United States of America country brief

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							             United States of America
             country brief

             contents
             overview ............................................................................... 2
             key economic indicators .................................................... 3
             politics .................................................................................. 3
             imports and exports............................................................ 6
             sector opportunities............................................................ 8
             market entry......................................................................... 9
             freight ................................................................................. 13
             doing business in the united states ................................ 14
             visa requirements and immigration ................................ 15
             time difference................................................................... 15
             contacts.............................................................................. 16
             useful websites.................................................................. 17




             This document is one of a series of free information tools for exporters produced by New Zealand
             Trade and Enterprise. New Zealand Trade and Enterprise provides a wide range of standard
             services and sophisticated solutions that assist businesses through every stage of the export
     USA     process.
  Country
    Brief    For information or advice, phone New Zealand Trade and Enterprise on 0800 555 888, visit
             www.nzte.govt.nz, or contact your Client Manager.
March 2006



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             overview
             The United States has a powerful, diverse and technologically advanced economy. It is the
             richest economy in the world and its GDP accounts for about 25 percent of the global GDP. The
             US is arguably the nation with the most global economic influence.

             Partly, the US strength lies in its size and market diversity. Besides having a variety of natural
             resources, including both petroleum/natural gas and ores, it also has an agricultural sector, a
             developed industrial base, a growing service sector, dominance in high technology and a skilled
             and educated labour market.

             Currently, US regional growth is predominantly in the Southwest (California, Arizona, New
             Mexico, Texas, Nevada, Utah and Colorado) and in Florida. Current growth sectors include
             defence and aerospace, software and high technology, biotechnology, and the service sector.
             The US government and the states’ governments are some of the largest purchasers in the
             economy, as are large corporations.


             US Economic Mix
             The US has one of the most advanced economies in the world and leads the way in the
             information technology revolution and in many other areas of technical innovation. Its
             manufacturing base accounted for around 12 percent of GDP in 2005 down whereas its
             agricultural sector, while small, is still very productive.

             The US is by far the world’s leading economic power with a GDP totalling USD$13 trillion in
             2005; assuming international purchasing power parity (PPP), this was three times the size of
             Japan’s output, almost five times the size of Germany’s, more than six times the size of the
             United Kingdom’s, and China’s is rapidly growing at over 5 percent growth per year, should reach
             the US within the next decade and a half. Although the volume of its exports and imports
             exceeds that of any other country, the value of the US’s external sector as a percentage of its
             GDP is comparatively low. Exports of goods and services accounted for only 9.2 percent of GDP
             in 2005, down from 10.3 percent the previous year.

             The US has an exceptionally diverse economy and is self-sufficient in most raw materials, with
             the notable exception of oil even though it has its reserves available in Alaska. Leading industries
             include motor vehicles, aerospace and defence, telecommunications, chemicals, electronics, and
             computers and software. In the 1990s some traditional manufacturing sectors grew strongly by
             embracing new technology and increasing labour productivity. Other sectors have struggled and
             have relied increasingly on imported components and even finished products.

             Services accounted for 60 percent of GDP in 2005, up 6 percent since 2000, with distributive
             trades, real estate, transport, finance, healthcare and business services being the most
             important. The impact of new technology has also been felt in the services sector, especially in
             the delivery of many services over the Internet. In this economic mix, driven by information and
             communications technology, it is becoming increasingly difficult to distinguish between services
             and manufacturing in the traditional sense. Outsourcing to India, China and other larger
             developing nations has become a political and economic issue in recent times.

             The US Census Bureau now publishes a more detailed classification of service-producing
             activities, including 47 industries in professional, scientific and technical services and 34
             information industries in information services.

             Sources: The Economist, Washington Post and the US Census Bureau

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             key economic indicators

                     Economic Indicator      United States
                               Population    288.4 million (as of July 1, 2004 – based on US Census Bureau)
                                     GDP     US$11.6 trillion (2005, Economist Intelligence Unit)
                        GDP Growth Rate      Approximately 1.1% annualised (as at Q4, 2005)
                          GDP Per Capita     US$36, 406 (2004, US Bureau of Economic Analysis)
                    - Median Real Income     US$42, 000 (2004, Economist Intelligence Unit)

                     - Disposable Income     US$26, 400 (2005, US Dept Commerce)

                  - Personal Consumption
                              Expenditure    US$25, 310 (2005, US Dept Commerce)

                  Consumer Price Inflation   1.3% (2006 – using the Moore Inflation predictor)
                             Total Imports   US$1,996.9 billion
                             Total Exports   US$1272.1 billion
                 Current Account Balance     - USD$665 billion (as of July 2005; about 6% of GDP)
                     Exchange Rate: NZ$      1NZD$ = USD$0.6657 (as at Friday, 3 March 2006)
                  Purchasing Power Parity    NZD 5% undervalued against USD (Economist “Big Mac Index”
                                             January 2006)




             Economic Overview
             The United States has recovered from a recession and growth has been slow but steady since
             the previous country brief in 2004. The recovery has been led in part by a real-estate bubble and
             military spending on the wars in Afghanistan and Iraq. The US was also hit by several strong
             hurricanes in the 2005 season, which slowed supply of gasoline.

             Unemployment is currently at 4.6 percent (Bureau of Labor Statistics – 6 February 2006), the
             lowest since 11 September 2001.

             The price of energy in the US has sky-rocketed since the last update and crude oil is currently
             trading at US$64 a barrel (February 2006). Although this has not impacted consumer spending, it
             has impacted businesses that rely on transportation of goods and raw-materials, and the airline
             industry.

             The Federal Reserve increased interest rates and as at February 2006, were 4.5 percent. This
             has been done to cool high US productivity, in an economy that has reached capacity. It has also
             affected exchange rates between New Zealand and the US.




             politics


             Overview
     USA
  Country    The United States is a Federal Republic with a written Constitution, comprising 50 states, 1
    Brief    district (District of Columbia) and 1 Protectorate (Puerto Rico). Its traditions are largely
             democratic, with universal suffrage for those 18 and older. The government is broken down into
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             three branches, with the intent of “checks-and-balances”. It comprises an Executive, which
             encompasses the President and his appointed cabinet; the Legislature, comprised of a bicameral
             Congress (a House of Representatives and a Senate – where bills can originate in each); and a
             Judiciary, headed by the US Supreme Court which is the court of review and maintains supreme
             interpretative powers of the US Constitution.



             The US Constitution

             The US Constitution of 1787 is based on a federal republic and the principle of the separation of
             powers between the three branches of government. The Executive (the presidency and affiliated
             offices), the legislature (Congress) and the Judiciary (the Supreme Court and auxiliary federal
             courts) consequently act independently. The Constitution states unambiguously that certain
             matters are meant to be overseen by the federal level of government; these are foreign affairs,
             national defence, and maintenance of the currency and the regulation of interstate commerce.
             State executives, legislatures and courts deal with issues not cited in the constitution as federal
             matters. Thus state law covers such things as criminal law, civil law, the chartering of many types
             of business, labour, education and charities. Below the level of state governments there are city
             and county governments. Each of the 50 states of the Union has a separate constitution and an
             associated division of power across the three branches of government.

             The practice of federalism tends to vary according to whether a Democrat or a Republican holds
             the presidency. Democrats since the 1930s have typically favoured “co-operative federalism”,
             under which all states are offered subsidisation of welfare, education and various other
             programmes in return for following policies set at the national level. Republicans usually adhere
             to the classical view of federalism—the belief that federal and state governments are two
             separate streams of government, which, as far as possible, ought to raise their own revenue to
             finance respective government expenditure.



             The Executive Branch

             The President must be a US citizen by birth, at least 35 years old, and have been resident in the
             US for at least 14 years. A presidential election is held every leap year on the day after the first
             Monday in November. The president’s period in office is limited to two terms of four years each.
             In the case of the death, resignation, removal or failure to qualify of the elected individual, the
             presidency passes to the vice-president, then to the speaker of the House of Representatives,
             then to the acting president of the Senate.

             The Executive Office of the President, which is based in the White House, includes senior policy
             advisers and offices responsible for the president’s correspondence and communications, the
             Office of the Vice-President, the Office of the First Lady and the office of the vice-president’s
             spouse.

             The president nominates prospective members of the cabinet, each of whom then faces a
             confirmation hearing by the Senate. Cabinet secretaries head the respective government
             departments, which collectively constitute the national administration, and include agriculture,
             commerce, defence, education, energy, health and human services, homeland security, housing
             and urban development, interior, justice, labour, state (i.e. foreign affairs), transportation,
             Treasury and veterans’ affairs.



             The Legislative Branch
     USA     The US Congress consists of a Senate and a House of Representatives, and is the national
  Country    legislature. Each state elects two senators, each of whom serves for six years; one-third of the
    Brief    Senate is re-elected every two years. All bills, except revenue bills, can be introduced in the
             Senate. The Senate also has the prerogative of providing its “advice and consent” to all foreign
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             treaties. The House of Representatives consists of 435 members. Each state has a quota of
             representatives that is determined by the decennial census. Large states like Texas, California,
             New York and Pennsylvania each elect more than 20 federal representatives.

             The Senate has the power to confirm or reject presidential appointments, including the cabinet,
             and to ratify treaties; the House of Representatives has the sole right to initiate revenue bills,
             although they may be amended or rejected by the Senate

             The Judiciary

             The Supreme Court, which consists of a chief justice and eight other justices, is the ultimate
             court of appeal on questions of federal law. The president, with the approval of the Senate,
             appoints justices for unlimited terms of office. There are also 13 federal courts of appeal that
             conduct trials according to federal law. These, in turn, supervise the 94 district courts. A separate
             system of state courts tries cases arising under each state’s criminal and civil legislation.



             Stability of Institutions and Transfer of Power

             Transfers of power in the US are carefully described in the federal and state constitutions, and
             are carried out with little controversy. The outcome of the US presidential election in November
             2004 presented another constitutional challenge to a transfer of power, as accusations of voting
             fraud has rebounded since the 2000 election. In this case, the election was disputed in the state
             of Ohio. Part of the dispute lay in voting laws which govern not just different states, but also
             counties, which was further exacerbated by some counties requiring paper trails from electronic
             voting machines, while others still had 1960’s era punch card systems. As in the 2000 election,
             while Senator John Kerry conceded defeat, the Supreme Court ultimately was given power to
             hand the election to George W. Bush. However, the US remains a stable democracy based on
             the rule of law and it is this as an affirmation of the inherent stability of the US political system.



             State Legislatures

             Each of the 50 states, except Nebraska (which has a unicameral system), has a bicameral
             legislature which follows the model of the federal legislature; the states have certain fiscal and
             legal rights; some states now limit the number of terms that can be served by their elected
             representatives

             Source: The Economist



             Other Key Political Information

             Politics in the US is dominated by two major parties. They are Democrats and Republicans, with
             ostensibly 90 percent of support from the voting electorate. Minor-status parties include the
             Green Party, the Libertarians, Natural Law Party, America First Party, and the
             Reform/Independence Party all of which combined garner about 10 percent of the electoral vote.




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             imports and exports

             Recent Trade Trends
             Canada represents the US’s largest trading partner contributing to about 20 percent of overall
             trade, even though trade has been in decline between the two nations since about 2000, and
             despite the NAFTA treaty.

             Mexico and China both rank second and third respectively, at about 11 percent each with China
             increasingly significant to the US, and despite Mexico belonging to NAFTA. Chinese imports to
             the US in 2005 totalled US$243.5 billion, although the US is concerned with Chinese imports of
             textiles, “fake-goods”, China’s currency flexibility and its demand for raw materials.

             In August 2002, Congress gave the President power to fast-track bilateral trade agreements
             under the Trade Promotion Authority Bill. Under this piece of legislation, Congress only has the
             power to reject or approve trade agreements as they are presented to them, and no amendments
             may be made. This step has been a key in the ability for the President to make trade agreements
             with other nations, especially in the DR-CAFTA area of Central and South America.

             The US has recently concluded free-trade agreements with Morocco, Singapore, Chile, and
             Australia.

             Other recent key acts of Congress or pieces of legislation include the Bio-terrorism Act (2003),
             the Farm Act (2002), and the Energy Policy Act (2005), as well as the aforementioned TPA Bill
             and the four free-trade agreements.

             Mr Bush's enthusiasm for trade liberalisation has concentrated on the DR-CAFTA region even
             though bilateral trade agreements, such as Australia and Singapore’s have been forthcoming.
             However, in 2002 the Administration placed tariffs on steel imports and signed into law a farm-
             subsidy bill and in 2005, threatened China with textile tariffs and Canada with legal action on its
             softwood lumber subsidies.



             Recent Trade Trends Affecting New Zealand
             New Zealand exports have increased to the US by roughly 4 percent in 2005 and closer to 6
             percent since June 2001 in raw dollar values. Significant imports of lamb, fish and apples have
             all seen increases to the North American region, particularly to the US.

             Currency fluctuations and interest rates continue to influence exporters. At the time of writing, US
             interest rates were 4.5 percent. Some US legislation, including labelling requirements, export
             compliance and other requirements, could affect New Zealand exporters, but should not pose
             many difficulties. Should you require information on specific conditions written into these laws,
             please contact New Zealand Trade and Enterprise for a full explanation of requirements and
             export advice.

             New Zealand Trade and Enterprise’s aim is to maintain New Zealand’s position in the current
             market situation. Those indications are for a continued slowing of the US economy, a
             strengthening of the US dollar, and high priced petroleum. New Zealand exporters new to the US
             market will need to bear this in when planning to consolidate their foothold in the US market and
             gain good intelligence on the ground to facilitate a market entry strategy.

             The tables below show a snapshot of the US market from a statistical point-of-view. We
             recommend that this only be used as a guide.
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             Top Fifteen Countries with which the US Trades
             This table shows the top 15 US trading partners. The values given are for Imports and Exports
             added together. These countries represent 74 percent of US trade in goods.



              Rank           Country          Exports (Year-    Imports (Year-    Total, All     Percent of
                                                 to-Date)          to-Date)        Trade         Total Trade
                   ---      Total, All                 904.3           1,671.4      2,351.3          100.0%
                           Countries
                   ---    Total, Top 15                 653.1          1,254.6       1,907.6          74.1%
                           Countries
                    1             Canada                211.3            287.9           499.2        19.4%
                    2              Mexico               120.0            170.2           290.2        11.3%
                    3                China               41.8            243.5           285.3        11.1%
                    4               Japan                55.4            138.1           193.5         7.5%
                    5            Germany                 34.1             84.8           119.0         4.6%
                    6     United Kingdom                 38.6             51.1            89.7         3.5%
                    7       Korea, South                 27.7             43.8            71.4         2.8%
                    8             Taiwan                 22.0             34.8            56.9         2.2%
                    9              France                22.4             33.8            56.2         2.2%
                   10            Malaysia                10.5             33.7            44.2         1.7%
                   11                 Italy              11.5             31.0            42.5         1.7%
                   12         Netherlands                26.5             14.9            41.4         1.6%
                   13          Venezuela                  6.4             34.0            40.4         1.6%
                   14                Brazil              15.3             24.4            39.8         1.5%
                   15              Ireland                9.3             28.6            38.0         1.5%

             Source: US Census Bureau – Foreign Trade Statistics
             * New Zealand is outside of the Top 15


             US Top Ten Exports
             This table shows the State’s top ten exports

              State’s Top Ten Exports                                      USD$ Billions
              Machinery                                                          132.6
              Electrical goods                                                   110.4
              Motor vehicles                                                      60.0
              Aircraft                                                            43.2
              Medical products                                                    41.8
              Plastics                                                            26.2
              Chemicals                                                           18.6
              Pharmaceuticals                                                     12.5
              Gems and precious stones                                            12.3
              Petroleum                                                           11.0
              Defence and security products                                       10.0

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             US Top Ten Imports
             This table shows the US’s top ten imports

              US’s Top Ten Imports                                          USD$ Billions
              Machinery                                                         162.0
              Motor vehicles                                                    156.3
              Electrical goods                                                  146.4
              Petroleum                                                         105.2
              Medical devices and products                                        33.5
              Chemicals                                                           31.5
              Apparel                                                             30.0
              Gems and precious stones                                            29.0
              Furniture                                                           24.5


             New Zealand’s Top Ten Exports to North America, incl. US
             This table shows New Zealand’s top ten exports to North America (NAM), incl. USA

              New Zealand's Top Ten Exports to NAM                          NZD$ Millions
              Beef                                                              1,104
              Casein                                                              516
              Wood products                                                       396
              Lamb                                                                390
              Cheese                                                              240
              Fish                                                                214
              Water and alcoholic beverages                                       103
              Mussels                                                               94
              Apples                                                                94
             Source: Statistics NZ



             sector opportunities

             Some Key Opportunities
                 Marine
             Opportunities for New Zealand manufacturers continue to lie in custom-built rather than
             production boats and in high-end, high-spec marine equipment and accessories. Manufacturers
             should continue to capitalise on the quality reputation they hold in this sector and on New
             Zealand’s high profile in the Marine sector.

                  Wood Products
             Opportunities exist for New Zealand manufacturers through DIY retailers, supply stores,
     USA     professional contractors, and other building companies. New Zealand pine has made some
  Country    headway into the market, partly due to supply constraints increasing the demand for the highly
    Brief    workable coniferous timbers with good machining properties.

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                 Food and Beverage
             US sales of imported food and beverage, especially in value-added goods, and private labelled
             foods have increased. US consumers have a positive and strong image of New Zealand food
             and beverage products. New Zealand Trade and Enterprise has been working closely with
             specialty food companies in market, especially using programmes and promotions to expand
             sales, and there is a need to continue to expand and attract export ready New Zealand food and
             beverage companies.

                 Wine
             There has been a strong expansion in New Zealand wine sales in the US and many wineries are
             represented in the market. Sauvignon Blanc, Pinot Noir and Chardonnay continue to be popular,
             and Americans are becoming increasingly sensitive to differences in regional varieties.

                   Software
             The US software industry is one the largest segments of the US economy and continues to grow
             even in the current economic conditions. Software sales are estimated to be in the US$200
             billion range, and New Zealand software companies are encouraged to target niche markets
             such as Health IT, RFID, and automation software. Exporters should keep in mind the
             competitiveness of the US software industry and products should be uniquely positioned to gain
             a prospective buyer’s attention. Pricing alone is not sufficient differentiation and that pricing
             below the market value for the product will likely position the product as inferior in quality.



             market entry
             The US is a good market for a wide range of quality imported product, due to large numbers of
             consumers with high disposable incomes. In looking at the US as a market for New Zealand
             products, companies should consider the following.

                 Research regional markets to prioritise – the US is too large for most New Zealand
                 companies, so a regional or sector approach is a better consideration.

                 Research competitor information rigorously to ensure competitiveness and maximise
                 returns.

                 Produce sufficient quantities to meet the market size.

                 Cover high marketing and promotion costs.

                 Spend time and money travelling to and from the market.

                 Purchase insurance against product liability, but especially where personal injury is a risk.

             Many successful companies find it easier and more effective to segment the market by region –
             for example one country and 52 markets. It is important to bear in mind that some states are
             significant global players in their own right. For example, California has a GDP per capita ranking
             that would place it in sixth position if it were sovereign. There are also regional differences
             between Southern and Northern California.

             Depending on the product too, different regions in the US have different tastes and demands.
             This difference is particularly pronounced between east and west and north and south, and can
     USA
             be profound in the Southwest, where there is a high demand for Hispanic goods. It is important to
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             undertake some assessment of which regions are likely to have the best consumer profile for
             your product or service. Once a successful entry has been achieved in the market, and a
March 2006   distribution point established, it is easier to further penetrate other regions.


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             Collective activities embraced through New Zealand Trade and Enterprise programmes can be
             beneficial for New Zealand companies that have excellent products to offer the US market, but
             are unable to overcome volume and resource gaps. Many retailers require a steady supply of
             large volumes of product. They will be particularly concerned that access to stock is readily
             available as they will be aware of the distance to freight product from New Zealand.

             Smaller specialty retailers who demand lower volumes often provide better prospects for New
             Zealand companies. Competition for shelf space is fierce. Retailers like to reserve space for
             items with the best turnover. Sometimes retailers charge sizeable slotting fees, which are
             essentially product space rental.

             New Zealand companies should consider entry points other than retail. The hotel, restaurant and
             institution sector (HRI), for example, allows a New Zealand company to introduce its products
             (initially with lower volumes), side-stepping issues of brand recognition, packaging, labelling
             requirements, and competition for shelf, refrigerator, and freezer space. The experience can also
             be a springboard to the retail market.


             Agents/Distributors
             The role of agents and distributors cannot be ignored. Rarely will retailers purchase directly from
             manufacturers, particularly overseas manufacturers – they don’t have the time, resources or
             warehouse space. Instead they rely on distributors and agents.

             Some distributors have the capacity to import products, other however, rely on agents to manage
             the import of the product and marketing the product to end-users. In this respect the agent acts
             as an offshore salesperson for the exporter. A good agent can be an invaluable asset in the large
             US market because distributors tend to focus their sales staff on existing major lines rather than
             introducing new products. When considering representation an exporter should rarely deviate
             from appointing regional agents/distributors.


             Fulfilment Centres
             Fulfilment centres are specialist operations in warehousing and US distribution. They have
             become increasingly important in the supply-chain network, especially since the growth of e-
             business services. They can allow a more competitive margin in the market by replacing a
             traditional distributor with agents working in conjunction with lower cost fulfilment centres. This
             approach is better suited to non-perishable items and consumer products. There is information
             available on fulfilment centres that may be worth considering as part of a distribution strategy.


             Setting up an Office in the US
             Increasingly, companies are finding that it is critical to establish a presence in the US market to
             achieve their foreign exchange earnings goals. This is particularly true of the software and high-
             tech industry. Establishing a presence in the US brings the exporter face-to-face with end-users,
             helps address after sale service and support, and enables the company to get detailed feedback
             on its products and/or services. The following websites are useful. They have helpful hints on
             incorporation, setting up a business and business filings:

             www.mycorporation.com/incorporation.htm

     USA
             www.bizfilings.com
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             www.corpcreations.com
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             Product Liability Insurance
             Products imported to the US have potential product liability exposure, but especially where they
             may cause personal injury. Unfortunately with litigious US business conditions, the cost of
             defending where the product is not at fault is often more expensive than settling out of court.

             Where exporters have minimum presence in the market their exposure may not require
             insurance coverage. The exception will be where an importer/retailer specifically requests an
             insurance certificate. An exporter can help protect itself by understanding the relevant city, state
             and Federal regulatory requirements where product will be sold and by stating appropriate
             warnings on the packages and labels.

             Exporters without a US presence may be able to purchase public liability insurance less
             expensively through a New Zealand insurance company, but that company should be affiliated
             with a US insurer, or have an understanding of US liability issues.


             Patents
             Obtaining patent protection in the US can be expensive and the options for ensuring that any
             such patent is waterproof needs to be closely examined. Some lawyers advocate using the
             principle of getting into the market ahead of the competition as the most effective strategy.
             Whatever approach is taken the costs and advantages of taking out patent protection need to be
             carefully considered.

             Companies should also consider the cheaper course of copyright and trademark protection if
             brand names/logos are an important part of the market entry strategy. Companies should take
             specialist advice in this area before going into the market.



             Anti-Dumping and Countervailing Duty/Anti Trust Legislation
             The US enforces laws against unfair trade practices, such as the Anti-Dumping Law, which
             makes sales to the US at prices lower than for sale in the exporter’s market illegal, and the
             Countervailing Duty Law, which restricts the sale of subsidised exports. If you are exporting
             products which compete with strong local producer lobby groups in the US or command a
             reasonable proportion of the market you should familiarise yourself with this law.

             The US government polices this legislation strictly and a number of successful cases have been
             brought against New Zealand products. Needless to say, dumping product in the US is a short-
             sighted strategy.

             Anti-trust legislation is particularly severe on companies “collaborating” to fix prices. The
             Sherman Act only takes effect however, where the parties affected have more than a 20 percent
             market share


             E-Business
             The US remains the key driver for the expansion of e-business. An important trend is for an
             expansion of business-to-business (B2B) e-business and many of the large companies are
             moving from use of e- business to assist make the procurement of supplies/services more
             competitive. Retailers are also reporting significant online purchases.
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             Many large retailers such as Kmart and Wal-Mart are using large fulfilment centres to meet the
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             demand for online purchases, with others such as the Gap and Nordstrom’s building special
March 2006   warehousing/distribution facilities for this purpose. Online purchases are dominated by travel,


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             stocks, apparel and music. The slow down in the economy is however, impacting on the more
             optimistic predictions for the expansion of online sales.

             There are prospects for New Zealand companies to make sales in the US through developing
             specialist e-business websites. However, considerable care needs to be taken to ensure delivery
             is performed efficiently (through smaller fulfilment centres) and issues of duties and state taxes
             need to be clarified and spelt out to the prospective consumer in any pricing information.

             The rules on state tax collection for e-business have tended to be a “grey area” in the past with
             some form of business nexus (office, bank account etc) being required in a state before state
             taxes can be collected. This area should be checked out prior to web site establishment.


             Marking/Bar Codes
             Many American retailers and distributors require that the products they handle have Universal
             Product Codes (UPC). This helps them to efficiently manage the flow of goods through their
             warehouses, stores and checkout stands. UPC differs from EAN-13, the codes typically used in
             New Zealand. Many US scanners still cannot read the EAN-13 codes.

             There has been confirmation that the two systems will merge by 2005. You should therefore
             check with your importer if a UPC code will be required by the end-user.

             The cost of securing a UPC code is around NZ$500. If a UPC code is required you should
             contact:
                 EAN NZ Ltd, phone +64 4 801 0833, www.ean.co.nz
                 Uniform Code Council, www.uc-council.org


             Packing and Labelling
             It is important to research the packaging and labelling requirements in the US for your product.
             The Federal Trade Commission, the Food and Drug Administration and the Department of
             Agriculture all have guidelines that must be met, depending on the product.

             While a lot of information is available on the web, unfortunately the relevant sites for information
             are often widespread and it is difficult to get an overview of what agencies are involved. In
             determining this information close liaison should be maintained with existing/prospective
             importers who will be very familiar with industry requirements.

             Under the new Bio-terrorism rules there are new labelling and exporting requirements that also
             need to be met.

             A very good food labelling guide is prepared by FDA and is available online at:
             http://vm.cfscan.fda.gov/~dms/flg-toc.html.

             Essential requirements listed are:
                 statement of identity
                 net Quantity Statement
                 ingredient list
                 name and address
     USA
  Country        country of origin
    Brief        nutritional information.

March 2006



                                                                                                             12
             A beginners’ guidebook for exporting processed food products to the US is available from
             www.nzte.govt.nz.


             Tariffs
             Tariffs are levied either as a percentage of the value of the goods being imported, or on the basis
             of a specific amount of dollars per quantity of imports. In general, US tariff rates for manufactured
             items and consumer goods are very competitive by international standards with most being
             under 10 percent.

             Punitive tariff rates occur in the agricultural, textile and sugar sectors where strict tariff quotas are
             applied. Importing product outside the quota allocation normally attracts such punitive tariff rates
             as to make import non-competitive (see below).

             New Zealand Trade and Enterprise can provide free basic information on tariffs at an indicative
             level to assist companies assess viability of market entry


             Quotas and Restrictions
             The US does operate strict quotas in certain product sectors, particularly beef, cheese, butter,
             milk powder, sugar and textiles. It is recommended that exporters planning to export these types
             of intermediate products consult with New Zealand Trade and Enterprise prior to export.

             Detailed information on the operation of the beef and lamb tariff quotas is available from Meat
             New Zealand. The dairy quotas in many instances provide specific quota volumes for New
             Zealand products (e.g. cheese). These New Zealand-specific quotas are administered by
             Fonterra until 2007 under the Dairy Industry Act. There is however still some prospects for import
             of intermediate dairy products (covered by global quotas) which can be examined. Textile
             products which are manufactured offshore (e.g. China) are also subject to strict quota rules
             relating to country of origin and may be placed under China quota allocation typically if the origin
             fabric is made there.


             State Regulations
             Laws and regulations governing certain businesses and products may vary from state to state on
             such issues as, the sale of alcohol, environmental and safety controls and taxation. It is wise to
             research these issues. As an example, while efforts are made to ensure harmony in building
             construction codes, local municipalities have considerable jurisdiction to add local rules (e.g. no
             cedar roofing tiles in fire risk areas) in the south-west US.



             freight

             Air Freight
             A number of air freight liners including Air New Zealand offer air cargo services to the US through
             Los Angeles. Exporters should note that space is limited and that careful planning in conjunction
             with freight forwarders is important in ensuring access to the limited space available.

     USA
  Country    Sea Freight
    Brief
             Direct shipping services to the US West Coast are operated by ANZ Direct Line, P&O,
March 2006   Columbus, Nedloyd and Fesco. These operators use a Vehicle Sharing Agreement (VSA), which


                                                                                                                13
             allows for two sailings to the West Coast per week. Sailing time to Los Angeles is approximately
             17 to 19 days.

             P&O Nedloyd/Columbus offer a service to the East Coast (Charleston, Norfolk, and Philadelphia)
             which takes 23 days to reach Philadelphia. It returns via Houston. ANZ Direct Line operates a
             transhipment service to the East Coast

             Maersk Sealand offers a fixed day fortnightly service to the Americas. The service calls at
             Tauranga, Timaru and New Plymouth in New Zealand and calls at various ports in the US,
             Panama and Bahamas for transhipment to North and South America and Canada.




             doing business in the united states

             Cultural and Business Tips

                 Don’t fall into the trap of thinking that business in the US is similar to business in New
                 Zealand just because Americans speak English and part of the country was once a British
                 colony. There are differences not least of which, many Americans, especially in the south-
                 western states (California, Texas, New Mexico and Arizona), New York and Florida are of
                 primarily Mexican, Cuban, or Puerto Rican descent. The size and complexity of the market
                 and American culture impact on the way Americans conduct their everyday business.

                 American business people tend to be extremely busy and take the saying “time is money” to
                 heart. Make your requests, demands and dealings with Americans brief and to the point.
                 Often a telephone call is more effective than a letter when making initial contact with a
                 business.

                 Faxes and email are used widely. Try to respond to faxes and emails from the US overnight.
                 Non-response or ‘slow’ response is interpreted as a lack of interest.

                 Arrange an appointment with US business well in advance to ensure key personnel are
                 available. Once an appointment has been set, you may have as little as five to 20 minutes to
                 pitch your product. You must present your product with enthusiasm and verve and ensure
                 that the key advantages of your product or service are strongly emphasised at the outset!
                 Preparation of an “elevator pitch” may be helpful.

                 Cold-calling is usually a lengthy and frustrating process with an extremely low conversion
                 rate of calls to appointments.

                 Business is often conducted over breakfast, lunch or dinner. Don’t hesitate to initiate such
                 invitations and be prepared to pay.

                 Do not include academic credentials on business cards – they are seen as irrelevant and
                 pretentious.

                 Americans tend to be less formal than New Zealanders on first contact and the use of first
                 names is common.
     USA
  Country
    Brief        Business dress in the western US tends to be more casual than in the eastern US. There is
                 however, a strong trend to casual dress entering the market on both coasts led by the high-
March 2006



                                                                                                           14
                 tech sectors. There are no hard and fast rules in this changing dress environment so when
                 in doubt a suit is the best option, on the grounds it is better to over-dress than under-dress.

                 Avoid using New Zealand slang – it’s not likely to be understood. Be aware that Americans
                 may not fully understand the New Zealand “ironic” or sarcastic sense of humour.

                 In general, Americans don’t know a lot about New Zealand. Be prepared to patiently answer
                 their questions and give them background material.

                 Tipping is normal and expected in restaurants (15 to 20 percent of the bill) and taxis (15
                 percent of the fare). Porters and bellhops should be tipped at least $1 a bag. Hotel maids
                 should also be tipped at least $1 a night. Valet parking attendants are usually tipped $1.




             visa requirements and immigration
             The US operates a visa waiver for New Zealand business and tourist visitors. A form is
             completed on the aircraft prior to arrival. This is valid for up to 90 days. The immigration officer
             will usually ask how long you will visit and provide the appropriate stamp. You should ensure you
             tick business under visit purpose. People who abuse the visa waiver by working will be deported.
             Such infractions will be noted on the computer and will prevent further visits. Please note – the
             cost of infringing immigration rules is severe and the onus is on you to check you have the
             correct visa.

             Regular business visitors are able to request multi-entry visas from the US Consulate in
             Auckland. These are recommended because you have more visit rights after you have been
             through a process of embassy/consulate vetting. Extensions above the 90-day limit may also be
             requested but will obviously be vetted more thoroughly.

             New Zealand Trade and Enterprise has worked previously with Barbara Johnson, a New Zealand
             Immigration attorney. She is available to assist New Zealand businesses for people wishing to
             stay on in the US for extended stays. She can be contacted via email at barbara@johnson.co.nz.




             time difference
             The time difference between the US and New Zealand differs widely between 16 and 23 hours,
             depending on the city and the time of year. Below is an indication of the time differences for
             certain periods of the year.

             Total numbers of hours American cities are behind New Zealand time


                                           San Francisco,         Phoenix, Denver          New York, Detroit,
                                            Los Angeles                                        Atlanta
                   March 16 – April 6             20                      19                        17
                  April 6 – October 5             19                      18                        16
             October 5 – October 26               20                      19                        17
     USA      October 26 – March 16               21                      20                        18
  Country
    Brief    For the specific and current time in major American cities go to www.timeanddate.com.

March 2006



                                                                                                            15
             contacts

             New Zealand Trade and Enterprise
              Phone             0800 555 888
              Websites          www.nzte.govt.nz


             New Zealand Trade and Enterprise in the US

             Los Angeles

              Postal Address    New Zealand Trade and Enterprise
                                2425 Olympic Blvd, Suite 610 East
                                Santa Monica, California 90404, USA
              Phone             +1 310 633 7904
              Fax               +1 310 460 4450
              Email             info@nzte.govt.nz


             New York

              Postal Address    New Zealand Consulate General
                                222 E. 41st Street, Suite2510
                                New York, NY 10017
              Phone             +1 212 832 7420
              Fax               +1 212 832 7602
              Email             info@nzte.govt.nz



             Washington

              Postal Address    New Zealand Embassy
                                37 Observatory Circle NW,
                                Washington DC 20008
              Phone             +1 202 328 4887
              Fax               +1 202 265 9659
              Email             info@nzte.govt.nz




     USA
  Country
    Brief

March 2006



                                                                      16
             useful websites
               www.doingbusinessin.com
               A useful Ernst &Young macro issues guide to doing business in the US.

               www.business.gov
               This is a site for anyone who has dealings with the US government on almost every subject.

               Each state government also usually has a website with useful business set up advice, e.g.
               for California, www.ca.gov

               www.bnz.co.nz
               Bank of New Zealand website – it shows the latest foreign exchange rates so you can
               calculate New Zealand dollars into foreign currency.

               www.xe.net/ucc
               Universal Currency Converter website.




                                                                                                      Disclaimer:
                                           While New Zealand Trade and Enterprise has verified the information in
                                                this document, we make no representation as to the completeness,
                                                   correctness, currency, accuracy or fitness for any purpose of the
                                           information. New Zealand Trade and Enterprise will not be responsible
                                                     for any damage or loss suffered by any person arising from the
                                              information contained in this document, whether that damage or loss
                                                                               arises from negligence or otherwise.




     USA
  Country
    Brief

March 2006



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