The CBTPA special indicator SPI "R" and the associated provisional tariffs are scheduled to expire for goods entered or withdrawn from warehouses effective October 1st.  Upon expiration, importers may not file otherwise eligible entries without payment of duties and applicable MPF.

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On September 10, 2020, a group of importers filed a lawsuit in the Court of International Trade claiming that Section 301 List 3 & 4A overstepped the authority outlined in the Trade Promotion Act of 1974.  The lawsuit also claims that the Section 301 Lists 3 & 4A overstepped the notice and comment period outlined in the Administrative Procedures Act.  If the lawsuit is successful, the government could possibly owe importers who file an independent claim the Section 301 duties, taxes and interest that was paid for list 3 & 4A.  There was a rush to have all independent claims filed by September 18th; however, compelling legal arguments have been found that may support that the early deadline does not apply.  List 4A will not be questioned for timeliness if filed on or before August 19, 2021.

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The Environmental Protection Agency has issued a new rule on 20 chemical substances that will require importers to notify EPA at least 90 days prior to importing effective November 16, 2020.  Some of the substances are for use in chemical intermediates, car head lamp sealants, lubricants, coating polymers, tackifiers for synthetic automotive tire stock, adhesives, coatings, print resins, UV-curable inks, and more.  Importers must certify that shipments of these substances comply with all applicable rules and orders under the Toxic Substances Control Act.

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The U.S. Trade Representative announced that over 150 product exclusions from List 1 and 2 of Section 301 tariffs are set to expire on October 2, 2020.  These exclusions are now subject to the 25% additional tariffs going forward.  There are also 124 exclusions that were extended.  These exclusions will be in place until December 31, 2020.

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Are you practicing reasonable care to ensure importedgoods are not produced wholly or in part with convict labor, forced laborand/or indentured labor?  CBP haspublished a reasonable care checklist that includes questions to help importersavoid forced labor of imported goods.  

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Some Halloween traditions may look different this year to keep everyone safe during the COVID-19 pandemic. However, there are still plenty of ways families can have fun while avoiding the scare of being exposed to or spreading the virus.

Most importantly, keep doing what you have been doing: avoiding large gatherings, keeping a distance of six feet from others, wearing cloth face coverings (think superhero!), and washing hands often.  

CLICK HERE for ideas for ways to keep safety steps in place while celebrating!

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Complying with U.S. Export Controls

Date:  October 20-23, 2020

Location:  VIRTUAL

This two-day virtual program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods.

Register Here

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ITAR/EAR Controls for Non-US Companies

Date:  November 16-17, 2020

Location: VIRTUAL

EAR and ITAR regulations are extra-territorial and apply to companies and organizations outside of the United States. Non-compliance can result in serious fines and penalties - even the loss of U.S. Government contracts and the ability to receive U.S. items. Instructors Suzanne Palmer (ECS) and Marc Binder (ITC Strategies) give comprehensive instruction on how the rules apply outside the U.S. and detail best practices for staying in compliance.

Register Here