CBP has released the UFLPA Operation Guidance for Importers. This document details the enforcement of the Uyghur Forced Labor Prevention Act and has operational guidance and best practices for importers to comply with the act, which went into effect on June 21, 2022. The guidance has step-by-step instructions on how to submit a request for exception to the rebuttable presumption, which prohibits importation of any “goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions.” The guidance also includes an extensive list of resources for importers to use when doing their due diligence and maintaining the security of their supply chain, which CBP recommends all importers do as this act takes effect.

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Independence Day is July 4th and many Americans spent this long weekend celebrating with a BANG! Fireworks have become an integral part of celebrating major holidays in America. Here are some fun facts about fireworks:

• Chinese alchemists first discovered how to make explosive black powder over 1000 years ago. This black powder consisted of charcoal, sulfur, and potassium nitrate. This powder would eventually be refined and developed into gunpowder – the perfect substance for launching and exploding colorful chemicals in the sky.
• Fireworks did not have color or design until the 1830s when Italian pyrotechnicians added arial shells and metal salts to the mixture. These additions would cause brilliant colorful effects and allow for multiple timed explosions with a single firework shell.
• Fireworks have been used to celebrate Independence Day since the very first anniversary of the signing of The Declaration of Independence on July 4th, 1777, in Philadelphia.
• Americans spent $1.5 billion on fireworks last year. The American Pyrotechnics Association (APA) projects that spending will likely exceed $2 billion this year!
• Fireworks are getting more expensive, and there will likely be shortages. Due to rising inflation and rising shipping costs, fireworks are going up in price.
• Display fireworks are hard to ship! Since fireworks are considered explosives, importing them comes with certain restrictions. An importer will need a Federal Explosives Importer License or an ATF license specific to the activity planned for the imported fireworks. All fireworks must be properly labeled with warnings and pass inspection upon entry to the US.

Happy 4th of July!  Please make sure to be safe when using fireworks!

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On August 1st and 2nd, 2022, the NCBFAA National Educational Institute will host the annual Global Trade Educational Conference (G-TEC) in Chicago. The conference is open to all importers and exporters, and will have sessions on many different topics featuring subject matter experts and prominent leaders in the industry. Topics include CTPAT, Binding rulings, export sanctions, trade remedies, forced labor prevention, tips on managing remote work, and many more. This event is a great opportunity for importers and exporters to learn more about compliance and improve the effectiveness of their due diligence. and provide due diligence. NCBFAA members that register will have access to member pricing and earn 14 CCS/CES credits. This event is also a great opportunity to network with others in the global trade industry.

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The EPA has updated the 3540-1 Notice of Arrival of Pesticides and Devices (NOA) form. This type of form is generally only used for entries that cannot be done through ACE. The new form clarifies some of the requested data elements and has improved instructions for filling out the form. CBP will continue to accept the old form until July 30th, 2022. After the grace period, all importers should be using the new form when filing entries.

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On June 16th, the current administration signed the Ocean Shipping Reform Act of 2022 (OSRA) into law. This act will provide additional powers to the Federal Maritime Commission (FMC) which will help combat rising freight costs, enhance oversight on international ocean carriers, and prohibit carriers from unreasonably denying US exports. The Act will allow the FMC to conduct investigations into ocean carriers and apply enforcement measures based on their findings. The Act also changes some rules on demurrage and detention charges, passing the burden of proof from the invoiced party to ocean carriers to verify the demurrage and detention charges, and ensuring that these charges meet federal regulations.

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Recently, the US has been experiencing a shortage of solar energy modules, and energy producers have not been able to keep up with demand for clean energy alternatives. On June 6th, the current administration declared “an emergency to exist with respect to the threats to the availability of sufficient electricity generation capacity to meet expected customer demand.” This emergency declaration allows for solar panels originating from Cambodia, Malaysia, Thailand, and Vietnam to be imported to the US duty-free for the next 24 months, at the discretion of the Secretaries of Commerce, Treasury, and Homeland Security.

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