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Customs and Border Protection (CBP) held its inaugural Green Trade Forum on July 11. Various strategies to incentivize green trade and encourage innovation were discussed. Several commentators mentioned the possibility of utilizing the Harmonized Tariff Schedule to promote green trade by adding tariff breakouts for goods made with environmentally preferred materials such as recycled or organically grown materials. CBP Acting Commissioner Troy A. Miller spoke at the event highlighting such CBP actions as a goal to have 50% of the CBP vehicle fleet consist of electric vehicles by 2030, CBP’s goal to digitize any remaining manual and paper-based processes, and their commitment to work with interagency partners, such as the Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (FWS), inter alia, to prevent natural resource crimes such as illegal deforestation and logging and illegal, unreported, and unregulated fishing. A recording of the forum will be made available soon on the Green Trade Innovation and Incentives Forum page on the CBP website.
In a recent letter, the National Customs Brokers and Freight Forwarders Association of America (NCBFAA) asked the U.S. Food and Drug Administration (FDA) to delay for a year the requirement for cosmetic facility registration under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). MoCRA requires any establishment that manufacturers or processes cosmetic products that are distributed in the United States to assume various new responsibilities as follows:
The present deadline for registration and product listing is December 31, 2023. FDA, however, has not outlined exactly how the registation process will work or what system will be utilized. Therefore, NCBFAA is requesting a year extension to allow the trade more time to prepare.
As the European Union’s Import Control System 2 (ICS2) second release deployment window comes to an end on July 1, requiring all airlines to submit detailed shipment information into a new centralized system known as the “Shared Trader Interface” before goods are loaded onto an aircraft, JAS USA is more than ready. Laurie Arnold, Vice President Compliance of JAS USA, stated:
“We're going to be ready. We know what we're doing. We're not going to have to try to figure out how we're going to transmit this data to the airlines or how the airlines are going to get it and transmit it to the government. We will be ahead of the game.”
United States Trade Representative Katherine Tai and Japan's Minister for Economy, Trade, and Industry Nishimura Yasutoshi signed a Memorandum of Cooperation (MOC) to launch a Task Force on the Promotion of Human Rights and International Labor Standards in Supply Chains.
This task force established under the US-Japan Partnership on Trade program provides an opportunity for the US and Japan to work together to promote human rights and recognize international labor rights. The US and Japan will exchange information on relevant laws and policies to facilitate dialogues with business and worker organizations to promote best practices for human rights.
These areas of cooperation are designed to protect workers and enhance predictability and clarity for businesses as they seek to contribute to resilient and sustainable supply chains.
“From their leadership in the development of the Group of 7 Trade Ministers’ Statement on Forced Labor to their first-ever release of human rights due diligence guidelines for responsible supply chains to their commitment to carry out shared principles to combat forced labor. “The launch of this Task Force is another example of how trade can be a force for good throughout the world. Developing new tools that bring together the combined expertise of agencies across the Governments of the United States and Japan will help contribute to tackling worker exploitation in global supply chains.” said Ambassador Katherine Tai.
The US International Trade Commission (USITC) recently deployed the Investigations Database System (IDS). This new tool was designed to help users find data related to investigations on unfair imports in a more user-friendly manner. A major new feature is the ability to conduct quick searches and advanced searches of the centralized investigation database that generate in-depth search results across multiple practice areas, providing new perspectives and value-added insights for users.
Other key functions and information across practice areas include:
Users are encouraged to visit the USITC website at to explore this new tool.
U.S. Customs and Border Protection (CBP) began detaining merchandise produced or manufactured by Jingde Trading Ltd., Rixin Foods. Ltd., and Zhejiang Sunrise Garment Group Co. Ltd. at all U.S. ports of entry on Dec. 5, 2022. This enforcement action is the result of a CBP investigation indicating that these companies use North Korean labor in their supply chains in violation of the Countering America’s Adversaries Through Sanctions Act (CAATSA).
CAATSA prohibits the entry of goods, wares, and articles mined, produced, or manufactured wholly or in party by North Korean nationals or North Korean citizens anywhere in the world, unless clear and convincing evidence is provided that such goods were not made with convict labor, forced labor, or indentured labor under penal sanctions. Pursuant to CAATSA, CBP will detain merchandise from these entities at all U.S. ports of entry unless there is clear and convincing evidence that forced labor was not present at any stage of the production process. Evidence must be provided within 30 days of notice of detention. If the importer fails to provide clear and convincing evidence within this timeframe, the merchandise may be subject to seizure and forfeiture.
Click below for more information
U.S. Customs and Border Protection (CBP) will collaborate with 13 partner government agencies to deploy a Global Business Identifier (GBI) pilot program that will test the concept of a single business identifier solution to improve the US Government’s ability to efficiently identify high-risk shipments and facilitate legitimate trade.
Through the GBI Evaluative Proof of Concept (EPoC), volunteers from the trade community will provide CBP with entity identifier codes, used widely in various industries, to allow more comprehensive insight into shipper, seller, and manufacturer data.
Click the link below to read full article.
The Office of the United States Trade Representative today announced a nine‑month extension of 352 product exclusions in the China Section 301 Investigation that had been scheduled to expire at the end of 2022. These exclusions were initially reinstated on March 28, 2022 and the extension will help align further consideration of these exclusions with the ongoing comprehensive four-year review.
Interested persons may submit comments on the tariff headings containing these exclusions through the USTR portal in the four-year review, which closes January 17,2023. Additional information is set out in the following Federal Register Notice.
Click the link below to read more
Jas Forwarding USA Inc. issued a client advisory on December 16,2022 advising clients of the section 301 tariff exclusion extension.
See attached Client Advisory
The Department of Justice, and Colorado United States Attorney’s office announced that a U.S company, and its Danish parent company, has paid settlement in the amount of $728,910 for failing to properly classify its imported products and declare their value, thereby failing to pay the full amount of customs duties owed to the United States on imported goods.
Under the Tariff Act of 1930, companies that import products into the United States are required to pay customs duties—typically calculated as a percentage of the value of the goods—on those products. Importers must classify their imported products according to the Harmonized Tariff Schedule of the United States (HTSUS), and they owe different rates of duty depending on which HTSUS category the product properly falls into. Importers are also required to properly declare the value of any goods they import, including products that have been exported, repaired abroad, and re-imported into the United States.
Click below to read more.
Members of the 16th term Commercial Customs Operations Advisory Committee, known as COAC, were recognized for their meaningful contributions when they gathered Wednesday for their last public meeting of the year in College Park, Maryland. “The COAC advises U.S. Customs and Border Protection regarding regulations, policies or practices and provides critical feedback from the trade community on how these changes will impact the economy and global supply chain entities,” said CBP Acting Commissioner Troy A. Miller, who co-chaired the proceedings. “We understand that even small changes on our end can have a significant impact on trade. Millions of jobs rely on international trade, and we take both the health of the economy and economic security very seriously.”
Click link below for more information
ACE is the U.S. electronic Single Window platform for all trade processing, including all Manifest, Cargo Release, Post-release, Export and Partner Government Agency (PGA) data. Trade users can access ACE via two channels: The ACE Secure Data Portal (ACE Portal) and electronic data interchange (EDI). Deciding on which ACE access method is needed depends on the specific trade activity.
JAS Forwarding USA Inc. has been hard at work processing refund requests for the section 301 exclusion 9903.88.67 issued in March 2022 retroactive back to October 2021. This exclusion is applicable to items falling within the descriptions of the HTS for each individual HTS. Eligible items can receive a full refund plus interest of section 301 duties paid on entries from October 12, 2022. The exclusion is valid through the end of this year. So far JAS Forwarding USA Inc. has processed refund requests for clients totaling over $10 million dollars! Do you have any entries that might be eligible? Contact us today and let’s explore!
Email us at Compliance@jas.com
Last month, Laurie Arnold, VP Compliance, and Leah Ellis, Compliance Operations Manager, went on a trip to Laredo, TX to visit our LRD branch. They spent part of their week in the Laredo office, discussing compliance topics and JAS policies on statements, training, auditing, and duty payments with branch Customs Broker Gustavo Aldrete and the import team.
On July 12th, Laurie and Leah braved the record-breaking high temperatures to visit the World Trade International bridge that spans Laredo, TX and Nuevo Laredo, Tamaulipas on the Northern Mexican border. Here they developed a better understanding of the border crossing process and got to watch the cargo trucks as they brought their shipments into and out of the country.
Towards the end of their trip, they celebrated Branch Manager Antonio Pastrana’s birthday and enjoyed some cake with the Laredo team.
CBP’s Office of Trade Relations are hosting webinars during the first few weeks of June. These webinars will provide an overview of the Uyghur Forced Labor Prevention Act (UFLPA), as well as strategies on implementation of the act before it goes into effect on June 21st.
The UFLPA establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods are not entitled to entry to the United States.
CBP is also urging all importers to do their due diligence and review their supply chains to ensure their goods are not being produced with forced labor before UFLPA is implemented.
The Office of the United States Trade Representative announced its determination to reinstate certain previously granted product exclusions in the China section 301 Investigation. The determination reinstates 352 of the 549 eligible exclusions. The reinstated product exclusions will apply as of October 12, 2021 and extend through December 31, 2022.
The reinstated exclusions are set out in the Federal Register notice linked here.
Clients with products that qualify for reinstated exclusions should contact their local JAS Forwarding USA Inc. branch representative to discuss how to assess impact and define next steps to work towards any duty refunds.
The Uyghur Forced Labor Prevention Act (UFLPA) is scheduled to go into effect on June 21, 2022. In preparation for the implementation of this act, CBP has created a webpage as well as a new email for questions and information on the implementation of UFLPA. The website will be regularly updated with the most up to date information, and their inbox is open for inquiries and compliance advisement. The Forced Labor Enforcement Task Force (FLETF) will also be holding a public hearing on the methods used to prevent goods produced with forced labor from entering the US. The hearing is on April 8th, and members of the public can register on the CBP site if they wish to provide public testimony.
U.S. CBP’s ACH (Automated Clearinghouse) is an electronic payment option that allows participants to pay customs fees, duties, and taxes electronically. This program offers numerous benefits from automation of payables on duties to better accuracy of payments. Additionally, once importers are signed up for ACH, the PMS (Periodic Monthly Statement) becomes an option which provides additional cash flow benefits. To learn more, check out our ACH and PMS flyers linked below.
Did you know that the JAS Forwarding USA Inc. Compliance Team can partner with clients to consult on numerous issues? Our team has well over 100 combined years of experience in regulatory trade compliance. Check out our Compliance presentation and let’s connect and see how we can partner.
The Manhattan U.S. attorney has announced criminal and civil charges against the CEO of an apparel company. It is alleged that the CEO has engaged in Customs Fraud. The CEO is suspected of misrepresenting value of imported goods in an attempt to avoid paying lawfully owed customs duties.
There are new requirements for importing US and Foreign Goods Returned under HTSUS Chapter 98 (9801.00.10). Previous changes and history are found in the CSMS message linked below and summarized here. On April 25, 2016, a change to HTSUS Chapter 98 for U.S. goods returned went into effect. Specifically, section 904(b) of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), “Modification of Provisions Relating to Returned Property,” amended HTSUS Subheading 9801.00.10.
The expansion of Subheading 9801.00.10 includes all products exported from and returned to the United States, regardless of country of origin. For U.S. origin products, there is no time limit on filing a claim. For foreign origin products, there is a 3-year time limit. The changes to 9801.00.10 apply to U.S. or foreign articles returned to the United States and entered, or withdrawn from warehouse, for consumption on or after April 25, 2016.
U.S. Senators Rob Portman and Tom Carper, along with 38 other members of the Senate, sent a letter to U.S. Trade Representative Katherine C. Tai, asking her to restart the exclusion process for imports from China subject to tariffs under Section 301 of the Trade Act of 1974. The Trump administration set up an exclusion process to help U.S. manufacturers and businesses receive relief from the tariffs when an imported good was not available outside of China, or when the tariffs caused severe economic harm to U.S. industry. Unfortunately, those exclusions expired at the end of 2020, and the Biden administration has not restarted a process for businesses to apply for new exclusions.
The mandate issued by the International Civil Aviation Organization (IACO) from Sept 2016, requires that all air cargo carried by commercial aircraft be screened or have commensurate security measures applied by June 30, 2021. A 100% requirement for screening of cargo transported on passenger planes has been in effect since August 2010 with freight forwarders successfully meeting this mandate. JAS Forwarding (USA) has long been a member of TSAs Certified Cargo Screening Program and currently has CCSF (Certified Cargo Screening Facility) located in all major gateways
The Office of the U.S. Trade Representative has announced that there are 100 products that were on the first Section 301 exclusion list and will expire today. Among these products are electric motors, pump parts, construction equipment, agricultural vehicles, hubs, bearings, capacitors, switches, and dental x-ray equipment. Please click below to access the list of tariffs that are due to expire.
USMCA WEBINAR 06.23.20
(Presentation only file below)
CERTIFICATION FORM
There is no official certificate of origin form for USMCA; however, certification is required at the time of the claim. Please find a template form that is available below if a form is preferred.
The following presentations are available for informational purposes only related to COVID-19. Please be advised that the material provided is not legal binding and should not be considered legal advice.
U.S. Customs and Border Protection’s 2023 Trade Facilitation and Cargo Security Summit was held April 17 to 19 in Boston with a record live attendance of 1,200 and 3,000 virtual participants. Panel and breakout sessions covered a variety of topics including De Minimis challenges, Cybersecurity, Forced labor enforcement, Green trade, E-commerce, Broker Modernization, and several Customs-Trade Partnership Against Terrorism (CTPAT) sessions. CBP Acting Commissioner Troy A. Miller spoke at the event and stated, “Protecting the security, health and economic vitality of the American people has required intense work and commitment from customs brokers, logistics experts, importers and exporters, legal advisors, civil society and many more. Thank you for your partnership.”
The month of June is the birth month of a historical figure whose life, though brief, continues to inspire to the present day. Anne Frank was born on June 12, 1929. Anne was a young Jewish girl who documented her family’s experiences in a series of diaries she wrote while hiding from Nazi persecution from 1942 to 1944 in an attic in Amsterdam. Tragically, Anne and her family were eventually discovered and arrested by the Gestapo. Anne was sent to Bergen-Belsen concentration camp where she tragically died. However, in spite of her suffering, Anne penned such quotes as “Where there’s hope, there’s life. It fills us with fresh courage and makes us strong again”. May we all approach each day with the same hope-filled spirit.
On April 19, 2023, the Bureau of Industry and Security (BIS) issued the largest standalone administrative penalty in its history. The US Company and its Singaporean affiliate were imposed a $300 million civil penalty to resolve alleged violations of U.S. Export Controls related to selling hard disk drives to Huawei Technologies Co. Ltd. The US Company continued to do business with Huawei despite being aware of the August 2020 controls that BIS imposed on Huawei. This is another reminder of the importance of entity screening and the need to discontinue relations with sanctioned entities. To read more details, check out the BIS press release in the link below.
Laurie Arnold, JAS Vice President of Compliance and the NCBFAA Treasurer, spoke on the panel "Past, Present, & Future" at the National Customs Brokers and Forwarders Association's (NCBFAA) 50th annual conference in New Orleans. Pulling out her "crystal ball," Laurie speculated on what the future work environment might look like considering the ongoing development of Artificial Intelligence and chat apps. The panel also discussed the environmental benefits of remote work and the potential danger of cyberattacks on business, power grids and the water supply.
As a reminder, per 15 CFR 30.60, the Electronic Export Information (EEI) collected by the Census Bureau is confidential and it "shall not be disclosed to anyone by any officer, employee, contractor, agent of the federal government or other parties with access to the EEI other than to the USPPI or the authorized agent of the USPPI."
The Internal Revenue Service issued its much anticipated notice of proposed rulemaking outlining the requirements for electric vehicle eligibility for the Section 30D New Clean Vehicle Credit of the Inflation Reduction Act of 2022. A total credit of $7,500 is available provided that; 40% of the critical minerals used to manufacture the vehicle's battery must be extracted or processed in the U.S. or any country the U.S. has a free trade agreement with (which increases to 80% by 2026); and 50% of the battery components must be manufactured or assembled in North America (which increases to 100% by 2028). There are also maximum vehicle value limitations and phased in prohibitions for components and minerals coming from a "foreign entity of concern" (to be defined at a later date). Check out the full Federal Register notice at the link below:
The implementation of UFLPA has led to a marked increase in Customs and Border Protection (CBP) detentions which, at present, are notified to the trade via a paper CBP form 6051D Notice of Detention. On May 20, 2023, CBP will deploy to the ACE Secure Data Portal the automation of the form to allow the trade to complete the form and provide additional documentation to CBP via the portal.
The lead Congressional sponsor of UFLPA, Senators Jeffrey Merkley and Marco Rubio and Representatives James McGovern and Christopher Smith, sent a letter to Robert Silvers, Chair of the Forced Labor Enforcement Task Force (FLETF) requesting, inter alia, more robust reporting to Congress of UFLPA enforcement measures, expansion of the Entity List, and increased scrutiny of de minimis shipments. To read more, click the button below.
The 9th annual Global Trade Education Conference (G-TEC), hosted by the NCBFAA Educational Instistute (NEI) will be held at the Omni Hotel in Oklahoma City, OK from July 31 toAugust 1, 2023. G-TEC is the premier industry training conference and this year's event includes a Pre-Conference Workshop on Sunday afternoon. For more details and registration information, click below.
March 30, 2023, CSMS message 55701614 was released indicating “The new requirements for reporting the countries of smelt and cast for imports of aluminum and aluminum derivative products effective on April 10, 2023 have been delayed thirty days until May 10, 2023. This will allow additional time for the trade to update their software programming and systems to comply with these new reporting requirements.”
On March 17, 2023, the United States Court of International Trade held issued its opinion on whether the Office of the U.S. Trade Representative complied with the Administrative Procedure Act. This opinion was related to lists 3 and 4a of the Section 301 tariffs on China. In the opinion, the Trade Court upheld the Section 301 tariff action. To read the full opinion, check out the link below.
CBP has developed a UFLPA dashboard! CBP recently noted “Since UFLPA went into effect last year, CBP has hosted more than 150 engagements with industry providing compliance information and guidance,” said AnnMarie R. Highsmith, Executive Assistant Commissioner for CBP’s Office of Trade. “The Technical Expo and dashboard represent the next major step in our joint engagement with industry towards achieving our mutual goal, not just to prevent forced labor from entering the U.S. commerce, but from ever happening in the first place.”
CBP produces some informative and exciting videos related to international trade. These videos can be found on the CBP.GOV website by going to the “Newsroom” link and selecting Video Gallery. Check out this short informative video called “The Truth Behind Counterfeits.”
The Impracticable to Screen (ITS) currently has an amendment to the 100% screening requirements that is set to expire on October 31, 2023. The expiration of this amendment could have significant affects on US shippers that ship cargo that falls within this category, items such as drums and sacks. For more details, we have included our advisory on this issue below.
In February, BIS (Bureau of Industry and Security) issued a penalty for over 2 million dollars to a 3D printing company that exported military design documents to China and Germany. To read more, check out the link below.
Thomas Tusser was a poet in 16th century England. His poetry contains the origin of a famous saying about April showers and what follows in May. His best-known poem was called “Five Hundred Points of Good Husbandry.” Tusser’s rhyme was just a little different than ours today but the message is the same!
“Sweete April showers,
Doo spring Maie flowers”
Today, it reads:
April showers bring May flowers!
Happy April!
Updated guidance for processing approved Section 232 product exclusions was announced on February 7, 2023 via CSMS message 55014059.
CBP now directly processes approved Section 232 exclusions based on weekly lists provided by DOC. CBP activates approved product exclusion IDs in ACE on a weekly basis.
Importers can check CBP.gov every Friday, to determine if a Section 232 approved product exclusions is active in ACE. The posting can be found at https://www.cbp.gov/document/publications/active-section-232-product-exclusions-ace.
Polyvinyl chloride, which is one of the most widely produced synthetic plastics, is used in a wide variety of applications including doors, windows and even flooring. PVC may be a new target for CBP in the Forced Labor arena. Sandler Travis & Rosenberg’s article shares a little more on this topic. To check it out click on the link below.
CBP “participated” in the big game. CBP’s efforts include the security screening of all vehicles entering and working in the stadium in advance of Super Bowl LVII in Glendale, AZ. CBP is often called to help with events of this magnitude.
CBP Officers are trained to look for things that are out of place or not quite right. Officers use specific questions and tactics to determine if anything is not normal.
The US Trade Representative Katherine Tai, released a statement regarding Mexico’s resolution aimed at prohibiting imports of merchandise produced with forced labor.
“With this resolution, Mexico has taken an important step toward joining the United States and Canada in prohibiting the importation of goods produced with forced labor. In light of this progress, the United States, Canada, and Mexico will work more closely together to eliminate forced labor from global supply chains and tackle transshipment, leveling the playing field for North American workers while protecting the most vulnerable workers around the world,” said Katherine Tai, US Trade Representative.
A civil lawsuit was filed and settled against a US based vitamin corporation that imports and sells nutritional supplements from China. The settlement resolves claims that the importer was defrauding the US by misclassifying products under the Harmonized Tariff Schedule in order to avoid paying duties. This resulted in the the U.S. Attorney announcement of a $22.8 million settlement. To read more check out the link below.
Technically, pickles are fruit. They are made from cucumbers which are commonly seen as vegetables; however, they are a seed containing fruit of the cucumber plant. But what’s kind of a big “dill” is that the lucky pickles are classified correctly for importing and exporting purposes! Pickles are to be classified in heading chapter 2001 which provides for other vegetables, fruit, prepared or preserved by vinegar or acetic acid! Happy St Patrick’s Day!!
U.S. Customs and Border Protection (CBP) officers in Louisville KY detained a shipment believed to be counterfeit jewelry on January 2.
CBP officers examined the shipment to determine the admissibility of the goods and discovered the shipment contained 4,920 pairs of earrings with Chanel logos. They were seized for infringing Chanel’s protected trademarks. The earrings, arriving from China and heading to Maryland, would have been worth a total of $1.37 million had they been genuine.
“This just goes to show you how criminals are using express consignment facilities to ship their items to unsuspecting consumers, damaging our economy,” said LaFonda D. Sutton-Burke, Director, Field Operations-Chicago Field Office. “I want to congratulate our Officers for their outstanding job. CBP is the first line of defense, and we will continue to protect the safety of consumers.”
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers associated with purchasing counterfeit and pirated goods online or in stores. More information about that initiative is available at www.cbp.gov/fakegoodsrealdangers.
Beginning March 18, 2023 US Customs will require a postal code for entries with goods manufactured in China. CBP will utilize the postal codes to help determine if the imported products are coming from the Uyghur region. This enhancement will provide an early notification to importers of the possibility their goods may have been produced with forced labor. Any warning messages we receive will be reported to the importer.
Valentines Day is February 14th a day that is common to give cards to the one you love. Did you know that Valentine’s Day cards date back to the 18th Century. Initially cards were handmade. Lovers would decorate paper with flowers and love knots and they often included lines of poetry. These cards were then slipped secretly under a door or tied to the door handle. The first commercial Valentine’s Day cards appeared in England at the end of the 18th century. These cards were often made of wood and colored by hand. In the mid 19th century Valentines Day cards rapidly gained popularity in America. Technology allowed for more elaborate cards to be produced cheaply which helped them gain in popularity. Hallmark produced the first Valentines Day card in 1913.
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