JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

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

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JAS USA Compliance Insights

Helpful Tips

JAS USA Compliance Insights on the Impact of COVID-19

Helpful Tips October 2021
October 1, 2021

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!

Official listing of free trade agreements in the US
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Helpful Tips September 2021
August 31, 2021

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:

Read More
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CSMS #48659796 - Implementation of Sewing Thread Chapter Rule requirement for apparel goods of Chapters 61 and 62 of the Harmonized Tariff Schedule of the United States (HTSUS) for apparel importations claiming preference under USMCA
August 2, 2021

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.)

See General note 11(o), Chapter 61, Rule 3 and Chapter 62, Rule 4 of the HTSUS on the USITC’s website at the following link
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International Trade Commission Anti-Dumping Notices
July 2, 2021

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.

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Don't Let this Happen to You!
June 3, 2021

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.

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HMF Exemptions
May 6, 2021

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.

Read the CSMS message on HMF Exemptions
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First Rule of Sale
April 1, 2021

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.

Download the First Sale Rule (PDF)
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Do you have questions about whether your shipment is subject to antidumping or countervailing duties?
March 3, 2021

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.

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Is it Real or is it Counterfeit?
February 3, 2021

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.

See the Full List
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Schedule B 2021 Release
January 5, 2021

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 new the 2021 Edition of the Schedule B
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Rules of Origin
December 2, 2020

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!

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Commercial Invoice Requirements
November 4, 2020

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.

Please review the commercial invoice requirements for a full detailed description.‍
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Forced Labor Reasonable Care
October 1, 2020

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.  

Access the Checklist
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China Tariffs vs Hong Kong Products Based on the New Rule
September 1, 2020

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!

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Customs Entry Type 86
August 5, 2020

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.

See the list of FAQ’s on Customs website
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Have Questions About the U.S. Australia Free Trade Agreement?
July 7, 2020

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!

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Need help with FDA question on specific products?
June 2, 2020

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!

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USMCA Implementation Instructions
May 1, 2020

The new USMCA Trade Agreement will be entering into force in just a few months! CBP has published an interim implementation instructions guide.

Download USMCA Interim Guide
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Initiation of Antidumping & Countervailing Investigation on Forged Steel Fluid End Blocks
February 6, 2020

The Department of Commerce has initiated an investigation on “Forged Steel Fluid End Blocks” Germany, India, Italy and China.  The products covered by these investigations are forged steel fluid end blocks (fluid end blocks), whether in finished or unfinished form, and which are typically used in the manufacture or service of hydraulic pumps.

Read the Entire Scope of the Investigation
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Customs Broker License Exam Dates for 2020
January 7, 2020

CBP has released their schedule for the customs broker’s license exams for 2020.  The April 2020 exam will be held on Wednesday, April 1, 2020, and exam scheduled for October 2020 will be held on Thursday, October 8, 2020.  Registration for the April 2020 exam will open on February 3rd at 12:00 AM EST.

Register Here
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Incoterms 2020
December 4, 2019

The International Chamber of Commerce (ICC) has released the new Incoterms 2020 rules that identify the responsibilities of buyers and sellers for the delivery of goods in international trade. The new terms take effect on January 1, 2020.

Get More Information on INCOTERMS 2020
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How to Navigate the Section 301 Tariff Process
November 5, 2019

Every product subject to a proposed or ongoing Section 301 tariff action is identified by an 8-digit or 10-digit HTS Subheading. This search engine allows you to search by an 8-digit HTS Subheading to obtain information about a proposed or ongoing Section 301 tariff action.

Search for an HTS
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Customs CSMS Messages Has a New Website
October 3, 2019

Customs and Border Protection has a new page for CSMS Messages.  The old page was accessible until September 30th.  Effective October 1st, the new CSMS page will contain the most up to date message feed.

To the New Customs CSMS Messages
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CSMS # 39484249 – Electronic Vessel Manifest Confidentiality Deployment Information Notice
September 4, 2019

In the coming months, U.S. Customs and Border Protection (CBP) will deploy a new online tool for submitting Electronic Vessel Manifest Confidentiality requests. Automating the process by which an importer, consignee, or exporter may request confidential treatment of its name and address on inward or outward vessel manifests, this enhancement will allow trade users to manage their own confidentiality requests electronically via a new tool on cbp.gov.

Get More Information
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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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