Foreign Commerce))

(b) "Foreign commerce" means ((that)) commerce ((which))that involves the purchase, sale or exchange of property and its transportation from a state or territory of the United States to a foreign country, or from a foreign country to a state or territory of the United States.

((Imports. An import is an article which comes from a foreign country (not from a state, territory or possession of the United States) for the first time into the taxing jurisdiction of a state.

Wholesaling and Retailing.))

(a)Imports. Sales of imports ((by an importer or his agent are not taxable and a deduction will be allowed with respect to the sales of such goods, if at the time of sale such goods are still in the process of import transportation. Immunity from tax does not extend: (1) To the sale of imports to Washington customers by the importer thereof or by any person after completion of importation whether or not the goods are in the original unbroken package or container; nor (2) to the sale of imports subsequent to the time they have been placed in use in this state for the purpose for which they were imported; nor (3) to sales of products which, although imports, have been processed or handled within this state or its territorial waters.

It is of no importance that title and/or possession of the goods pass in this state so long as delivery is made directly into the export channel.))are subject to the B&O tax, except for the following wholesale sales of imports:

(i) To be tax exempt ((upon export sales)), the seller must document the fact that ((he))it placed the goods into the export process. ((That))This may be shown by the seller obtaining and keeping ((in his files)) any ((one)) of the following ((documentary evidence))documentation:

(((1)))(A) A bona fide bill of lading in which the seller is shipper/consignor and by which the carrier agrees to transport the goods sold to the foreign buyer/consignee at a foreign destination; or

(((2)))(B) A copy of the shipper's export declaration, showing that the seller was the exporter of the goods sold; or

(((3)))(C) Documents consisting of:

(((a)))(I) Purchase orders or contracts of sale which show that the seller is required to get the goods into the export stream, e.g., "f.a.s. vessel"; and

(((b)))(II) Local delivery receipts, tripsheets, waybills, warehouse releases, etc., reflecting how and when the goods were delivered into the export stream; and

(((c)))(III) When available, United States export or customs clearance documents showing that the goods were actually exported; and

(((d)))(IV) When available, records showing that the goods were packaged, numbered, or otherwise handled in a way which is exclusively attributable to goods for export.

(ii) Thus, where the seller actually delivers the goods into the export stream and retains such records as above set forth, the B&O tax does not apply. It is not sufficient to show that the goods ultimately reached a foreign destination; but rather, the seller must show that ((he))it was required to, and did put the goods into the export process.

(iii) Sales of tangible personal property, of ((ships))ship's stores, and supplies to operators of steamships, etc., are not ((deductible))exempt irrespective of the fact that the property will be consumed on the high seas, or outside the territorial jurisdiction of this state, or by a vessel engaged in conducting foreign commerce.

However, ((on July 1, 1985, a statutory business and occupation))under RCW 82.04.433, a B&O tax deduction ((became effective))is available for sales of fuel for consumption outside the territorial waters of the United States by vessels used primarily in foreign commerce. ((In order))

(A) To qualify for this deduction sellers must take a certificate signed by the buyer or the buyer's agent stating: The name of the vessel for which the fuel is purchased; that the vessel is primarily used in foreign commerce; and, the amount of fuel purchased which will be consumed outside of the territorial waters of the United States. Sellers must exercise good faith in accepting such certificates and are required to add their own signed statement to the certificate to the effect that to best of their knowledge the information contained in the certificate is correct.

(B) The following is an acceptable certificate form:

(C) When a seller takes a completed certification such as this ((is taken)) in good faith ((by the seller)), the sale is exempt ((of business and occupation))from the B&O tax, whether made at wholesale or retail, and even though the fuel is delivered to the buyer in this state.

(5) Business and occupation tax - Extracting((,))and manufacturing. Persons engaged in ((these))extracting or manufacturing activities in Washington ((and who))that transfer or make delivery of articles produced to points outside the state are subject to ((business))the B&O tax under the extracting or manufacturing classification and are not subject to ((business))the B&O tax under the retailing or wholesaling classification. See also WAC 458-20-135 and 458-20-136. The activities taxed occur entirely within the state, are inherently local, and are conducted prior to the commercial journey. The tax is measured by the value of products as determined by the selling price. See WAC 458-20-112. It is immaterial that the value so determined includes an additional increment of value because the sale occurs outside the state.

(6)Retail sales tax. The same principles apply to the retail sales tax as are set forth for the business and occupation tax ((above))described in subsections (4) and (5) of this rule, except that certain statutory exemptions may apply. (See WAC 458-20-174, 458-20-175, 458-20-176, 458-20-177, 458-20-238 and 458-20-239.)

(7)Use tax. The use tax is imposed upon the use, including storage, of all tangible personal property acquired for any use or consumption in this state unless specifically exempt by statute.