In recent years, gardening has blossomed into a global phenomenon, not merely as a pastime but as a vital component of sustainable living and environmental stewardship. As more people recognize the benefits of cultivating their own green spaces, the gardening industry has witnessed significant growth, reflecting in both domestic practices and international trade.

The United States, with its diverse climate and rich agricultural heritage, plays a pivotal role in the global gardening market. Examining import and export data reveals intriguing insights into the dynamics of this flourishing industry.

Imports:

The importation of gardening-related products reflects the diverse interests and needs of American gardeners. From exotic plants to specialized tools, the U.S. imports a wide array of goods to cater to the demands of enthusiasts.

1. Plants and Seeds: The import of plants and seeds is a prominent aspect of gardening trade.
2. Garden Tools and Equipment: Innovations in gardening tools and equipment drive import trends.
3. Fertilizers and Soil Amendments: The import of fertilizers, compost, and soil amendments supplements domestic production, ensuring optimal conditions for plant growth.

Exports:

Conversely, the United States also contributes to the global gardening market through its exports, showcasing its expertise and innovation in horticulture.

1. Seeds and Bulbs: American seed companies are renowned for their high-quality seeds and bulbs.
2. Landscaping Services: Exporting landscaping services to enhance public and private spaces, U.S. firms contribute to the beautification and sustainable development of landscapes globally.
3. Gardening Knowledge and Technology: Beyond tangible goods, the export of gardening knowledge and technology is gaining traction.

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The Green Economy:

The gardening trade exemplifies the growing importance of the green economy. Beyond economic transactions, it fosters environmental awareness, promotes sustainable practices, and fosters community engagement.

As the world grapples with environmental challenges, gardening emerges as a grassroots solution, empowering individuals to connect with nature and cultivate greener, healthier lifestyles.

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JAS Forwarding (USA) Inc.’s VP Compliance, Laurie Arnold and Compliance Operations Manager and NCBFAA Legislative Committee Chair, Leah Ellis, has diligently championed to help pass the Customs Business Fairness Act (CBFA) for many years alongside the National Customs Brokers & Freight Forwarders Association of America (NCBFAA).  In a significant victory for Customs Brokers the bill was included in a continuing resolution bill that passed both the House and Senate.  The CBFA has finally come to fruition.  “The CBFA bill has been a long-standing passion of mine to help prevent Customs Brokers from having to return customs duties when an importer has filed bankruptcy and at long last (20 years) this bill has passed and signed into law and I am very happy to have been a part of the march to protect the Customs Brokers of our industry,” said Laurie Arnold when asked for her reaction on the passing of CBFA.

The CBFA, a long-standing initiative of the NCBFAA, aims to protect customs brokers and their employees by advocating for changes in bankruptcy laws. The bill seeks to grant "subrogation" rights to customs brokers, allowing them to assume the priority rights of U.S. Customs and Border Protection (CBP) when importers file for bankruptcy. This would prevent payments made to CBP through customs brokers from being subject to preference payment recovery actions during the 90-day period preceding the importer's bankruptcy filing.

NCBFAA President Jose D. (JD) Gonzalez lauded the passage of CBFA, emphasizing its importance to the customs broker industry. He credited the dedicated efforts of the association's Legislative Committee leadership, Legislative Advisor Nicole Bivens Collinson, and member companies for lobbying lawmakers and pushing for the bill's passage.

Special recognition was extended to Rep. Andrew Garbarino (R-NY) for his role in championing CBFA in the House of Representatives. Garbarino reintroduced the bill at the association's request in 2023, garnering bipartisan support with 28 co-sponsors. NCBFAA expressed gratitude to its members for their engagement in advocacy efforts, including letter-writing campaigns urging Representatives to support the bill.

NCBFAA also acknowledged the contributions of individuals and organizations who worked tirelessly over the past two decades to advance CBFA. Past and current leaders of the association's Legislative Committee, along with former NCBFAA Legislative Representative Jon Kent, were recognized for their efforts. Additionally, the longstanding lobbying efforts of organizations such as the New York/New Jersey Foreign Freight Forwarders & Brokers Association, JFK Airport Customs Brokers and Forwarders Association, and International Trade Surety Association were highlighted as instrumental in the bill's progress.

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In a recent enforcement action at International Falls, Minnesota, U.S. Customs and Border Protection (CBP) officers intercepted over 7,800 lighting fixtures bearing counterfeit Underwriters Laboratories (UL) certification marks. These fixtures, as part of shipments from China and imported by a U.S. home design company, were deemed unsafe after inspection, raising concerns about potential fire hazards.

The seized lighting fixtures, among the cargo transiting from Canada into the United States, were inspected by CBP officers at International Falls, the busiest rail port in the country. Upon discovering the counterfeit UL certification marks, which falsely implied safety testing, CBP seized the shipments and initiated enforcement actions.

DeAnn O’Hara, CBP’s Fines, Penalties, and Forfeitures Officer for the area port of Pembina, North Dakota, highlighted the seriousness of the issue. "When U.S. consumers purchase a lighting fixture with a UL trademark on it, they are under the impression that the lighting fixture has been tested for safety. When Chinese manufacturers fraudulently place a UL trademark on untested fixtures, they are tricking consumers into buying a product that may not be safe and could start a fire in their homes," she explained.

CBP imposed fines totaling $100,000 on the shipments, in addition to seizing and destroying the lighting fixtures. This enforcement action underscores CBP's commitment to protecting the American public from unsafe and counterfeit products.

The seized lighting fixtures represent just one facet of CBP's broader efforts to safeguard public safety and enforce trade regulations. Beyond intercepting unsafe goods, CBP's Fines, Penalties, and Forfeitures Division (FP&F) plays a crucial role in adjudicating enforcement actions, ensuring compliance with laws, and facilitating the forfeiture process for seized items.

FP&F, comprised of a team of officers, paralegals, seized property specialists, and technicians nationwide, handles a wide range of cases, from drug seizures to intellectual property rights violations. The division follows a strict process with defined timeframes to ensure fairness and due process for all parties involved.

In addition to its enforcement duties, FP&F is instrumental in returning stolen property and cultural artifacts to their rightful owners. Recent successes include repatriating stolen artifacts to countries like Ukraine and Yemen, showcasing CBP's dedication to preserving cultural heritage and combating illegal trade.

While CBP faces challenges in keeping pace with evolving trade patterns and increasing volumes of shipments, its collaboration with other law enforcement agencies and commitment to public safety remain steadfast. As DeAnn O’Hara emphasized, "At CBP, we take the safety of the American public very seriously. That’s why we work so hard to remove unsafe products from the U.S. commerce before they can ever reach consumers."

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