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Episode 1 The CBP Office of Trade Control has joined together with Santa’s Workshop for an exiting new Series, CBP Trade Special Operation North pole. Check out the investigation and learn more about how all goods, even those from Santa’s Workshop, need to adhere to U.S. trade laws.
Ahead of the upcoming guidance on the Uyghur Forced Labor Prevention Act (UFLPA), it is strongly recommended that all importers review their supply chain to ensure that their goods are not being made with forced labor. CBP has a FAQ section for the Xinjiang Uyghur Autonomous Region that covers Withhold Release Orders, proof of admissibility, and best practices. The Due Diligence/Best Practices section has extensive resources that you can apply when reviewing your supply chain. The UFLPA will be going into effect on June 21st, so be sure to do your due diligence as soon as possible.
AD/CVD (Anti-dumping and countervailing duty) is a hot topic in the trade world these days. Determining whether AD/CVD applies to products is imperative to understand the costs of imported goods. Applicability of AD/CVD is typically based on the description of the item as it relates to the scope of the AD/CVD order. HTS codes are part of AD/CVD scopes but are not the deciding factor.
Using case numbers, The US Customs & Border Protection system for AD/CVD search AD/CVD search can provide information on specific cases including scope and other background related to individual cases. Simply enter a case number in the search field and the results will appear. Users can sort by date, status, type and much more.
US importers are responsible for keeping all records related to imporations into the United States for the legal retention period. In general records must be kept for 5 years from the date of entry, or 5 years from the date of the activity which required the creation of the record. Failure to produce entry records upon lawful demand can result in significant consequences. Check out CBP’s informed compliance publication on “Recordkeeping” in the link below to learn more.
Flagging for reconciliation allows importers to file their entry summaries using the best available information they have on file and electronically “flag” estimated elements, with the mutual understanding that CBP will receive the actual information at a later date. Importers can then provide the corrected information on a new type of entry called a Reconciliation. To read more about reconciliation, check out the link below.
CBP’s website (linked below) for “Official Notice of Extension, Suspension and Liquidation” can be used to determine the status of entries. Entries must have a status of extension, suspension, or liquidated to produce any results. Some of the information returned includes Posted date, Liquidation date, Action (meaning change increase or no change, etc.), Port of Entry, Entry date, Entry Type, and the CEE Team designation.
Users can search by entry number along with combinations of filer code and importer of record numbers. This can be a useful quick check tool to see the status of entries!
The US Census Bureau’s Schedule B search engine is another useful tool for getting started finding HTS codes and or Schedule B numbers. Schedule B numbers follow a similar pattern to US HTS codes (although there’s less Schedule B numbers). The numbering system is like the harmonized system.
Using the Schedule B Search Engine simply requires answering a few key questions about the commodity being reviewed. Then a potential Schedule B is displayed on the screen. This can be useful for imports if the item being classified is not very familiar to the classifier.
Check out the Schedule B Search engine at the link below.
Free Trade Agreements are a great way to reduce costs through the reduction or elimination of duties on qualified items. Free Trade Agreement items are often qualified for the agreement through numerous rules centered around the rules of origin. Did you know that many finished goods may qualify for a free trade agreement even though it has material from countries that are not part of the agreement? The rules of origin can be daunting but rewarding if applied effectively. Check out the listing of free trade agreements in the US in the link below. Need help? Contact JAS Forwarding USA Inc. Compliance today!
CBP has published numerous “Informed Compliance Publications.” These articles offer extensive commentary onvarious topics from how to classify apparel and sets to rules of origin andmuch more. The full list of informed compliancepublications can be found at the link below:
Effective July 1, 2021, the United States-Mexico-Canada Free Trade Agreement (USMCA) will implement the sewing thread requirement.
Sewing thread of headings 5204, 5401, 5508, or yarn of heading 5402 (used as sewing thread) and used in apparel products of Chapters 61 and 62 of the Harmonized Tariff Schedule of the United States, will only be considered originating if the thread is both formed and finished in the territory of one or more USMCA parties.
Sewing thread is considered formed and finished in one or more USMCA countries, if all production processes and finishing operations, starting with the extrusion of filaments, strips, film or sheets, and including slitting of a film or sheet into strips, or the spinning of all fibers into yarn, or both, and ending with the finished single or plied thread ready for use for sewing without further processing. (Non- originating fiber maybe used in the production of sewing thread of headings 5204, 5401 or 5508, or yarn of heading 5402 used as sewing thread.)
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.
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.
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.
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.
Are you unsure if your shipment is subject to antidumping or countervailing duties? Do you need a better understanding of which government agencies are involved and enforce the regulations? Do you need a better understanding of preliminary case determinations or what happens when there is a final determination? Click HERE to review the most frequently asked questions published by US Customs to answer a lot of questions as it relates to antidumping and countervailing duties.
The Office of the United States Trade Representative (USTR) today released the findings of its 2020 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List), which highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting and copyright piracy.
The export statistics are initially collected and compiled in terms of approximately 8,000 commodity classifications in Schedule B: Statistical Classification of Domestic and Foreign Commodities Exported from the United States. The 2021 Schedule B has been released and is available online!
The country of origin for imported goods has always been important; however, it has become increasingly more important. It has long been important for country of origin marking and free trade agreement eligibility. Now with Antidumping and Countervailing duties and Section 232 and 301 duties it has taken on new significance. Be sure to review the Rules of Origin in CFR19 Part 102by CLICKING HERE to ensure the correct Rule of Origin is being reported!
Customs and Border Protection require a minimum of 16 data elements on a commercial invoice for entry processing. Please review the commercial invoice requirements for a full detailed description.
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.
Are there questions about what is subject to China tariffs for products from Hong Kong since the new rule has been published? CBP has provided a list of frequently asked questions available on their website. To see the list of questions and answers, click HERE!
Entry Type 86 is a fairly new entry type intended to help Customs and Border Protection (CBP) manage the flow of goods by creating greater visibility for low-value shipments entering the U.S. while improving border protection, import security, and safety. As of September 2019, imports to the U.S. with a de minimus value of less than $800 can be classified under type 86. Do you have questions about how or when this entry type can be used? Please see the list of FAQ’s on Customs website regarding entry type 86.
CBP has published a list of frequently asked questions regarding the U.S. Australia Free Trade Agreement. The FAQ’s answers questions related to claims of preferential tariff treatment, certification of origin, documentation, verification and more! Click HERE to read more!
Registrar Corp’s Regulatory Advisors are available 24-hours a day seven days a week to assist with U.S. Food and Drug Administration (FDA) regulations. They have a live chat that is managed by global staff to help assist with questions regarding labeling requirements, FDA registration, detained shipments and more.
Please visit their website for further information!
The new USMCA Trade Agreement will be entering into force in just a few months! CBP has published an interim implementation instructions guide.
On August 25th, some Consolidated Omnibus Budget Reconciliation Act (COBRA) customs user fees and limitations were adjusted. The following changes will be applied to imports starting October 1st, 2022:
Trade highlights from CBP’s recent updates for Fiscal Year 2022 going through June 30th:
CBP has announced new requirements related to forced labor for the CTPAT program that will affect all current and future participants in the program. Six requirements have been changed from “should” to “must” within the minimum security criteria requirements to be a CTPAT partner: Risk-based mapping, due diligence and training, evidence of implementation, code of conduct, remediation, and shared best practices. CTPAT members must meet these new requirements to be accepted as a partner, and current CTPAT partners will have until August 1st 2023 to implement the new rules. Trade and Compliance experts have raised concerns that implementation of these new rules may result in higher costs for participating members.
Recently, Laurie Arnold, JAS VP Compliance and the Treasurer for NCBFAA, attended the 8th annual NEI Global Trade Educational Conference (GTEC). The event took place at the historic InterContinential Chicago Magnificent Mile hotel, hosted by the NCBFAA Educational Institute (NEI). Laurie attended presentations on many different subjects, including forced labor, 301 tariffs, CBP updates, binding rulings, and trade remedies. The event had many networking opportunities to connect with other members in the industry. The NEI offers multiple learning and educational opportunities. If you would like to learn more about these types of events, you can subscribe to NEI news and updates from the NCBFAA site.
It’s that time of year again. Fall is almost upon us! Fall officially starts September 22nd on the Autumnal Equinox. After months of record-breaking heat, we can finally start to wear long sleeves again, sip some warm coffee, relax, and watch the leaves change. Have you ever wondered why the leaves change? Many think it has to do with the cooling weather, but this is not the case. The beautiful red, yellow, and orange coloring we see in leaves are the result of the tree receiving less sunlight! Every leaf has a chemical inside called chlorophyll, which allows the leaf to absorb sunlight and gives them their signature green color. As the days get shorter, chemical changes take place that causes the base of the leaf to form a corklike wall where it meets the tree branch. This wall seals off the leaf from the rest of the tree, cutting off the supply of nutrients going to the leaves from the tree. The lack of nutrients and less daylight cause the chlorophyll to break down. The green color from the chlorophyll fades, and the other pigments within the leaf begin to make an appearance. Whether the leaf turns red, yellow, orange, or tan all depends on the other chemicals and pigments within the leaf.
Be sure to share these facts with your friends and family, and have a wonderful Autumn!
The Department of Commerce (DOC) has initiated an inquiry to establish whether imports of completed aluminum foil products from Korea and Thailand that use Chinese-manufactured aluminum inputs are circumventing antidumping and countervailing duties on those goods. These duties apply specifically to aluminum foil “having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width,” that was manufactured in China. The DOC will be contacting certain companies in Korea and Thailand to analyze their production and supply chain and make a decision based on their review.
The United States and Kenya recently began talks to develop a stronger trade partnership and to help drive economic growth. Kenya is already a part of the African Growth and Opportunity Act (AGOA), which allows them duty-free access to certain goods in the US market. The US Trade Representative and the Kenyan Ministry of Industrialization, Trade and Enterprise Development Cabinet Secretary plan to continue meeting and develop a roadmap for enhanced cooperation between the two countries. The main points they are looking to collaborate upon include anti-corruption practices, environmental protection, digital trading, and the development of micro, small, and medium enterprises that help sustain economic growth. They are set to begin work on these projects within the next few months.
According to the Trade Act, Section 301 actions must undergo a review every 4 years to ensure that those tariffs are still necessary and effective. During the review process, USTR will take comments and requests for continuance from members of the industry via the online portal on the USTR website.
List 1 was originally set to expire on July 6th but is still currently in effect, though no announcement has been made about its continuation yet. The 60-day period to request continuation for List 2 is open until August 22, 2022. List 3 is scheduled to expire this September, and List 4A is set for September 2023, and both will have their own respective opportunities to submit requests for continuance.
This August, students will begin returning to classes for the 2022-2023 school year. Let's look at some interesting facts about schooling in the US to get those brains back in action!
Judicial Remedies - Challenging CBP's Decisions & Rulings in the Court of International Trade
August 16th, 2022
2:00 PM ET - 3:00 PM ET
1 CCS Credit
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.
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.
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.
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.
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.
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:
Happy 4th of July! Please make sure to be safe when using fireworks!
CBP recently expanded their Antidumping/Countervailing Duties & Trade remedies web page. This site has links with the latest information on trade remedies for Sections 201, 232 and 301, AD/CVD information, FAQ’s, Informed Compliance Publications, guides on different trade policies, and a searchable public message system. This site will be an incredibly helpful tool for importers looking to get their products through customs efficiently and avoid delays.
On May 9th, the Department of Commerce announced that the Section 232 Tariffs on Ukrainian steel will be lifted for one year. This follows similar tariff suspensions on Ukraine-originating goods by other allied countries around the world. Ukraine’s steel industry is one of the most important parts of their economy and employs a significant portion of the country. This suspension will provide relief to this industry, allowing for additional export opportunities as their steel mills begin production again.
The US Commerce Department will require aluminum licensing applications to note “country of largest smelt” and “country of second largest smelt” starting June 29, 2022. This means that importers bringing in aluminum products will need to identify on their applications the country in which the largest and second largest volumes of new aluminum are being produced. There was a one year grace period allowed for importers to use “Unknown” in these fields as they collected the information they would need to meet the requirement. This grace period will expire June 28th, and moving forward, all aluminum import license applications will require these fields to be filled for the aluminum licensing application to be considered.
The FDA recently released updated guidance on Foreign Supplier Verification Programs for Food Importers (FSVP), requiring that every entry line of food being imported to the US has a unique facility identifier (UFI). Earlier guidance allowed for using “UNK” (unknown) in place of the DUNS number in the UFI field, as this was a new requirement and importers would need time to gather the necessary information. As of July 24th, 2022, the FDA will no longer allow the use of “UNK” in the UFI field. All foods subject to FSVP must have the corresponding DUNS number in the UFI field of each entry. Moving forward, CBP will reject any entry line for foods subject to FSVP if there is no DUNS provided.
Last month, CBP announced that they would be sending Known Importer Letters to importers that imported goods that may be subject to the Uyghur Forced Labor Prevention Act (UFLPA). Since then, approximately 400 letters have been sent to importers across the US. There are two versions of this letter, one for importers that are part of the Customs Trade Partnership Against Terrorism (CTPAT), and one for those who are not. The CTPAT letters have additional language noting that the importer may be removed from the CTPAT program if they are in violation of UFLPA. CBP is urging all importers to thoroughly review their supply chains before implementation of UFLPA on June 21st.
Summer starts on June 21st, and experts say we are in for a hot one this year! Meteorologists are predicting above-average temperatures across the US, particularly in the North and Midwest. Here are some tips to keep you and your family cool as we enter the sunniest season of the year:
Laurie Arnold Vice President Compliance for JAS Forwarding (USA) Inc. was elected as the Treasurer to the National Customs Brokers & Freight Forwarders Association of America (NCBFAA) at the 49th Annual NCBFAA conference in Tucson AZ on May 2nd. The NCBFAA is a national membership headquartered in Washington DC that represents more than 1,000 member companies with over 110,000 employees in international trade-the nation’s leading freight forwarders, customs brokers, ocean transportation intermediaries, NVOCC’s and air cargo agents, serving more than 250,000 importers and exporters. The NCBFAA established in 1897, is the effective national voice of the industry. The association keeps a close eye over legislative and regulatory issues affecting the international trade community.
Laurie has served the last 3 years as the Legislative Committee Chair for the NCBFAA, working with the congressional offices on a variety of issues, including the America Competes Act currently in congress. The America Competes Act (HR4521) covers multiple areas including the Illegal Fishing & Forced Labor Prevention Act (SIMP) and Import Security & Fairness Act. Working on The Customs Business Fairness Act (CBFA) HR4816 by far is where her passion shows. She was instrumental in having the language from this bill included in the Cares Act of 2020. The provision provided customs brokers a year reprieve of being required to return any customs duty received from the importer and provided to US Customs as a pass through if the importer filed bankruptcy. While the provision did expire at the end of 2021, she has remained committed to making the CBFA permanent. Laurie is looking forward to serving in her new role as the Treasurer for the NCBFAA.
CBP has announced that they will be sending “Known Importer Letters” to all importers known to have imported goods that may be subject to the Uyghur Forced Labor Prevention Act (UFLPA). These letters are being sent to encourage importers to review their supply chain and identify any potential forced labor issues within. 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” will not be allowed into the United States. CBP will be sending the Known Importer Letters before the rebuttable presumption goes into effect on June 21st. CBP is also encouraging importers to review their supply chain even if they do not receive a Known Importer Letter.
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