JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229

COMPLIANCE SOLUTIONS

JAS USA Compliance Insights

Compliance Solutions

JAS USA Compliance Insights on the Impact of COVID-19

JAS USA Compliance
October 1, 2021

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.

See the Presentation(PDF)
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Manhattan U.S. Attorney Announces Criminal and Civil Charges Against CEO of Apparel Company for Customs Fraud
October 1, 2021

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.

Read more details from the U.S. Attorney's Notice
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New Requirements for Importing US and Foreign Goods Returned
September 1, 2021

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 The changes to 9801.00.10 apply to U.S. or foreign articles returned to the United States and entered, or withdrawn from warehouse, for consumption on or after April 25, 2016.

Read More Here
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Colleagues Urge U.S. Trade Representative to Help U.S. Manufacturers, Restart the Exclusion Process for Imports Subject to Tariffs on China
June 3, 2021

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.

Read the Full Article
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ICAO All-Cargo 100% Screening Mandate June 2021
December 2, 2020

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

Read More
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SECTION 301 EXCLUSIONS EXPIRING JULY 9, 2020
July 9, 2020

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.

EXCLUSIONS EXPIRING 07.09.20
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USMCA IMPLEMENTATION AS OF JULY 1, 2020
June 23, 2020

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.

USMCA WEBINAR 06.23.20 - PRESENTATION ONLYUSMCA CERTIFICATION TEMPLATE FORM
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JAS PRESENTATIONS RELATED TO COVID-19
April 23, 2020

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.

Importing & Exporting PPE - Presentation OnlyImporting & Exporting PPE - Audio VersionPPE Products Export From China - Operation Manual
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IMPORTING COVID-19 MATERIALS
April 21, 2020

JAS USA Compliance is receiving questions regarding the importing materials related to the COVID-19 pandemic.  The below information is intended to be a guide and serve as a resource for informational purposes.​

IMPORTING PERSONAL PROTECTIVE EQUIPMENT

When an inquiry is submitted to JAS USA Compliance regarding the importation of personal protective equipment (PPE), please provide answers to the following questions when submitting your inquiry:

Face Mask/Respirators

  • What is the intended purposes?  Medical or non-medical?  Surgical mask that provide a liquid barrier protection?
  • Who is the manufacturer?
  • What is the type?  N95, KN95, KN100, etc?
  • Are they NIOSH Approved or Non-NIOSH approved? The approved list of NIOSH respirators can be found HERE.

Hand Sanitizer/Antibacterial Soaps

  • Is it alcohol based? What is the content of the alcohol?
  • Who is the manufacturer? Is the manufacturer registered with FDA?


Surface Disinfectors

  • Is it the cleaner considered to be a pesticide?


COVID-19 Test Kits

  • Who is the manufacturer?


Thermometers

  • Are the thermometers liquid filled or non-liquid filled?

Surface Disinfectors

  • Is it the cleaner considered to be a pesticide?

If the inquiry is regarding any other emergency items not listed, please provide as much information about the product as possible including the manufacturer information and a complete description.

Any further questions regarding importing COVID-19 materials can be sent to compliance@jas.com.

RESOURCES AND FREQUENTLY REQUESTED INFORMATION

FDA’s Subject Matter Experts

Due to the large number of inquiries that FDA and CBP have been receiving on importing medical products under one of the guidance documents or an Emergency Use Authorization, we have set up the following email addresses for importers, manufacturers, or brokers to get direct answers.

For more information, please visit the following links to FDA's COVID-19 website

CSMS # 42448725 - Information for Filing Personal Protective Equipment & Medical Devices During Covid-19

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According to a release order published by the White House, CBP announced that they will be detaining silica-based products made by Hoshine Silicon Industry Co., Ltd. and its subsidiaries.  CBP indicated that there is an indication that the company used forced labor in manufacturing these products. The polysilicon produced in the Xinjiang region of China is a core material in solar panels made in Asia.

Is your product being investigated for possible antidumping or countervailing duties?  Do you know how to find if it is before a formalized case has published?  The International Trade Commission (USITC) publishes public notices regarding investigations, solicitations, public comments, and questionnaires.  Click HERE to go to the USITC webpage for public notices.

FDA regulates sunscreens to ensure they meet safety and effectiveness standards. To improve the quality, safety, and effectiveness of sunscreens, FDA issued requirements and it must pass certain tests before they are sold.  Also, how you use the product, and other protective measures you take, make a difference in how well you can protect yourself and your family from sunburn, skin cancer, early skin aging and other risks of overexposure to the sun.

Here are some key sun safety tips:

  • Limit time in the sun, especially between the hours of 10 a.m. and 2 p.m., when the sun’s rays are most intense.
  • Wear clothing to cover skin exposed to the sun, such as long-sleeved shirts, pants, sunglasses, and broad-brimmed hats.
  • Use broad spectrum sunscreens with SPF values of 15 or higher regularly and as directed.
  • Reapply sunscreen at least every two hours, and more often if you are sweating or jumping in and out of the water.

Enjoy your summer and have fun in the sun!

Re-Export Under the EAR

Date:  July 28, 2021

Location:  VIRTUAL

The Bureau of Industry and Security (BIS) will offer a virtual seminar entitled Reexports under the EAR.  The seminar will explain how to determine if items made outside the United States are subject to the Export Administration Regulations (EAR) by using the Foreign Direct Product (FDP) rules, including the new Entity List related FDP, and the De minimis rules.  They will also discuss how to apply for a reexport license, common license exceptions used to reexport, and compliance tips.

Register Here

2021 Virtual Update Conference on Export Controls & Policy

Date: September 2, 2021

Location:  VIRTUAL

The Bureau of Industry and Security (BIS) is preparing for its annual Update Conference on Export Controls. This major outreach activity draws business and government representatives from around the world to learn and exchange ideas about export control issues. It is one of the Department’s most notable international trade events.

Register Here

U.S. Customs and Border Protection announced its seizure of a shipment of nitrile disposable gloves from Malaysia suspected of being made with forced labor. This announcement confirms that a recent seizure authorization is broader than the original withholds release order and that CBP is in fact acting under that authorization.

Senate Finance Committee Chair, Ron Wyden, announced legislation to update and reauthorize three expired trade programs: Generalized System of Preferences (GSP), the Miscellaneous Tariff Bill (MTB) and the American Manufacturing Competitiveness Act (AMCA). The Trade Preferences and American Manufacturing Competitiveness Act of 2021 will extend duty-free access to the U.S. market for certain developing countries under GSP until 2027, with important updates to eligibility rules that ensure trade policy rewards advances in human rights, women’s economic empowerment, labor, environment, rule of law and digital trade, among others.

Fabrics for Specialized Uses

Date: June 21, 2021

Location:  VIRTUAL

This webinar hosted by Customs & Border Protection will cover information as it relates to importing fabrics of specialized uses.

SIA 2021 Virtual Summer Back to Basics Conference

Date:  July 12-16, 2021

Location:  VIRTUAL

This five-session conference will provide attendees with the important first step to exporting articles on the United States Munitions List (USML) and the Commerce Control List (CCL) and the associated defense services and technology. This webinar is deal for newcomers (less than 5 years of experience) to exporting under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Attendees will become familiar with the various types of licenses, agreements, exemptions and exceptions and the requirements and conditions associated with each.

Laurie Arnold and Leah Ellis of Corporate Compliance at JAS Forwarding attended the NCBFAA annual conference and provided their committee reports at the annual meeting.  The NCBFAA conference is an annual event that brings together more than 600 international trade representatives from across the United States to discuss trade affairs.

The new version of the publication “Don’t Let This Happen to You” is now available!  This publication is an introduction to the consequences of violating U.S. Export Control laws.  It includes actual investigations, export control and antiboycott violations published by the Bureau of Industry Security.  

To read the access the latest version, CLICK HERE.

Ahhh, the smell of ripe strawberries lingers in the air as one of the most wonderful times of the year has arrived…. SUMMER!  

Consider strawberry picking as a family friendly outdoor activity this year!  Most of us are accustomed to strawberries from the grocery that were shipped in from faraway places and picked perhaps a bit early to ensure smooth travels.   Local strawberries are a totally different experience.  You are selecting each one yourself at the peak of perfection.  They are ripe and red totally through and filled with flavor beyond comparison.

Here are 5 tips to make your strawberry picking experience the best!

  1. Pick on a weekday when strawberry availability is at its peak. Strawberries ripen over time and supplies are best mid-week.
  2. Arrive right when the farm opens on weekends.
  3. Local Berries are Fragile. Eat your strawberries or freeze them within 24 hours of picking.  
  4. Dress for Picking!  You are visiting a working farm so close-toed shoes, sun hat and sunscreen are in order.  
  5. Please pay for your Strawberries before eating them. It is hugely tempting to eat strawberries while picking, but strawberries are sold by the pound at most farms so you will need to weigh and pay before you enjoy.

Enjoy!! Cheers to the summer!

President Biden announced on April 12th his intent to nominate Chris Magnus, who has served as police chief of Tucson, Ariz., since January 2016, as commissioner of U.S. Customs and Border Protection.

According to a White House press release, Magnus rose through the ranks of the Lansing, Mich., police department and has also served as police chief in the cities of Fargo, N.D., and Richmond, Calif. “In each of these cities,” the press release said, “Magnus developed a reputation as a progressive police leader who focused on relationship-building between the police and community, implementing evidence-based best practices, promoting reform, and insisting on police accountability.” The White House also cited Magnus’ “extensive experience in addressing immigration issues” during his time in Tucson near the U.S.-Mexico border.

Enforcement of the prohibition of importation of goods mined, produced, or manufactured by forced labor is on the rise. CBP has published a webpage that contains withhold release orders issued by the Commissioner and findings published in the Federal Register. CBP does not generally publicize specific detentions, re-exportations, exclusions, or seizures of the subject merchandise that may have resulted from the withhold release orders or findings.

On April 29, 2021, Kevin J. Kurland, Acting Assistant Secretary for Export Enforcement, Bureau of Industry and Security (BIS) of the U.S. Department of Commerce, announced an administrative settlement of $3,290,000 with SAP SE (SAP), a multinational software company based in Walldorf, Germany. SAP also agreed to complete three audits of its export compliance program over a three-year period. SAP voluntarily self-disclosed potential violations of the Export Administration Regulations (EAR) to BIS and cooperated with the investigation conducted by the Boston Field Office of BIS’s Office of Export Enforcement.

The United States Trade Representative (USTR) announced the next steps in its Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by ten U.S. trading partners.   In January, USTR found that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom were subject to action under Section 301 because they discriminated against U.S. digital companies, were inconsistent with principles of international taxation, and burdened U.S. companies.  USTR is proceeding with the public notice and comment process on possible trade actions to preserve procedural options before the conclusion of the statutory one-year period for completing the investigations.

Did you know that Harbor Maintenance Fees (HMF) are exempt on an Entry Summary line (when MOT 10 vessel non-containerized, 11 vessel containerized, or 12 barge) when the article is classified under some HTS chapter 98 provisions?  Chapter 9808 has been added to that list. The HTS chapter 98 provisions that exempt the HMF are now 9804, 9805, 9806, 9807, 9808, and 9809.

Did you know that the Memorial Day Holiday used to be known as Decoration Day?  The holiday was celebrated by “decorating” the graves of fallen soldiers with flowers, flags, and more, hence the name “Decoration Day.” Over time, it became known as Memorial Day.  

We honor the men and women who died while serving in the U.S. Military, particularly those who died in battle or because of wounds sustained in battle.

SIA 2021 Spring Virtual Advanced Conference

Date:  May 17-19, 2021

Location:  VIRTUAL

This is a three-day VIRTUAL advanced level forum focusing on the processes and procedures relating to export controls and compliance.  Agenda topics will address a variety of advanced issues of concern to the international trade community in a more intimate setting with attendees from industry, government, and other international trade specialists.


Complying with U.S. Export Controls

Date: June 8-11, 2021

Location:  VIRTUAL

The two-day 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.

U.S. Customs and Border Protection (CBP) announced on March 29th that it has directed personnel at all U.S. ports of entry to begin seizing disposable gloves produced in Malaysia by Top Glove Corporation Bhd. (Top Glove).  The CBP Office of Trade published a forced labor finding against disposable gloves produced in Malaysia by Top Glove in the Customs Bulletin and in the Federal Register.  The finding communicates that CBP has sufficient information to believe that Top Glove uses forced labor in the production of disposable gloves. Merchandise covered by the forced labor finding is subject to seizure upon arrival at a U.S. port of entry.

The U.S. Trade Representative has modified the actions being taken in the investigation of civil aircraft dispute on European products.  The 15% tariffs on civil aircraft and 25% tariffs on approx. 150 tariff lines of products including liquor, Italian food and beverages, lenses, Greek yogurt, Spanish pork, and more were lifted at 12:01 a.m. March 11, and will remain suspended until midnight July 10.

Exclusions from the Section 301 additional tariffs on imports from China for 99 medical care products needed to address the COVID-19 pandemic are being extended through Sept. 30, 2021. These exclusions were scheduled to expire March 31; however, the Office of the U.S. Trade Representative has determined that these items are needed to combat the pandemic.

On December 23, 2020, the U.S. Department of Commerce (Commerce) published a final rule in the Federal Register adopting the Aluminum Import Monitoring and Analysis (AIM) system regulations and establishing an AIM website. The AIM website consists of an online aluminum import license application platform and public AIM monitor. Commerce published a notice of a delay in January with an effective date of March 29, 2021.  This has been delayed again and is now effective June 28, 2021.  This delay means that licenses will not be required for covered aluminum product imports until June 28, 2021. Further information and a revised effective date will be provided in the Federal Register notice.

The United States Trade Representative (USTR) announced the next steps in its Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by ten U.S. trading partners.  In January, USTR found that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom were subject to action under Section 301 because they discriminated against U.S. digital companies, were inconsistent with principles of international taxation, and burdened U.S. companies.  USTR is proceeding with the public notice and comment process on possible trade actions to preserve procedural options before the conclusion of the statutory one-year time period for completing the investigations.

On March 1, 2021, the U.S. Court of International Trade (CIT) issued a decision with important ramifications for any company that uses “first sale” to reduce customs duty liability for goods imported into the United States.  All companies relying on first sale should review their first sale programs to evaluate the impact of this ruling and take adequate precautions.

Roll up your sleeves and get your garden ready for Summer on April 14, as it is National Gardening Day. Gardening is a fun and relaxing hobby enjoyed by many, and this is the perfect day for those who have been wanting to take up gardening to finally gather their tools and seeds and get their hands dirty. National Gardening Day happens at the height of Spring, so it is the perfect day to start growing your flowers, vegetables, herbs, and fruits, so they are ready to be enjoyed in the Summer. Even if you don't have a garden, you can still exercise your green fingers on houseplants, and bring the outside in.  Happy Spring!!

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