191 4–39. Shipper’s export declaration. 192 4–40. Shipper’s export declaration (in-transit). 193 4–41. Freight forwarder’s invoice. 196 5–1. Sample pages from the Commerce Control List (ECCN 2B001). 201 5–2. Country group A. 204 xiv
  • 21. List of Figures 5–3. Country group B. 205 5–4. Country group D. 206 5–5. Country group E. 208 5–6. Excerpts from Commerce Country Chart. 209 5–7. Red flags. 211 5–8. Decision tree for exporters. 214 5–9. Import certificate (U.S.). 216 5–10. Statement by ultimate consignee and purchaser. 217 5–11. Multipurpose application. 218 5–12. Item appendix. 221 5–13. End user appendix. 222 5–14. Sample export license. 224 5–15. Delivery verification certificate. 226 5–16. Statement by consignee in support of special comprehensive license. 228 5–17. Reexport territories. 229 5–18. Customs export enforcement subpoena. 233 6–1. Power of attorney for customs broker. 245 6–2. Importer’s letter of instruction. 246 6–3. Application for customs bond. 247 6–4. Customs bond. 248 6–5. Owner’s declaration. 251 6–6. Application for importer’s number and instructions. 252 6–7. Exportation of articles under special bond. 261 6–8. Application for letter of credit. 271 6–9. Applicant’s checklist for letter of credit. 275 6–10. Instructions by importer’s bank to correspondent bank in seller’s country regarding opening of letter of credit. 277 8–1. Import process. 306 8–2. Pro forma invoice. 308 8–3. Arrival notice. 310 8–4. Pick-up order. 312 8–5. Entry/Immediate Delivery form. 313 8–6. Order for public sale. 314 8–7. Entry summary and continuation sheet. 315 8–8. Transportation entry. 318 8–9. Application for foreign trade zone admission. 320 8–10. Application for foreign trade zone activity permit. 321 8–11. GSP declaration. 323 8–12. FDA Form 2877. 325 8–13. FCC Form 740. 327 8–14. U.S. Department of Agriculture Form 368 Notice of Arrival. 329 8–15. U.S. Fish and Wildlife Service Form 3-177. 330 8–16. Textile declaration form—single country. 331 8–17. Textile declaration form—multiple countries. 332 8–18. Notice of detention. 333 8–19. Bulletin notice of liquidation. 335 xv
  • 22. List of Figures 8–20. Courtesy notice of liquidation. 336 8–21. Notice of redelivery. 337 8–22. Request for information. 340 8–23. Notice of action. 342 8–24. Protest and instructions. 343 8–25. Administrative summons. 346 8–26. Summons notice to importer of record. 347 8–27. Affidavit. 348 8–28. Search warrant. 349 8–29. Grand jury subpoena. 351 8–30. Notice of seizure. 354 8–31. Consent to forfeiture. 359 8–32. Petition for remission or mitigation. 360 8–33. Prepenalty notice. 361 8–34. Notice of penalty. 363 8–35. Court of International Trade summons. 366 8–36. Information statement. 369 8–37. Transmittal to the Court of International Trade. 371 9–1. Drawback entry. 377 9–2. Delivery certificate. 379 9–3. Notice of intent to export. 381 9–4. Declaration by foreign shipper and importer’s endorsement. 383 9–5. Foreign repairer’s declaration and importer’s endorsement. 384 9–6. Foreign assembler’s declaration. 386 xvi
  • 23. Foreword Engaging in international trade is a never-ending challenge for a host of reasons: political turmoil in one or another country, protectionist regulations, market uncer- tainties, exchange rate fluctuations, trade organization edicts, compliance require- ments, payment problems, shipping delays, cultural differences, and an awful lot of changing procedures and documentation to contend with in every country, including our own. While there is a favorable trend toward harmonization, we’re not there yet. As most experienced international traders will confirm, however, the rewards overall are well worth the risks and the difficulties. The United States’ volume of international trade now exceeds $2.5 trillion a year in total exports and imports of goods and services. While the economic competition in the global marketplace is greater than ever, so are the potential benefits. Practical knowledge, training, and persistence by the mem- bers of America’s business community are vital to our future success in the interna- tional arena. We need to maintain our efforts to produce high-quality products and services and to market them aggressively and competitively abroad. At the same time, U.S. companies more than ever recognize that to be globally competitive in their exports, they also have to look to other countries for needed raw materials, components, and final products and compare them with those that are pro- duced in this country. That is what the global economy is all about—breaking down international barriers and encouraging the free flow of goods, services, technology, and capital. It is essentially for these reasons that Tom Johnson originally decided to write this book. It has been my pleasure to have worked with Tom around the country for many years conducting training seminars and counseling companies on international trade. We are continually heartened by the ever-expanding interest we see expressed by com- panies in exporting and importing. The special value of this book is that it takes a myriad of increasingly complex foreign trade rules, regulations, procedures, and practices and integrates them into a useful ‘‘how-to’’ volume explaining the export and import process in great detail. While the book covers all the basic export/import procedures and documentation, experienced foreign traders also are likely to find many new nuggets of practical, cost- saving information and advice. The learning process never stops. Tom and I meet many exporters and importers each year who are motivated to attend seminars and work- shops because of problems that suddenly surfaced in their trading operations: a ship- xvii
  • 24. Foreword ment delayed, a payment not promptly made, or a penalty imposed because of incorrect documentation. To their chagrin, these exporters and importers quickly dis- cover that they were not as knowledgeable or up-to-date as they thought. Advance preparation and planning invariably would have prevented these problems. Export/Import Procedures and Documentation serves as a valuable guide to inter- national trade operations and contains a sample of virtually every relevant document used in foreign trade. Equally important, the reasons for government-imposed docu- mentary and procedural requirements are clearly explained. As in most endeavors, the basic ingredients of enthusiasm, interest, and hard work are important to achieving success in exporting and importing, but they alone are not sufficient. The critical additional factors needed are technical knowledge and training, which will lead to success for those who carefully apply what they learn. This all- encompassing book makes that learning process orderly and understandable. We hope you enjoy competing in the global market and achieving all the rewards it can offer you and your business. Eugene J. Schreiber Managing Director World Trade Center of New Orleans xviii
  • 25. Preface For the past twenty years, I have been teaching American Management Associa- tion seminars on international business. About thirteen years ago, I began teaching a course entitled Export/Import Procedures and Documentation. There has been a very strong interest in this seminar and excellent attendance wherever it has been given in various cities throughout the United States. Since the last edition of this book, we have experienced the Asian economic crisis and a strong U.S. dollar. This has made exporting more difficult but has increased the opportunities for U.S. importers. Lower prices for imported raw materials and finished goods have helped the U.S. economy, but increased imports have spawned dumping cases and import restraints. We have also experienced recession exacerbated by the September 11, 2001 trage- dies in New York and Washington, D.C. While these are having a temporary dampening effect on world trade, more recently the countries of the world approved a new round of World Trade Organization negotiations. This will further stimulate trade. As an attorney who has concentrated on international business transactions for many years, I have seen firsthand the increasing globalization of markets and interna- tional competition. Those U.S. companies that do not export, establish name recogni- tion in other markets, import to reduce costs, and learn to compete on a global basis cannot survive long. My years living in Japan also convinced me that greater familiar- ity with international trade is essential for U.S. businesses to compete on a worldwide basis. This book focuses on the procedures for exporting and importing and the relevant documentation. Although the procedures and documents generally arise from legal requirements in the United States or foreign countries, I have tried to present the infor- mation in a practical, non-technical manner. This book may be of help to freight for- warders, customs brokers, transportation carriers, and others, but it is primarily intended for manufacturers who are exporting their own products or importing raw materials or components or for importers of finished goods. Since readers of this book will have varying levels of expertise, I have tried to discuss the subject at an intermedi- ate level. Hopefully, this book will be not only a useful training tool for beginners but also a reference work for more experienced exporters and importers as new situations arise. This book tries to answer the questions: What procedures should be followed, and what documentation is utilized in exporting and importing? It is often said that xix
  • 26. Discovering Diverse Content Through Random Scribd Documents
  • 27. they reached the bungalow, for Mrs. Moore was inside it. It was for Miss Quested to speak, and she said nervously, “Ronny, I should like to take back what I said on the Maidan.” He assented, and they became engaged to be married in consequence. Neither had foreseen such a consequence. She had meant to revert to her former condition of important and cultivated uncertainty, but it had passed out of her reach at its appropriate hour. Unlike the green bird or the hairy animal, she was labelled now. She felt humiliated again, for she deprecated labels, and she felt too that there should have been another scene between her lover and herself at this point, something dramatic and lengthy. He was pleased instead of distressed, he was surprised, but he had really nothing to say. What indeed is there to say? To be or not to be married, that was the question, and they had decided it in the affirmative. “Come along and let’s tell the mater all this”—opening the perforated zinc door that protected the bungalow from the swarms of winged creatures. The noise woke the mater up. She had been dreaming of the absent children who were so seldom mentioned, Ralph and Stella, and did not at first grasp what was required of her. She too had become used to thoughtful procrastination, and felt alarmed when it came to an end. When the announcement was over, he made a gracious and honest remark. “Look here, both of you, see India if you like and as you like—I know I made myself rather ridiculous at Fielding’s, but . . . it’s different now. I wasn’t quite sure of myself.” “My duties here are evidently finished, I don’t want to see India now; now for my passage back,” was Mrs. Moore’s thought. She reminded herself of all that a happy marriage means, and of her own happy marriages, one of which had produced Ronny. Adela’s parents had also been happily married, and excellent it was to see the incident repeated by the younger generation. On and on! the
  • 28. number of such unions would certainly increase as education spread and ideals grew loftier, and characters firmer. But she was tired by her visit to Government College, her feet ached, Mr. Fielding had walked too fast and far, the young people had annoyed her in the tum-tum, and given her to suppose they were breaking with each other, and though it was all right now she could not speak as enthusiastically of wedlock or of anything as she should have done. Ronny was suited, now she must go home and help the others, if they wished. She was past marrying herself, even unhappily; her function was to help others, her reward to be informed that she was sympathetic. Elderly ladies must not expect more than this. They dined alone. There was much pleasant and affectionate talk about the future. Later on they spoke of passing events, and Ronny reviewed and recounted the day from his own point of view. It was a different day from the women’s, because while they had enjoyed themselves or thought, he had worked. Mohurram was approaching, and as usual the Chandrapore Mohammedans were building paper towers of a size too large to pass under the branches of a certain pepul tree. One knew what happened next; the tower stuck, a Mohammedan climbed up the pepul and cut the branch off, the Hindus protested, there was a religious riot, and Heaven knew what, with perhaps the troops sent for. There had been deputations and conciliation committees under the auspices of Turton, and all the normal work of Chandrapore had been hung up. Should the procession take another route, or should the towers be shorter? The Mohammedans offered the former, the Hindus insisted on the latter. The Collector had favoured the Hindus, until he suspected that they had artificially bent the tree nearer the ground. They said it sagged naturally. Measurements, plans, an official visit to the spot. But Ronny had not disliked his day, for it proved that the British were necessary to India; there would certainly have been bloodshed without them. His voice grew complacent again; he was here not to be pleasant but to keep the peace, and now that Adela had promised to be his wife, she was sure to understand.
  • 29. “What does our old gentleman of the car think?” she asked, and her negligent tone was exactly what he desired. “Our old gentleman is helpful and sound, as he always is over public affairs. You’ve seen in him our show Indian.” “Have I really?” “I’m afraid so. Incredible, aren’t they, even the best of them? They’re all—they all forget their back collar studs sooner or later. You’ve had to do with three sets of Indians to-day, the Bhattacharyas, Aziz, and this chap, and it really isn’t a coincidence that they’ve all let you down.” “I like Aziz, Aziz is my real friend,” Mrs. Moore interposed. “When the animal runs into us the Nawab loses his head, deserts his unfortunate chauffeur, intrudes upon Miss Derek . . . no great crimes, no great crimes, but no white man would have done it.” “What animal?” “Oh, we had a small accident on the Marabar road. Adela thinks it was a hyena.” “An accident?” she cried. “Nothing; no one hurt. Our excellent host awoke much rattled from his dreams, appeared to think it was our fault, and chanted exactly, exactly.” Mrs. Moore shivered, “A ghost!” But the idea of a ghost scarcely passed her lips. The young people did not take it up, being occupied with their own outlooks, and deprived of support it perished, or was reabsorbed into the part of the mind that seldom speaks.
  • 30. “Yes, nothing criminal,” Ronny summed up, “but there’s the native, and there’s one of the reasons why we don’t admit him to our clubs, and how a decent girl like Miss Derek can take service under natives puzzles me. . . . But I must get on with my work. Krishna!” Krishna was the peon who should have brought the files from his office. He had not turned up, and a terrific row ensued. Ronny stormed, shouted, howled, and only the experienced observer could tell that he was not angry, did not much want the files, and only made a row because it was the custom. Servants, quite understanding, ran slowly in circles, carrying hurricane lamps. Krishna the earth, Krishna the stars replied, until the Englishman was appeased by their echoes, fined the absent peon eight annas, and sat down to his arrears in the next room. “Will you play Patience with your future mother-in-law, dear Adela, or does it seem too tame?” “I should like to—I don’t feel a bit excited—I’m just glad it’s settled up at last, but I’m not conscious of vast changes. We are all three the same people still.” “That’s much the best feeling to have.” She dealt out the first row of “demon.” “I suppose so,” said the girl thoughtfully. “I feared at Mr. Fielding’s that it might be settled the other way . . . black knave on a red queen. . . .” They chatted gently about the game. Presently Adela said: “You heard me tell Aziz and Godbole I wasn’t stopping in their country. I didn’t mean it, so why did I say it? I feel I haven’t been—frank enough, attentive enough, or something. It’s as if I got everything out of proportion. You have been so very good to me, and I meant to be good when I sailed, but somehow I haven’t been. . . . Mrs. Moore, if one isn’t absolutely honest, what is the use of existing?”
  • 31. She continued to lay out her cards. The words were obscure, but she understood the uneasiness that produced them. She had experienced it twice herself, during her own engagements—this vague contrition and doubt. All had come right enough afterwards and doubtless would this time—marriage makes most things right enough. “I wouldn’t worry,” she said. “It’s partly the odd surroundings; you and I keep on attending to trifles instead of what’s important; we are what the people here call ‘new.’” “You mean that my bothers are mixed up with India?” “India’s——” She stopped. “What made you call it a ghost?” “Call what a ghost?” “The animal thing that hit us. Didn’t you say ‘Oh, a ghost,’ in passing.” “I couldn’t have been thinking of what I was saying.” “It was probably a hyena, as a matter of fact.” “Ah, very likely.” And they went on with their Patience. Down in Chandrapore the Nawab Bahadur waited for his car. He sat behind his town house (a small unfurnished building which he rarely entered) in the midst of the little court that always improvises itself round Indians of position. As if turbans were the natural product of darkness a fresh one would occasionally froth to the front, incline itself towards him, and retire. He was preoccupied, his diction was appropriate to a religious subject. Nine years previously, when first he had had a car, he had driven it over a drunken man and killed him, and the man had been waiting for him ever since. The Nawab Bahadur was innocent before God and the Law, he had paid double the compensation necessary;
  • 32. but it was no use, the man continued to wait in an unspeakable form, close to the scene of his death. None of the English people knew of this, nor did the chauffeur; it was a racial secret communicable more by blood than speech. He spoke now in horror of the particular circumstances; he had led others into danger, he had risked the lives of two innocent and honoured guests. He repeated, “If I had been killed, what matter? it must happen sometime; but they who trusted me——” The company shuddered and invoked the mercy of God. Only Aziz held aloof, because a personal experience restrained him: was it not by despising ghosts that he had come to know Mrs. Moore? “You know, Nureddin,” he whispered to the grandson—an effeminate youth whom he seldom met, always liked, and invariably forgot —“you know, my dear fellow, we Moslems simply must get rid of these superstitions, or India will never advance. How long must I hear of the savage pig upon the Marabar Road?” Nureddin looked down. Aziz continued: “Your grandfather belongs to another generation, and I respect and love the old gentleman, as you know. I say nothing against him, only that it is wrong for us, because we are young. I want you to promise me—Nureddin, are you listening? —not to believe in Evil Spirits, and if I die (for my health grows very weak) to bring up my three children to disbelieve in them too.” Nureddin smiled, and a suitable answer rose to his pretty lips, but before he could make it the car arrived, and his grandfather took him away. The game of Patience up in the civil lines went on longer than this. Mrs. Moore continued to murmur “Red ten on a black knave,” Miss Quested to assist her, and to intersperse among the intricacies of the play details about the hyena, the engagement, the Maharani of Mudkul, the Bhattacharyas, and the day generally, whose rough desiccated surface acquired as it receded a definite outline, as India itself might, could it be viewed from the moon. Presently the players went to bed, but not before other people had woken up elsewhere, people whose emotions they could not share, and whose existence
  • 33. they ignored. Never tranquil, never perfectly dark, the night wore itself away, distinguished from other nights by two or three blasts of wind, which seemed to fall perpendicularly out of the sky and to bounce back into it, hard and compact, leaving no freshness behind them: the hot weather was approaching.
  • 34. CHAPTER IX Aziz fell ill as he foretold—slightly ill. Three days later he lay abed in his bungalow, pretending to be very ill. It was a touch of fever, which he would have neglected if there was anything important at the hospital. Now and then he groaned and thought he should die, but did not think so for long, and a very little diverted him. It was Sunday, always an equivocal day in the East, and an excuse for slacking. He could hear church bells as he drowsed, both from the civil station and from the missionaries out beyond the slaughter house—different bells and rung with different intent, for one set was calling firmly to Anglo-India, and the other feebly to mankind. He did not object to the first set; the other he ignored, knowing their inefficiency. Old Mr. Graysford and young Mr. Sorley made converts during a famine, because they distributed food; but when times improved they were naturally left alone again, and though surprised and aggrieved each time this happened, they never learnt wisdom. “No Englishman understands us except Mr. Fielding,” he thought; “but how shall I see him again? If he entered this room the disgrace of it would kill me.” He called to Hassan to clear up, but Hassan, who was testing his wages by ringing them on the step of the verandah, found it possible not to hear him; heard and didn’t hear, just as Aziz had called and hadn’t called. “That’s India all over . . . how like us . . . there we are . . .” He dozed again, and his thoughts wandered over the varied surface of life. Gradually they steadied upon a certain spot—the Bottomless Pit according to missionaries, but he had never regarded it as more than a dimple. Yes, he did want to spend an evening with some girls, singing and all that, the vague jollity that would culminate in voluptuousness. Yes, that was what he did want. How could it be
  • 35. managed? If Major Callendar had been an Indian, he would have remembered what young men are, and granted two or three days’ leave to Calcutta without asking questions. But the Major assumed either that his subordinates were made of ice, or that they repaired to the Chandrapore bazaars—disgusting ideas both. It was only Mr. Fielding who—— “Hassan!” The servant came running. “Look at those flies, brother;” and he pointed to the horrible mass that hung from the ceiling. The nucleus was a wire which had been inserted as a homage to electricity. Electricity had paid no attention, and a colony of eye-flies had come instead and blackened the coils with their bodies. “Huzoor, those are flies.” “Good, good, they are, excellent, but why have I called you?” “To drive them elsewhere,” said Hassan, after painful thought. “Driven elsewhere, they always return.” “Huzoor.” “You must make some arrangement against flies; that is why you are my servant,” said Aziz gently. Hassan would call the little boy to borrow the step-ladder from Mahmoud Ali’s house; he would order the cook to light the Primus stove and heat water; he would personally ascend the steps with a bucket in his arms, and dip the end of the coil into it. “Good, very good. Now what have you to do?” “Kill flies.”
  • 36. “Good. Do it.” Hassan withdrew, the plan almost lodged in his head, and began to look for the little boy. Not finding him, his steps grew slower, and he stole back to his post on the verandah, but did not go on testing his rupees, in case his master heard them clink. On twittered the Sunday bells; the East had returned to the East via the suburbs of England, and had become ridiculous during the detour. Aziz continued to think about beautiful women. His mind here was hard and direct, though not brutal. He had learnt all he needed concerning his own constitution many years ago, thanks to the social order into which he had been born, and when he came to study medicine he was repelled by the pedantry and fuss with which Europe tabulates the facts of sex. Science seemed to discuss everything from the wrong end. It didn’t interpret his experiences when he found them in a German manual, because by being there they ceased to be his experiences. What he had been told by his father or mother or had picked up from servants—it was information of that sort that he found useful, and handed on as occasion offered to others. But he must not bring any disgrace on his children by some silly escapade. Imagine if it got about that he was not respectable! His professional position too must be considered, whatever Major Callendar thought. Aziz upheld the proprieties, though he did not invest them with any moral halo, and it was here that he chiefly differed from an Englishman. His conventions were social. There is no harm in deceiving society as long as she does not find you out, because it is only when she finds you out that you have harmed her; she is not like a friend or God, who are injured by the mere existence of unfaithfulness. Quite clear about this, he meditated what type of lie he should tell to get away to Calcutta, and had thought of a man there who could be trusted to send him a wire and a letter that he could show to Major Callendar, when the noise of
  • 37. wheels was heard in his compound. Someone had called to enquire. The thought of sympathy increased his fever, and with a sincere groan he wrapped himself in his quilt. “Aziz, my dear fellow, we are greatly concerned,” said Hamidullah’s voice. One, two, three, four bumps, as people sat down upon his bed. “When a doctor falls ill it is a serious matter,” said the voice of Mr. Syed Mohammed, the assistant engineer. “When an engineer falls ill, it is equally important,” said the voice of Mr. Haq, a police inspector. “Oh yes, we are all jolly important, our salaries prove it.” “Dr. Aziz took tea with our Principal last Thursday afternoon,” piped Rafi, the engineer’s nephew. “Professor Godbole, who also attended, has sickened too, which seems rather a curious thing, sir, does it not?” Flames of suspicion leapt up in the breast of each man. “Humbug!” exclaimed Hamidullah, in authoritative tones, quenching them. “Humbug, most certainly,” echoed the others, ashamed of themselves. The wicked schoolboy, having failed to start a scandal, lost confidence and stood up with his back to the wall. “Is Professor Godbole ill?” enquired Aziz, penetrated by the news. “I am sincerely sorry.” Intelligent and compassionate, his face peeped out of the bright crimson folds of the quilt. “How do you do, Mr. Syed Mohammed, Mr. Haq? How very kind of you to enquire after my health! How do you do, Hamidullah? But you bring me bad news. What is wrong with him, the excellent fellow?”
  • 38. “Why don’t you answer, Rafi? You’re the great authority,” said his uncle. “Yes, Rafi’s the great man,” said Hamidullah, rubbing it in. “Rafi is the Sherlock Holmes of Chandrapore. Speak up, Rafi.” Less than the dust, the schoolboy murmured the word “Diarrhœa,” but took courage as soon as it had been uttered, for it improved his position. Flames of suspicion shot up again in the breasts of his elders, though in a different direction. Could what was called diarrhœa really be an early case of cholera? “If this is so, this is a very serious thing: this is scarcely the end of March. Why have I not been informed?” cried Aziz. “Dr. Panna Lal attends him, sir.” “Oh yes, both Hindus; there we have it; they hang together like flies and keep everything dark. Rafi, come here. Sit down. Tell me all the details. Is there vomiting also?” “Oh yes indeed, sir, and the serious pains.” “That settles it. In twenty-four hours he will be dead.” Everybody looked and felt shocked, but Professor Godbole had diminished his appeal by linking himself with a co-religionist. He moved them less than when he had appeared as a suffering individual. Before long they began to condemn him as a source of infection. “All illness proceeds from Hindus,” Mr. Haq said. Mr. Syed Mohammed had visited religious fairs, at Allahabad and at Ujjain, and described them with biting scorn. At Allahabad there was flowing water, which carried impurities away, but at Ujjain the little river Sipra was banked up, and thousands of bathers deposited their germs in the pool. He spoke with disgust of the hot sun, the cow- dung and marigold flowers, and the encampment of saddhus, some of whom strode stark naked through the streets. Asked what was
  • 39. the name of the chief idol at Ujjain, he replied that he did not know, he had disdained to enquire, he really could not waste his time over such trivialities. His outburst took some time, and in his excitement he fell into Punjabi (he came from that side) and was unintelligible. Aziz liked to hear his religion praised. It soothed the surface of his mind, and allowed beautiful images to form beneath. When the engineer’s noisy tirade was finished, he said, “That is exactly my own view.” He held up his hand, palm outward, his eyes began to glow, his heart to fill with tenderness. Issuing still farther from his quilt, he recited a poem by Ghalib. It had no connection with anything that had gone before, but it came from his heart and spoke to theirs. They were overwhelmed by its pathos; pathos, they agreed, is the highest quality in art; a poem should touch the hearer with a sense of his own weakness, and should institute some comparison between mankind and flowers. The squalid bedroom grew quiet; the silly intrigues, the gossip, the shallow discontent were stilled, while words accepted as immortal filled the indifferent air. Not as a call to battle, but as a calm assurance came the feeling that India was one; Moslem; always had been; an assurance that lasted until they looked out of the door. Whatever Ghalib had felt, he had anyhow lived in India, and this consolidated it for them: he had gone with his own tulips and roses, but tulips and roses do not go. And the sister kingdoms of the north—Arabia, Persia, Ferghana, Turkestan—stretched out their hands as he sang, sadly, because all beauty is sad, and greeted ridiculous Chandrapore, where every street and house was divided against itself, and told her that she was a continent and a unity. Of the company, only Hamidullah had any comprehension of poetry. The minds of the others were inferior and rough. Yet they listened with pleasure, because literature had not been divorced from their civilization. The police inspector, for instance, did not feel that Aziz had degraded himself by reciting, nor break into the cheery guffaw with which an Englishman averts the infection of beauty. He just sat with his mind empty, and when his thoughts, which were
  • 40. mainly ignoble, flowed back into it they had a pleasant freshness. The poem had done no “good” to anyone, but it was a passing reminder, a breath from the divine lips of beauty, a nightingale between two worlds of dust. Less explicit than the call to Krishna, it voiced our loneliness nevertheless, our isolation, our need for the Friend who never comes yet is not entirely disproved. Aziz it left thinking about women again, but in a different way: less definite, more intense. Sometimes poetry had this effect on him, sometimes it only increased his local desires, and he never knew beforehand which effect would ensue: he could discover no rule for this or for anything else in life. Hamidullah had called in on his way to a worrying committee of notables, nationalist in tendency, where Hindus, Moslems, two Sikhs, two Parsis, a Jain, and a Native Christian tried to like one another more than came natural to them. As long as someone abused the English, all went well, but nothing constructive had been achieved, and if the English were to leave India, the committee would vanish also. He was glad that Aziz, whom he loved and whose family was connected with his own, took no interest in politics, which ruin the character and career, yet nothing can be achieved without them. He thought of Cambridge—sadly, as of another poem that had ended. How happy he had been there, twenty years ago! Politics had not mattered in Mr. and Mrs. Bannister’s rectory. There, games, work, and pleasant society had interwoven, and appeared to be sufficient substructure for a national life. Here all was wire-pulling and fear. Messrs. Syed Mohammed and Haq—he couldn’t even trust them, although they had come in his carriage, and the schoolboy was a scorpion. Bending down, he said, “Aziz, Aziz, my dear boy, we must be going, we are already late. Get well quickly, for I do not know what our little circle would do without you.” “I shall not forget those affectionate words,” replied Aziz. “Add mine to them,” said the engineer.
  • 41. “Thank you, Mr. Syed Mohammed, I will.” “And mine,” “And, sir, accept mine,” cried the others, stirred each according to his capacity towards goodwill. Little ineffectual unquenchable flames! The company continued to sit on the bed and to chew sugarcane, which Hassan had run for into the bazaar, and Aziz drank a cup of spiced milk. Presently there was the sound of another carriage. Dr. Panna Lal had arrived, driven by horrid Mr. Ram Chand. The atmosphere of a sick-room was at once re-established, and the invalid retired under his quilt. “Gentlemen, you will excuse, I have come to enquire by Major Callendar’s orders,” said the Hindu, nervous of the den of fanatics into which his curiosity had called him. “Here he lies,” said Hamidullah, indicating the prostrate form. “Dr. Aziz, Dr, Aziz, I come to enquire.” Aziz presented an expressionless face to the thermometer. “Your hand also, please.” He took it, gazed at the flies on the ceiling, and finally announced “Some temperature.” “I think not much,” said Ram Chand, desirous of fomenting trouble. “Some; he should remain in bed,” repeated Dr. Panna Lal, and shook the thermometer down, so that its altitude remained for ever unknown. He loathed his young colleague since the disasters with Dapple, and he would have liked to do him a bad turn and report to Major Callendar that he was shamming. But he might want a day in bed himself soon,—besides, though Major Callendar always believed the worst of natives, he never believed them when they carried tales about one another. Sympathy seemed the safer course. “How is stomach?” he enquired, “how head?” And catching sight of the empty cup, he recommended a milk diet.
  • 42. “This is a great relief to us, it is very good of you to call, Doctor Sahib,” said Hamidullah, buttering him up a bit. “It is only my duty.” “We know how busy you are.” “Yes, that is true.” “And how much illness there is in the city.” The doctor suspected a trap in this remark; if he admitted that there was or was not illness, either statement might be used against him. “There is always illness,” he replied, “and I am always busy—it is a doctor’s nature.” “He has not a minute, he is due double sharp at Government College now,” said Ram Chand. “You attend Professor Godbole there perhaps?” The doctor looked professional and was silent. “We hope his diarrhœa is ceasing.” “He progresses, but not from diarrhœa.” “We are in some anxiety over him—he and Dr. Aziz are great friends. If you could tell us the name of his complaint we should be grateful to you.” After a cautious pause he said, “Hæmorrhoids.” “And so much, my dear Rafi, for your cholera,” hooted Aziz, unable to restrain himself. “Cholera, cholera, what next, what now?” cried the doctor, greatly fussed. “Who spreads such untrue reports about my patients?”
  • 43. Hamidullah pointed to the culprit. “I hear cholera, I hear bubonic plague, I hear every species of lie. Where will it end, I ask myself sometimes. This city is full of misstatements, and the originators of them ought to be discovered and punished authoritatively.” “Rafi, do you hear that? Now why do you stuff us up with all this humbug?” The schoolboy murmured that another boy had told him, also that the bad English grammar the Government obliged them to use often gave the wrong meaning for words, and so led scholars into mistakes. “That is no reason you should bring a charge against a doctor,” said Ram Chand. “Exactly, exactly,” agreed Hamidullah, anxious to avoid an unpleasantness. Quarrels spread so quickly and so far, and Messrs. Syed Mohammed and Haq looked cross, and ready to fly out. “You must apologize properly, Rafi, I can see your uncle wishes it,” he said. “You have not yet said that you are sorry for the trouble you have caused this gentleman by your carelessness.” “It is only a boy,” said Dr. Panna Lal, appeased. “Even boys must learn,” said Ram Chand. “Your own son failing to pass the lowest standard, I think,” said Syed Mohammed suddenly. “Oh, indeed? Oh yes, perhaps. He has not the advantage of a relative in the Prosperity Printing Press.” “Nor you the advantage of conducting their cases in the Courts any longer.”
  • 44. Their voices rose. They attacked one another with obscure allusions and had a silly quarrel. Hamidullah and the doctor tried to make peace between them. In the midst of the din someone said, “I say! Is he ill or isn’t he ill?” Mr. Fielding had entered unobserved. All rose to their feet, and Hassan, to do an Englishman honour, struck with a sugar-cane at the coil of flies. Aziz said, “Sit down,” coldly. What a room! What a meeting! Squalor and ugly talk, the floor strewn with fragments of cane and nuts, and spotted with ink, the pictures crooked upon the dirty walls, no punkah! He hadn’t meant to live like this or among these third- rate people. And in his confusion he thought only of the insignificant Rafi, whom he had laughed at, and allowed to be teased. The boy must be sent away happy, or hospitality would have failed, along the whole line. “It is good of Mr. Fielding to condescend to visit our friend,” said the police inspector. “We are touched by this great kindness.” “Don’t talk to him like that, he doesn’t want it, and he doesn’t want three chairs; he’s not three Englishmen,” he flashed. “Rafi, come here. Sit down again. I’m delighted you could come with Mr. Hamidullah, my dear boy; it will help me to recover, seeing you.” “Forgive my mistakes,” said Rafi, to consolidate himself. “Well, are you ill, Aziz, or aren’t you?” Fielding repeated. “No doubt Major Callendar has told you that I am shamming.” “Well, are you?” The company laughed, friendly and pleased. “An Englishman at his best,” they thought; “so genial.” “Enquire from Dr. Panna Lal.” “You’re sure I don’t tire you by stopping?”
  • 45. “Why, no! There are six people present in my small room already. Please remain seated, if you will excuse the informality.” He turned away and continued to address Rafi, who was terrified at the arrival of his Principal, remembered that he had tried to spread slander about him, and yearned to get away. “He is ill and he is not ill,” said Hamidullah, offering a cigarette. “And I suppose that most of us are in that same case.” Fielding agreed; he and the pleasant sensitive barrister got on well. They were fairly intimate and beginning to trust each other. “The whole world looks to be dying, still it doesn’t die, so we must assume the existence of a beneficent Providence.” “Oh, that is true, how true!” said the policeman, thinking religion had been praised. “Does Mr. Fielding think it’s true?” “Think which true? The world isn’t dying. I’m certain of that!” “No, no—the existence of Providence.” “Well, I don’t believe in Providence.” “But how then can you believe in God?” asked Syed Mohammed. “I don’t believe in God.” A tiny movement as of “I told you so!” passed round the company, and Aziz looked up for an instant, scandalized. “Is it correct that most are atheists in England now?” Hamidullah enquired. “The educated thoughtful people? I should say so, though they don’t like the name. The truth is that the West doesn’t bother much over belief and disbelief in these days. Fifty years ago, or even when you and I were young, much more fuss was made.”
  • 46. “And does not morality also decline?” “It depends what you call—yes, yes, I suppose morality does decline.” “Excuse the question, but if this is the case, how is England justified in holding India?” There they were! Politics again. “It’s a question I can’t get my mind on to,” he replied. “I’m out here personally because I needed a job. I cannot tell you why England is here or whether she ought to be here. It’s beyond me.” “Well-qualified Indians also need jobs in the educational.” “I guess they do; I got in first,” said Fielding, smiling. “Then excuse me again—is it fair an Englishman should occupy one when Indians are available? Of course I mean nothing personally. Personally we are delighted you should be here, and we benefit greatly by this frank talk.” There is only one answer to a conversation of this type: “England holds India for her good.” Yet Fielding was disinclined to give it. The zeal for honesty had eaten him up. He said, “I’m delighted to be here too—that’s my answer, there’s my only excuse. I can’t tell you anything about fairness. It mayn’t have been fair I should have been born. I take up some other fellow’s air, don’t I, whenever I breathe? Still, I’m glad it’s happened, and I’m glad I’m out here. However big a badmash one is—if one’s happy in consequence, that is some justification.” The Indians were bewildered. The line of thought was not alien to them, but the words were too definite and bleak. Unless a sentence paid a few compliments to Justice and Morality in passing, its grammar wounded their ears and paralysed their minds. What they said and what they felt were (except in the case of affection) seldom
  • 47. the same. They had numerous mental conventions and when these were flouted they found it very difficult to function. Hamidullah bore up best. “And those Englishmen who are not delighted to be in India —have they no excuse?” he asked. “None. Chuck ’em out.” “It may be difficult to separate them from the rest,” he laughed. “Worse than difficult, wrong,” said Mr. Ram Chand. “No Indian gentleman approves chucking out as a proper thing. Here we differ from those other nations. We are so spiritual.” “Oh that is true, how true!” said the police inspector. “Is it true, Mr. Haq? I don’t consider us spiritual. We can’t co- ordinate, we can’t co-ordinate, it only comes to that. We can’t keep engagements, we can’t catch trains. What more than this is the so- called spirituality of India? You and I ought to be at the Committee of Notables, we’re not; our friend Dr. Lal ought to be with his patients, he isn’t. So we go on, and so we shall continue to go, I think, until the end of time.” “It is not the end of time, it is scarcely ten-thirty, ha, ha!” cried Dr. Panna Lal, who was again in confident mood. “Gentlemen, if I may be allowed to say a few words, what an interesting talk, also thankfulness and gratitude to Mr. Fielding in the first place teaches our sons and gives them all the great benefits of his experience and judgment——” “Dr. Lal!” “Dr. Aziz?” “You sit on my leg.” “I beg pardon, but some might say your leg kicks.”
  • 48. “Come along, we tire the invalid in either case,” said Fielding, and they filed out—four Mohammedans, two Hindus and the Englishman. They stood on the verandah while their conveyances were summoned out of various patches of shade. “Aziz has a high opinion of you, he only did not speak because of his illness.” “I quite understand,” said Fielding, who was rather disappointed with his call. The Club comment, “making himself cheap as usual,” passed through his mind. He couldn’t even get his horse brought up. He had liked Aziz so much at their first meeting, and had hoped for developments.
  • 49. CHAPTER X The heat had leapt forward in the last hour, the street was deserted as if a catastrophe had cleaned off humanity during the inconclusive talk. Opposite Aziz’ bungalow stood a large unfinished house belonging to two brothers, astrologers, and a squirrel hung head-downwards on it, pressing its belly against burning scaffolding and twitching a mangy tail. It seemed the only occupant of the house, and the squeals it gave were in tune with the infinite, no doubt, but not attractive except to other squirrels. More noises came from a dusty tree, where brown birds creaked and floundered about looking for insects; another bird, the invisible coppersmith, had started his “ponk ponk.” It matters so little to the majority of living beings what the minority, that calls itself human, desires or decides. Most of the inhabitants of India do not mind how India is governed. Nor are the lower animals of England concerned about England, but in the tropics the indifference is more prominent, the inarticulate world is closer at hand and readier to resume control as soon as men are tired. When the seven gentlemen who had held such various opinions inside the bungalow came out of it, they were aware of a common burden, a vague threat which they called “the bad weather coming.” They felt that they could not do their work, or would not be paid enough for doing it. The space between them and their carriages, instead of being empty, was clogged with a medium that pressed against their flesh, the carriage cushions scalded their trousers, their eyes pricked, domes of hot water accumulated under their head-gear and poured down their cheeks. Salaaming feebly, they dispersed for the interior of other bungalows, to recover their self-esteem and the qualities that distinguished them from each other.
  • 50. All over the city and over much of India the same retreat on the part of humanity was beginning, into cellars, up hills, under trees. April, herald of horrors, is at hand. The sun was returning to his kingdom with power but without beauty—that was the sinister feature. If only there had been beauty! His cruelty would have been tolerable then. Through excess of light, he failed to triumph, he also; in his yellowy-white overflow not only matter, but brightness itself lay drowned. He was not the unattainable friend, either of men or birds or other suns, he was not the eternal promise, the never- withdrawn suggestion that haunts our consciousness; he was merely a creature, like the rest, and so debarred from glory.
  • 51. CHAPTER XI Although the Indians had driven off, and Fielding could see his horse standing in a small shed in the corner of the compound, no one troubled to bring it to him. He started to get it himself, but was stopped by a call from the house. Aziz was sitting up in bed, looking dishevelled and sad. “Here’s your home,” he said sardonically. “Here’s the celebrated hospitality of the East. Look at the flies. Look at the chunam coming off the walls. Isn’t it jolly? Now I suppose you want to be off, having seen an Oriental interior.” “Anyhow, you want to rest.” “I can rest the whole day, thanks to worthy Dr. Lal. Major Callendar’s spy, I suppose you know, but this time it didn’t work. I am allowed to have a slight temperature.” “Callendar doesn’t trust anyone, English or Indian: that’s his character, and I wish you weren’t under him; but you are, and that’s that.” “Before you go, for you are evidently in a great hurry, will you please unlock that drawer? Do you see a piece of brown paper at the top?” “Yes.” “Open it.” “Who is this?”
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