CALIFORNIA PRIVACY RIGHTS

Subject to certain limits under California law, California residents may ask us to provide them with (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. To make this request, California residents may contact us as specified in the "How To Contact Us" section at the bottom of the Privacy Notice Page.

CALIFORNIA PRIVACY RIGHTS

Subject to certain limits under California law, California residents may ask us to provide them with (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. To make this request, California residents may contact us as specified in the "How To Contact Us" section at the bottom of the Privacy Notice Page.

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

Helpful Tips

JAS USA Compliance Insights on the Impact of COVID-19

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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Incoterms 2020
August 5, 2019

Did you know that there is an update to Incoterms that will be effective January 1, 2020?  There will be a few changes!  Some of the announced changes include a new incoterm CNI (Cost and Insurance).  This term will cover a gap between FCA and CFR.

Unlike FCA, which would include the cost of international insurance on account of the seller-exporter, and as opposed to CFR/CIF. CNI would not include freight. As in the other Incoterms in “C,” this new Incoterm would be an “arrival Incoterm,” i.e., the risk of transport would be transmitted from the seller to the buyer at the port of departure.

​Stay tuned over the next several months for more updates on Incoterms 2020!

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Are you CTPAT Certified?
July 3, 2019

Customs Trade Partnership Against Terrorism (CTPAT) is but one layer in U.S. Customs and Border Protection’s (CBP) multi-layered cargo enforcement strategy. Through this program, CBP works with the trade community to strengthen international supply chains and improve United States border security.

How CTPAT works? When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain.

CTPAT members are considered to be of low risk and are therefore less likely to be examined at a U.S. port of entry.

Get More Information on CTPAT
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How Much Does Customs Really Audit?
June 4, 2019

CBP recently reported that in fiscal year 2018 there was an increase in the number of importer audits.  That number increased from 418 to 435 audits.  The total number of trade penalties also increased from 931 to 1385.  However, the number of liquidated damages decreased by 11%.  Any idea why?

It turns out that importers are starting to take proactive measures to maximize compliance in the event they are audited.  Some proactive measures include import manuals, submitting binding ruling requests, expert consultations and more.  Do you have an import manual?  If not, now would be the time to get one!  Contact your local JAS representative for more information!

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Concerned about your product being subject to the Section 301 tariffs?
May 2, 2019

The USTR has published a database with a search option to enter an HTS Code to determine if the tariff is subject to the additional duties from China.  The database can be found by clicking here!

Read More
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Food Safety Modernization Act Wizard is a FREE Compliance Tool!
April 5, 2019

Did you know that there is a free, online tool designed by Registrar Corp to assist companies in assessing their U.S. FDA compliance issues, possible requirements and deadlines under five Food Safety Modernization Act (FSMA) Rules?

  1. Preventive Controls for Human Foods
  2. Preventive Controls for Animal Food
  3. Foreign Supplier Verification Program
  4. Intentional Adulteration (Food Defense)
  5. Produce Safety

Sign UP for the FSMA Wizard
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Antidumping Duty Orders Reinstated on Truck and Bus Tires!
March 6, 2019

On 02/15/2019, Commerce published in the Federal Register a notice of lifting the suspension of antidumping duties on truck and bus tires from China.  The notice is effective February 15, 2019 and supersedes any previous instructions terminating the antidumping duty.

Download PDF Here
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The Generalized System of Preferences (GSP) has expired as of December 31, 2020.  Until further notice, GSP eligible goods entered or withdrawn from warehouse need to pay “General” (column 1) duty rates effective, January 1, 2021, 12:00 am. U.S. Customs and Border Protection (CBP) encourages importers to continue to flag GSP eligible importations during the lapse, starting January 1, 2021.  JAS Forwarding will continue to flag for GSP eligible entries.

The Office of the United States Trade Representative (USTR) announced it has granted 19 new exclusions and 79 extensions from Section 301 China tariffs on China. These exclusions are effective until March 31, 2021.

U.S. Customs and Border Protection (CBP) announced that the 2021 Customs Broker Triennial Status Report and fee submission period for all licensed customs brokers will run from December 15, 2020 to February 28, 2021. Each licensed broker is required to file a status report with CBP every three years.

Customs Broker Triennial Status Report and fee submissions can be made online via the eCBP portal, which accepts credit card, debit card, and digital wallet (e.g. PayPal and Amazon Pay) payments. No additional fees are charged for any payments and receipts are provided electronically.

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!

Did you know that the first New Year’s celebration goes back 4,000 years ago when Julius Caesar (the emperor of Rome) was the first to declare January 1 a national holiday!  Today, approx. 45% of Americans make New Year’s resolutions that vary from losing weight, getting organized, spending less, saving more, staying fit/healthy, quit smoking and more! 25% of people give up on these resolutions by the 2nd week of January!  What are your plans?  Be sure to stick to it and reach your goals this year!  JAS Forwarding USA Compliance is sending you well wishes of health and prosperity this year!

U.S. Customs Broker Exam Course

Date:  January 19, 2021 – April 6, 2021

Location:  WEBINAR SERIES

The Los Angeles Customs Brokers and Freight Forwarders Association (LACBFFA) is offering a 12-week-in depth VIRTUAL course for the U.S. Customs Broker exam that will cover various exam topics and review items.

2021 CBP Trade Symposium

Date:  March 23-24, 2021

Location: Anaheim, CA

CBP announced the rescheduled dates from the Trade Symposium that was originally scheduled for March 2020.  Save the date!

As we approach the end of the year, please be advised that there are several updates on the Generalized System of Preferences (GSP), the Miscellaneous Tariff Bill (MTB), China 301 Tariffs, and the European Union Tariffs.  Several of the updates include expirations scheduled for December 31, 2020.

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce announced that exporters may request six-month extensions for licenses due to expire on or before December 31, 2020. The extensions are being provided as a response to situations caused by the coronavirus (COVID-19) pandemic.

Back to Basics Conference

Date:  February 22 - 26, 2021

Location:  VIRTUAL

The sessions 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 ideal 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.

Register Here

2020 CBP Trade Symposium - Rescheduled

Date:  March 23-24, 2021

Location: Anaheim, CA

CBP announced the rescheduled dates from the Trade Symposium that was originally scheduled for March 2020.  Save the date!

Register Here

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!

It is the Holiday Season!  Can you guess what the most widely consumed drink is worldwide?  If you guessed BEER, you are correct!  Few would question its worldwide appeal but let us see what the numbers say!  Click HERE to check out just how popular beer really is according the statistics from the U.S. Census Bureau!

Happy holiday season to you and your family!  Stay Safe!

The White House issued a proclamation for a set of changes to the Generalized System of Preferences that take effect Nov. 1st.  Changes in the proclamation include the addition of fresh-cut roses to and removal of parboiled rice from the list of goods that are eligible for GSP.  The proclamation also suspends GSP benefits for certain products of Thailand effective Dec. 30, 2020.

US Customs and Border Protection has blocked the imports of palm oil and palm oil products from Malaysia in the latest move by the agency targeting overseas forced labor practices.

The restrictions are a result of a year-long investigation into labor abuses.  CBP uncovered indicators of forced labor including physical and sexual violence, debt bondage, retention of identification documents and withholding of wages.  

Please be sure to read the newly published 2020 edition of the List of Goods Produced by Child or Forced Labor published by the Department of Labor for more information.

Agents from CBP’s Air and Marine Operations rescued a man whose ultralight aircraft crashed, leaving him stranded and injured overnight on October 31st.  Del Rio Sector Border Patrol received word that a Pandale area woman reported her husband missing after he failed to return from an ultralight flight around 5 p.m., Oct. 30. Comstock Station Border Patrol agents began searching the area where the man was believed to be. Around 8 a.m. the following morning, an AMO helicopter crew spotted the wreckage about a mile from the pilot’s home. The Supplemental Aircrew Member (SAM) found the ultralight pilot pinned under the aircraft and suffering from hypothermia, dehydration, and a compound leg fracture. They provided aid by wrapping the injured man in a survival blanket and building a fire to provide warmth and he was later flown to a San Angelo hospital for treatment.  CBP, thank you for your heroism!

U.S. Customs and Border Protection hosted its third virtual public meeting of the Commercial Customs Operations Advisory Committee (COAC) on October 7th, 2020.  CBP Acting Commissioner Mark A. Morgan briefly spoke about the agency’s significant accomplishments during fiscal year 2020, including CBP’s strict enforcement of goods made with forced labor.  He also introduced Diane Sabatino as CBP’s new deputy executive assistant commissioner of the Office of Field Operations.

Section 301 product exclusion extensions announced in a notice applicable September 1, 2020 are scheduled to expire on December 31, 2020.  To see the federal register announcement and a list of product exclusions that will be expiring, please CLICK HERE.

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.

As many people in the United States begin to plan for fall and winter holiday celebrations, CDC offers considerations to help protect individuals and their families, friends, and communities from COVID-19. Click HERE to read the full article on the CDC’s guidance to holiday celebrations.  

Happy holiday season to you and your family!  Stay Safe!

Back to Basics Conference

Date:  February 22 - 26, 2021

Location:  VIRTUAL

The sessions 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 ideal 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.

Register Here

2020 CBP Trade Symposium - Rescheduled

Date:  March 23-24, 2021

Location: Anaheim, CA

CBP announced the rescheduled dates from the Trade Symposium that was originally scheduled for March 2020.  Save the date!

Register Here

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

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

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

Effective October 13, 2020, a new field on the steel import license form will be required to provide information about the country of melt and pour on all standard licenses from all countries.   There will also be a new license application site starting October 13.  This new application will not be available to the public until October 13, 2020.

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

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.  

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

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

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

Complying with U.S. Export Controls

Date:  October 20-23, 2020

Location:  VIRTUAL

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

Register Here

ITAR/EAR Controls for Non-US Companies

Date:  November 16-17, 2020

Location: VIRTUAL

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

Register Here

President Trump made an announcement of re-imposing an additional 10 percent tariff on non-alloyed unwrought aluminum articles from Canada.  The additional duty is effective for subject goods entered or withdrawn from warehouse for consumption on or after 12:01 am EDT on Aug. 16.  Any imports of such goods that were admitted into a U.S. foreign-trade zone under privileged foreign status prior to the effective date will be subject to the 10 percent tariff upon entry for consumption after that date.

CBP has issued a notice that goods produced in Hong Kong will need to be marked as a product of China effective September 25, 2020.  The marking notice is a result of the July 14th Executive order that resulted in a policy change that requires Hong Kong to be treated as China. CBP is allowing a 45-day transition period for implementation.

The Office of the U.S. Trade Representative released an updated list of goods from the European Union to be subject to Section 301 tariffs as part of the dispute settlement at the World Trade Organization over Airbus subsidies. The changes are applicable for products entered for consumption or withdrawn from a warehouse on or after 12:01 am on September 1, 2020.

The Office of the U.S. Trade Representative has announced that 266 products on the List 3 of Section 301 exclusion list will continue to be excluded through December 31, 2020.  Additionally, there are 700 other products that were on that list and expired August 7, 2020.

The new AD/CVD Public Message Site will be deployed and available for use on August 21, 2020.  It will provide a modernized AD/CVD site on the ACE Secure Data Portal using the current URL.  Additionally, it will highlight features that include enhanced advanced search capabilities, a simplified data flow, and improved data presentation.  

To access the new site, click HERE!

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!

TSA collected $926,030.44 in unclaimed money that passengers left behind at airport security checkpoints during Fiscal Year 2019, including $18,899.09 in foreign currency.

The money consisted of loose change and paper currency that passengers removed from their pockets and left behind in a bin during the security screening process at TSA checkpoints.

The amount found during FY19, which ended September 30, 2019, marked a decrease in the amount of unclaimed money collected in FY18 when $960,105.49 was left behind.  When passengers approach the checkpoint, all items from pockets must be removed, including wallets and loose change. TSA recommends that travelers place those items directly into their carry-on bags so that they will not accidentally leave anything behind in a bin.

The top five airports where passengers have left the most money behind were:

  • John F. Kennedy International Airport - $98,110
  • San Francisco International Airport - $52,668.70
  • Miami International Airport - $47,694.03
  • McCarran International Airport - $44,401.76
  • Dallas/Fort Worth International Airport - $40,218.19

To read the full article…. Click HERE!  Be sure that you have all your belongings the next time!

WESCCON

Date:  October 1-4, 2020

Location: VIRTUAL

This conference offers opportunity to meet people in the global logistics industry. It will consist of panels, roundtable discussions and town hall meetings on relevant topics to keep you informed on the latest industry issues and trends.

Register Here

Complying with U.S. Export Controls

Date:  October 20-23, 2020

Location:  VIRTUAL

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

Register Here

An announcement was published on July 29, 2020 that user fees within the Consolidated Omnibus Budget Reconciliation Act (COBRA) will take place effective October 1, 2020.  The minimum merchandise processing fee will change from $26.79 to $27.23 and the maximum will change from $519.76 to $528.33.  The ad valorem rate of 0.3464% will not change.  Additional user fees are also increasing.

The Office of the U.S. Trade Representative has announced that 14 products from the Section 301 exclusion list scheduled to expire July 31st will continue to be excluded through December 31, 2020.  Additionally, there are other products on the list that expired on July 31st.  Comments are currently being accepted for three sets of exclusions that are scheduled to expire October 2, 2020.  Comments can be submitted by clicking HERE

On July 14, 2020, the President signed an Executive Order that requires Hong Kong to be treated as the People’s Republic of China (PRC) for the purposes of the Arms Export Control Act (AECA).  Hong Kong is now considered to be included in the entry for China under section 126.1(d)(1) of the ITAR and therefore subject to a policy of denial for all transfers subject to the ITAR.  The U.S. government is taking this action because the Chinese Communist Party has fundamentally undermined Hong Kong’s autonomy and thereby increased the risk that sensitive U.S. items will be illegally diverted to the PRC.

The U.S. Trade Representative (USTR) announced new tariffs in response to the French digital services tax. The tariffs of 25 percent on $1.3 billion worth of trade could go into effect until January 6, 2021. The tariffs would apply to several make-up products, handbags, and assorted soaps.

Free Lunch for Truck Drivers Initiative in Virginia

Acts of kindness are contagious!!  After seeing a similar initiative to feed truckers in Atlanta the broker’s association in Virginia decided to follow through with a similar initiative!  CBIFFA (organization Customs Brokerage and International Freight Forwarding of Virginia) led by JAS Compliance USA Team Member Tiffany Coffey provided 100 free lunch boxes, water, and snacks to truck drivers.  It was their way of saying thank you to drivers for being on the front-line servicing logistics needs in the middle of a pandemic!  Way to go Tiffany and the CBIFFA team in Virginia!

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.

Now is the time of year that parents start gearing up for kids to go back to school!  This year is different as we continue to adjust to the new norm during an ongoing pandemic.  Are your children returning to the classroom?  Are they converting to virtual learning modules?  No matter which direction of learning that your children will participate in this year, here is a guideline for the CDC to help keep our children healthy and safe as we approach the school year!

Encryption Controls Virtual Seminar

Date:  August 25-26th, 2020

Location:  VIRTUAL

The Bureau of Industry and Security (BIS) will provide a comprehensive overview of controls on Compencryption in the EAR.  The program will include a live Q&A, provide detailed electronic reference materials for ongoing use, and allow attendees the opportunity to view recordings of the sessions for a limited period following the seminar.

Register Here

Complying with U.S. Export Controls

Date:  September 9-10, 2020

Location:  VIRTUAL

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

Register Here

WESCCON

Date:  October 1-4, 2020

Location: VIRTUAL

This conference offers opportunity to meet people in the global logistics industry. It will consist of panels, roundtable discussions and town hall meetings on relevant topics to keep you informed on the latest industry issues and trends.

Register Here

After two years, The Senate has approved the Trade Promotion Authority (TPA). If this is approved by The House, it will reassure other countries that they can trust the U.S. The TPA will give the U.S. the leverage it needs to win a fair deal for American workers, as well as extend American influence to expand American trade.

From the Sandler, Travis & Rosenberg Trade Report:

"A week after passing legislation to extend trade preference programs and strengthen trade enforcement, the Senate voted May 22 to approve a bill restoring trade promotion authority for up to six years. TPA allows the White House to submit legislation implementing new trade agreements that Congress must either approve or reject, but cannot amend, within a specified timeframe. TPA and the other trade and customs bills will now move to the House, where their prospects remain uncertain."

"According to press reports, only a handful of the numerous amendments to the bill that were proposed by supporters and opponents alike were ultimately considered, and only two were approved. One would give the executive branch the flexibility to use a variety of tools, including enforceable rules but also reporting, monitoring and cooperative mechanisms, to address unfair currency practices by future trade agreement partners. After opting for this approach senators narrowly rejected a tougher amendment that would have required U.S. negotiators to seek to include in future trade agreements enforceable provisions against currency manipulation by foreign trading partners to gain a trade advantage. The other approved amendment would require the executive branch to take a country’s record on religious freedom into account when considering it as a potential trade agreement partner."

Read the entire Trade Report.

C-TPAT SEEKS TO SAFEGUARD THE WORLD'S VIBRANT TRADE INDUSTRY FROM TERRORISTS

The U.S. Customs and Border Protection is preparing to deploy Phase II of the C-TPAT Program (Customs-Trade Partnership Against Terrorism) in June 2015! The deployment will be inclusive of exporters. Benefits of exporters joining as a C-TPAT Partner includes global security partnerships, prioritized export shipments, reduced examinations and much more! There is no cost to join!

From the NCBFAA:

"Please be aware that C-TPAT is preparing to deploy Phase II of Portal 2.0 on May 30, 2015. All data may not be available until June 1st. This deployment will restructure the security profile function into individual line items. To prevent potential applicants from having to conduct redundant work by completing the security profile twice, once in the current format and a second time immediately after June 1st in the new format, C-TPAT will not be accepting new applications after April 15, 2015, until Phase II deploys. If you are already a C-TPAT Partner and have further questions, please contact your assigned Supply Chain Security Specialist. If you do not yet have an assigned Supply Chain Security Specialist, please contact industry.partnership@dhs.gov with any questions."

(Article no longer available).

If you would like more information on being added to the C-TPAT Program, please contact your JAS representative!

U.S. CBP ISSUES DOCUMENT TO RESOLVE MATTERS CONCERNING THE TARIFF CLASSIFICATION AND CUSTOMERS VALUATION APPLIED TO U.S. EXPORTS BY OTHER GOVERNMENTS

DHS/CBP have posted a notice of opportunity and procedures for exporters to request assistance on tariff classifications.

"[The] document describes opportunities available to U.S. exporters to obtain assistance from U.S. Customs and Border Protection (CBP) to resolve matters concerning tariff classification and customs valuation applied to U.S. exports by other governments," stated a notice by the U.S. Customs and Border Protection, "By publication of this notice, CBP invites U.S. Exporters to submit requests for such assistance."

For more information, please read the official article!

On June 25, Congress passed a trade preference package that would renew the Generalized System of Preference. The vote came just a day after the Senate passed a host of trade bills. This bill and several other long-awaited bills will have a significant impact on the trade community. The House and the Senate approved to reauthorize the Generalized System of Preferences through December 31, 2017. The bill has now been signed into law as of June 29, 2015 by President Obama. This action is retroactive to July 31, 2013, the date GSP expired, meaning that importers will be able to obtain refund of duties paid since that date on goods otherwise eligible for GSP treatment.

The Coalition for GSP released the following statement after House passage:

"Final congressional passage of H.R. 1295 makes today a great day for American companies and workers that depend on the Generalized System of Preferences (GSP) program,” said Daniel Anthony, Executive Director of the Coalition for GSP, "After two years of uncertainty and about $1.3 billion in taxes paid, companies once again can focus on growing their businesses knowing that duty-free treatment will resume shortly and taxes paid on GSP-eligible products will be refunded."

To read more on the reinstatement of GSP, click here.  

For more information, please contact your JAS representative.

Did you know that Customs and Border Protection requires a minimum of 16 data elements on a commercial invoice for entry processing?

Please review the commercial invoice requirements to see a full detailed description of what the requirements are.

Read the Commercial Invoice Requirements.

DHS/CBP have posted a notice of opportunity and procedures for exporters to request assistance on tariff classifications. The document describes opportunities available to U.S. Exporters from Customs and Border Protection to resolve matters concerning tariff classification and customs valuation applied to U.S. exports by government agencies. By publication of this notice, CBP invites U.S. Exporters to submit requests for such assistance.

From the official report from the U.S. Census Bureau:

"The U.S. Census Bureau and the U.S. Bureau of Economic Analysis, through the Department of Commerce, announced today that the goods and services deficit was $41.9 billion in May, up $1.2 billion from $40.7 billion in April, revised. May exports were $188.6 billion, $1.5 billion less than April exports. May imports were $230.5 billion, $0.3 billion less than April imports. The May increase in the goods and services deficit reflected an increase in the goods deficit of $1.2 billion to $61.5 billion and an increase in the services surplus of less than $0.1 billion to $19.6 billion. Year-to-date, the goods and services deficit increased $1.1 billion, or 0.5 percent, from the same period in 2014. Exports decreased $26.5 billion or 2.7 percent. Imports decreased $25.4 billion or 2.2 percent."

(Article no longer available).

U.S. Customs and Border Protection (CBP) has concluded a week-long joint “table top exercise” on handling safety issues through multi-agency collaboration with Canada. The joint import exercise focused on critical incidents involving imported products that were found to be dangerous, hazardous and volatile. The exercise gave each participating agency a chance to present potential scenarios of import safety events and provide feedback to respective counterparts. These recommendations will be used to better protect U.S. and Canadian consumers.

Brenda Smith, Assistant Commissioner for CBP's Office of International Trade, stated:

"This is an opportunity for Canadian and U.S. border enforcement and import safety agencies to exchange ideas and develop best practices for working together to address import safety issues. This exercise not only displayed the benefit of joint agency collaboration, but also served as an opportunity to learn from our international colleagues."

(Article no longer available).

The United States Attorney’s Office and the Office of Export Enforcement announced that a Pennsylvania corporation entered a plea of guilty to conspiracy to evade export licensing requirements. The conspiracy was in connection with an attempt to smuggle a machine to Iran with possible military, as well as civilian applications. Under the U.S. law and regulations, American companies are forbidden to ship “dual use” items to Iran without first obtaining a license from the U.S. Government.

From the U.S. Department of Justice:

"Under U.S. law and regulations, American companies are forbidden to ship "dual use" items (items with civilian as well as military or proliferation applications), such as the peeler, to Iran without first obtaining a license from the U.S. Government. Aware that it was unlikely that such a license would be granted, Falcon/FIMCO, which does business in Dubai, United Arab Emirates, and other alleged co-conspirators agreed to falsely state on the shipping documents that the end-user of the peeler was Crescent International Traded and Services FZE (Crescent), an affiliated company, knowing that the machine would subsequently be shipped to Iran after being off-loaded in Dubai."

For more information please read the Official Document!

ACE IS DEPLOYING

Customs and Border Protection is currently in the process of transitioning the customs clearance process from ACS (Automated Commercial System) to a new paperless system called ACE (Automated Commercial Environment). ACS has been utilized by CBP for more than 20 years and has now become an outdated processing system. As a result, ACE is currently in the process of being deployed to the trade community.

For more information, please contact your JAS representative.

Did you know there is no Chapter 77 of the HTS/SCH B?

The United States has adopted the Harmonized System as a basis of both its export classification system (Schedule B) and its import classification system (HTS).  The Harmonized System consists of 22 sections divided into 97 chapters, with chapter 77 intentionally left blank.  Chapter 77 is blank and reserved for possible future use!

Read the Official Documents

Are you reporting the correct export value?

Are you certain that the export values you are reporting are correct? Please review the export AES valuation for a full detailed description of what the requirements are!

If you have further questions contact your JAS Representative!

Read the AES Valuation Reports

A LOOK AT THE LACEY ACT AND ITS EFFECT ON TRADE AND THE CASE OF CECIL THE LION

The Death of Cecil the Lion this past June in Zimbabwe, by a Minnesota dentist has spurred many ethical and moral questions, but it has always spawned important questions about the legal issues involved with animals within the international trade and transportation industries. With companies like American, Delta and United banning the transport of hunting trophies after this incident, the question of legality becomes paramount. In order to fully explore and understand the issue to ensure compliance, we must look to the current laws. Starting with the Lacey Act.

From the original article "About that Lion and the Lacey Act", by Lawrence Friedman, Partner at Barnes, Richardson & Colburn, LLP:

"The Lacey Act was first passed in 1900 and is an early conservation law. As originally enacted, it protected animals from illegal hunting through criminal and civil penalties. The law also prohibits trade in protected animal and plant species that are hunted or harvested illegally. It is a crime to import into the United States any injurious animals including brown tree snakes, big head carp, zebra mussels, and flying fox bats. 18 USC 42. Exceptions can be made for properly permitted (and dead) zoological specimens and certain "cage birds." A violator may be imprisoned and fined. More relevant is that the Lacey Act also makes it illegal to import any plant or animal taken in violation of a foreign law or regulation. 16 USC 3372. This is an important compliance issue for anyone that imports animal and plant products. If you happen to import wood to make violins, for example, you need to know that the wood was harvested legally. Assuming you purchase from a supplier who is a few steps removed from the actual person that cut down the tree, how can you prove that the wood was legally harvested? Keep in mind that the Act applies to derivative products as well. This is a paperwork and due diligence process familiar to importers who have to comply with lots of similar regulations. And, it is important. That is what Gibson Guitars learned when it agreed to pay $300,000 to settle a Lacey Act case."

For more information please read the Official Article.

CBP announced on 8/31 an updated timeline for ACE Electronic Entry and Summary Filing.  While significant capabilities have been deployed to date, concerns about stakeholder readiness have necessitated a reassessment of the current timeline.  The delay from the original date of November 1, 2015 to now February 28, 2016 will give the trade opportunity to work with and test entries with participating government agencies as the functionality is released by CBP.  February 28, 2016, filers will ONLY be permitted to process entries in ACE, including FDA, NHTSA and APHIS (Lacey).

View the updated timeline.

For more information, please contact your JAS representative.

What are the required Electronic Export Information (EEI/AES) Data elements?
There are several data elements required to properly complete an AES filing for export shipments. CFR 15;30.6 list the mandatory data elements.
Read the Official Documents


FDA Addition to New and End-Dated Product Codes for Center of Tobacco Products
The Food and Drug Administration is adding new PIC and Subclass codes for Tobacco products! To see what they are, please see CSMS #15-000619!  
See them Here

FAQ - GSP Reauthorization
Now that GSP has been renewed, CBP has provided a list of questions and answers regarding retroactive and future claims.  
Read the Questions

The United States recently signed a Customs Mutual Assistance Agreement (CMAA) with Gabon. This signing noted a prominent breakthrough in the association of security and trade facilities between the countries.

​From the U.S. Department of Justice:

"The United States has now signed 76 CMAAs with other customs administrations across the world. CMAAs are bilateral agreements between countries and enforced by their respective customs administrations (for the United States this is CBP and U.S. Immigration and Customs Enforcement). They provide the legal framework for the exchange of information and evidence to assist countries in the enforcement of customs laws, including duty evasion, trafficking, proliferation, money laundering, and terrorism-related activities. CMAAs also serve as foundational documents for subsequent information sharing arrangements, including mutual recognition arrangements on authorized economic operator programs."

For more information on the Gabon agreement please read the Original Article.

When a murder suspect arrived in Mexico, Hemet police reached out to the U.S. Border Patrol to collaborate with Mexico’s law enforcement. On Sept. 16, the San Diego Sector Border Patrol’s International Liaison Unit was contacted by detectives from the Hemet Police Department, after they discovered two deceased women at a Hemet residence. The detectives believed that the murder suspect escaped to Mexico. The U.S. Border Patrol coordinated with the Tijuana Police Department, advising them to be on the lookout for the man and his vehicle. Within hours, the Tijuana police initiated a stop on a vehicle matching the description and took the suspect into custody.

(Article no longer available).

Have you heard about the Broker Known Importer Program?

What are the benefits of the Broker-Known Importer’s Program? The Broker-Known Importer’s Program will provide two primary benefits.  One is to enhance communication between brokers and importers by creating a framework whereby they can discuss the importer’s trade activities.  The second being that because BKIP indicator will factor into CBP’s cargo risk segmentation, importers may benefit from improved cargo targeting to CBP prior to arrival.

To Participate in the Broker-Known Importer Program, contact your JAS representative for more details today!

Trade ministers of the 12 Trans-Pacific Partnership Agreement announced the conclusion of their negotiations after five years!

"The result is a high-standard, ambitious, comprehensive, and well balanced agreement that will promote economic growth amongst the 12 countries," the article stated.

The agreement will also support the creation and retention of jobs. The 12 countries included are Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam.

Read the whole summary.

On October 7, a U.S. company agreed to a guilty plea for several violations of the Lacey Act. The importer will have to pay fines of over $10 million for importing illegally harvested timber from areas including forests in far eastern Russia.

​"The government says the illegally harvested oak came from forests that are home to the last 450 Siberian tigers and some of the fewer than 50 remaining Amur leopards," The Columbus Dispatch stated.

For more information please read the Official Article!

U.S. Customs and Border Protection (CBP) agriculture specialists working at Port Everglades came across a “Leafhopper” bug within a shipment of papayas, coming from Guatemala. The USDA confirmed this interception was a first time finding at Port Everglades. Leafhoppers are threats to crop plants. They rob plants of vital nutrients and transmit viruses, bacteria and other infectious pathogens from plant to plant.

From the U.S. CBP:

“CBP agriculture specialists are the first line of defense in protecting the U.S. against agricultural threats,” said Port Everglades Port Director Jorge Roig, “Our CBP agriculture specialists are highly trained and experienced in biological sciences and we are very proud of them for intercepting this potential threat."

For more information on the Leafhopper interception please read the Original Article.

32nd International Conference On The Foreign Corrupt Practices Act

Date: November 16-19, 2015

Location: Washington, DC

The American Conference Institute welcome the US and international Anti-Corruption community for the largest event of its kind in the world. The 32nd International Conference on the Foreign Corrupt Practices Act will be held at the Gaylord National Resort and Conference Center in Washington DC.

Read the additional information.

Smoking Guns: Preventing The Creation Of Damaging Emails And Documents

Date: November 23, 2015

Location: Webinar, 3-4 pm EST

No matter how compliant, responsible or ethical a company may actually be, the existence of a “smoking gun” email or memo can be devastating, and can often greatly undercut a company’s ability to defend itself. Sometimes these “hot docs” accurately reflect a widespread rotten corporate culture. But often they arise from inadvertence, sloppiness, poor judgment or an attempt at humor. This webinar will present an overview of the dangers that often arise from these smoking guns, as well as how companies can reduce the likelihood of their creation.

Get the registration information.

The NCBFAA has published a letter to importers and exporters regarding the transition of the ACE system and some of the issues encountered. JAS Forwarding is working on several PGA pilots and we are processing as many entries as possible through ACE. JAS Forwarding is an active NCBFAA member.

Does your shipment reflect the correct country of export?

Did you know that if documents show the merchandise was already destined for the United States, the shipment will be treated as an exportation of the country from which it was originally exported? Make sure the country of export is properly indicated on the import commercial invoice in order to have the appropriate duty rate applied..

Contact your JAS representative for more details today!

U.S. Customs and Border Protection and Homeland Security Investigations officials have warned shoppers to be very careful while shopping for holiday deals.

"Protecting intellectual property rights is a priority trade issue," stated U.S. Customs and Border Protection. The Houston CBP Seaport Assistant Port Director Leslie Luczkowski shared that “Every year, criminal organizations prey on unsuspecting consumers who are looking for a great bargain during the holiday season.”

As a result, CBP has created a complex strategic approach to identify and seize counterfeit trademarks and copyrights.

Read the whole summary.

U.S. Customs and Border Protection (CBP) Office of Field Operations officers at the Peace Arch Port of Entry assisted in saving a 67 year old woman's life. Officers has to use an Automated External Defibrillator (AED) and cardiopulmonary resuscitation (CPR). Officers were advised that a woman was having an emergency and needed help during a regular screening  at the border. A supervisory CBP officer and two other CBP officers responded to the family to help, and then called 911.

Acting Area Port Director Kenneth L. Williams is quoted saying:

"The quick and professional response by CBP personnel in Blaine assisted in saving this woman's life. This scenario portrays CBP's commitment to protect and serve our communities and the traveling public."

For more information please read the Official Article!

The United States and Singapore has signed three Customs agreements, in order to ensure cooperation and mutual assistance on Customs enforcement and support of lawful trade and travel. Both parties "signed a U.S.–Singapore Customs Mutual Assistance Agreement (CMAA) and a Mutual Recognition Arrangement (MRA) between U.S. Customs and Border Protection’s Customs-Trade Partnership Against Terrorism (C-TPAT) and Singapore’s Customs’ Secure Trade (STC) Partnership," an article by the U.S. Customs and Border Protection stated. "The mutual recognition arrangement between C-TPAT and Singapore’s STC will link the two industry partnership programs, so together it will create a unified and sustainable security posture that can assist in securing and facilitation global cargo trade," the article stated.

CBP Commissioner R. Gil Kerlikowske stated:

"The signing of the MRA and CMAA between the U.S. and Singapore demonstrates the partnership and commitment of each country to combatting customs fraud and to a secure global supply chain."

Read more about the agreements with Singapore at the official CBP website.

JAS EMPLOYEE NAMED PRESIDENT OF INTERNATIONAL FREIGHT FORWARDERS AND CUSTOMS BROKERS ASSOCIATION OF CHARLOTTE

Congratulations to Daniel Zupko as he was named the President of the International Freight Forwarders and Customs Brokers Association of Charlotte (IFFCBA)! The mission of the organization is to serve the Charlotte freight forwarder and customs broker community by providing a central source of information regarding industry laws and regulations. Daniel served as the Treasurer and Chairman of the customs committee of the organization for the past two years. He also brings over 20 years of experience to IFFCBA and JAS! Congratulations and best wishes to him as President!

Ear Export Controls / Itar Defense Trade Controls Seminar Series

Date: December 7-10, 2015

Location: Miami,  Florida

This seminar series provides both novice and experienced export compliance professionals with an in-depth education on export control regulations administered by the US Departments of State, Commerce & Treasury.

Did You Miss The BIS Update 2015 Conference?

If you did, you are still able to find the recap online that contains the program summary, presentations and speeches. The annual conference gives the exporting community the opportunity to learn first hand from senior U.S. Government officials about current issues and trends in the export control policies, regulations and practices.

Get the registration information.

The United States signed a Mutual Recognition Agreement (MRA) on December 7, 2015 with the Dominican Republic. The agreement allows for a stronger and better relationship between the countries, specifically securing the global supply chain and also acknowledging the potential of efficiency between U.S. Customs and Border Protection's C-TPAT (Customs-Trade Partnership Against Terrorism (C-TPAT) program and the Dominican Republic’s Authorized Economic Operator Program.  "CBP Commissioner R. Gil Kerlikowske signed the arrangement on behalf of the United States and Dominican Customs Director General Fernando Fernandez signed on behalf of the Dominican Republic," an article by U.S. Customs and Border Protection stated.

CBP Commissioner R.Gil Kerlikowske stated:

“I’m pleased to be here to join President Danilo Medina and Director General Fernandez in the signing of the Mutual Recognition Arrangement. This is a significant milestone for both the United States and the Dominican Republic in the facilitation of secure trade between our two countries.”

Read more about the Mutual Recognition Agreement.

The Federal Trade Commission has announced proposed court orders imposing $1.3 million in penalties against four retailers.  The fines are due to a settlement based on wrongly labeling bamboo materials.    The complaints allege that the four importers broke the law by continuing to misrepresent products of bamboo, despite the warning letters from the FTC in 2010.  In 2013, several other importers settled a combined $1.26 million to settle similar FTC claims.  

Jessica Rich, Director of the Bureau of Consumer Protection, is quoted saying the following on the matter:

"It's misleading to call bamboo that has been chemically processed into rayon simply 'bamboo'. With consumers in the midst of their holiday shopping, it's important for them to know that textiles marketed as environmentally friendly alternatives may not be as 'green' as they were led to believe."

Download the Original Article.

On December 9, the U.S. Environmental Protection Agency and U.S. Customs and Border Protection announced $94,700 in fines to five importers and that more than 1394 items that included engines, scooters and ATV’s had been seized, exported or destroyed.  "This was the latest result of their continued joint operations at the ports of LA, Long Beach and Oakland, targeting foreign-made vehicles and equipment without proper emission controls, as well as illegal pesticides, imported into the United States in vocation of federal law," stated an article from the U.S. EPA,  "EPA estimates that the non-compliance vehicles and engines in its enforcement cases announced today would have emitted at least 215,000 pounds of nitrogen oxide (NOx) and hydrocarbons (HC) per year."  

“EPA has been working diligently with CBP officers at the ports to ensure all items entering our nation comply with federal environmental standards,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “We will continue our efforts to reduce pollution and protect consumers from illegal imports," the article stated.

Read the original article.

President Obama will move as soon as next month to remove several restrictions regarding trade, finance and travel policies towards Cuba. While the exact timing for implementation is still being determined, the Obama administration took a major step forward on December 17 to normalize relations with Cuba. The White House also issued a fact sheet about the specifics about the new regulations.  

(Article no longer available).

RULE WAIVER FOR EXPORTERS TO DEPOSIT PERMANENT EXPORT LICENSE WITH CBP (CSMS# 15-000962)

In anticipation of the implementation of the U.S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE), DDTC is electronically sending CBP registration and licensing data on a daily basis.  Since CBP port officials will have access to the DDTC registration and licensing data through ACE, there is no longer a need for exporters to deposit permanent export licenses with CBP prior to filing in ACE.

Effective immediately, the Deputy Assistant Secretary for Defense Trade Controls is exercising the authority under 22 CFR 126.3 to waive the requirement under 22 CFR 123.22(a)(1) for exporters to deposit permanent export licenses with CBP, prior to filing in the Automated Export System (AES).  This exemption will remain in effect until DDTC amends the language of 22 CFR 123.22(a) (1) to remove the requirement.

Read the official statement.

CONFIRMED OUTBREAK OF HIGHLY PATHOGENIC AVIAN INFLUENZA IN THE CANADIAN PROVINCE OF BRITISH COLUMBIA

"Effective immediately, the United States Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS) has notified U.S. Customs and Border Protection (CBP) of immediate restrictions on the importation of certain bird and poultry products and live birds from a control zone in Southern British Columbia," stated U.S. Customs and Border Protection. This restriction is due to the outbreak of Highly Pathogenic Avian Influenza (HPAI), also known as bird flu. Due to the outbreak, certain poultry products that are originating out of the control zone of British Columbia are prohibited until further notice.

A statement from the CBP:

"Travelers intending to bring food products into the U.S. from Canada are encourages to learn which products are allowed and which are prohibited before they travel."

For further information and a list of prohibited items please visit the official CBP.gov website.

Customs Broker Exam Bootcamp

Date:  January 18-21, 2016

Location:  Lexington, KY

Multi-day, all-day, intensive, collaborative, and hand on workshops that illuminate your way to the customs broker license.  Class will begin at 8:00 am each day and end at 6 pm.

Get More Information

Complying with U.S. Export Controls

​Date:  January 27-28, 2016

Location:  Memphis, TN

The two-day program is led by BIS's professional counselling 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.

Get More Information

What the Heck is a Routed Export Transaction?

​A routed export transaction occurs when a foreign purchaser, or foreign principal party in interest (FPPI) requests to have their merchandise retrieved by a freight forwarder or other agent who has been contracted by the foreign purchaser to export the merchandise from the United States.

Did you know that even though the FPPI is “controlling” the export transaction, the USPPI still has responsibilities?  The USPPI is responsible for providing their name, address and all the commodity information to the filing agent.

Congratulations to Leah Ellis, Corporate Compliance Specialist, as she was named the President of the International Freight Forwarders and Customs Brokers Association of Houston!  The mission of the organization is to serve the Houston freight forwarder and customs broker community by providing a central source of information regarding industry laws and regulations.  Leah Ellis started with JAS Forwarding on December 8, 2008.  In September 2009, she started playing an active role in the Compliance Department as well as being the Import Manager of the Houston Office.  In January of 2011, she joined the Corporate Compliance Team.  She also became a Director of the Houston Customs Brokers and Freight Forwarders Association in 2011, and followed with becoming secretary in 2013.   She has played an active role at both the Local and National level. Congratulations!

The United States and European nations have changed certain conditions of the oil and financial sanctions on Iran and released roughly $100 billion of its assets after international inspectors concluded that the country had followed through on promises to dismantle large sections of its nuclear program.  The changes are mostly financial related and the majority of them are for companies outside of the USA that may be a subsidiary of a US company.  This is not an indication that it is acceptable for a U.S. Company to do business in Iran. You should consult an attorney before considering trade with Iran to ensure you can comply with any regulations.

"Relations between Iran and the IAEA now enter a new phase. It is an important day for the international community. I congratulate all those who helped make it a reality," said Director General Yukiyo Amano of the International Atomic Energy Agency.

To read more on Iran Sanctions Lifted:  http://www.alston.com/advisories/iran-sanctions-relief/

Did you know that Customs and Border Protection requires a minimum of 16 data elements on a commercial invoice for entry processing?  Please review the commercial invoice requirements to see a full detailed description of what the requirements are.

Download the Fully Detailed Description of Commercial Invoice Requirements

Complying with U.S. Export ControlsDate:  February, 17-18, 2016

Location:  Tampa, Florida

The two-day program is led by BIS's professional counselling 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.

Get More Information

Interactive Export Workshop: DC 2016 Intermediate/Advanced Level

Date:  April 5-6, 2016

Location:  Alexandria, VA

This workshop will help experienced export compliance practitioners take their compliance knowledge and their company's compliance program to a higher level.  Successful participants will possess a good basic understanding of export controls.

Get More Information

On February 28, 2016, U.S. Custom and Border Protection is mandating all entries with the FDA and must be filed as ACE Entry Summary and ACE Cargo Release.  With the integration of ACE Cargo Release, several of the PGA’s (Other Government Agencies) are requiring more information.  FDA is one of these PGA’s which is requiring more accurate information on entries.

FDA is now requiring a DUNS (Dun and Bradstreet Number) for both the Importer and Shipper.  If a Shipper does not have a DUNS, the shippers FEI number should be submitted.  If the Importer does not have a DUNS, they will be required to apply for one in order to process the entry.

Please read the attached advisory for further information.

U.S. Customs and Border Protection automated systems electronically support the facilitation of importing and exporting goods. By the end of 2016, the Automated Commercial Environment (ACE) will become the Single Window - the primary system through which the trade community will report imports and exports, and the government will determine admissibility. Through ACE as the Single Window, manual processes will be streamlined and automated, paper will be eliminated, and the international trade community will be able to more easily and efficiently comply with U.S. laws and regulations.  Customs and Border Protection has issued a date of February 28 for a large majority of Participating Government Agency entries to take place.

JAS Forwarding USA has been working diligently for months on the ACE transition and was one of the first brokers to ever file using the ACE system.  The new ACE platform will be a robust system when complete, but it has had its share of ups and downs during the production process.  It has been a rocky road getting ACE to fruition. There have been deployments that have not worked correctly and have caused major headaches for the industry as well as delays in programming being delivered by CBP to the software providers.  This then causes delays to the industry.  Some programming will be delivered by CBP to the software providers the day before the cut over.

JAS will continue to work through these issues and currently participates in several pilots with CBP such as FDA, DOT and the Lacey Act. While U.S. Customs & Border Protection has until the deadline of February 28th, JAS Compliance is currently taking part in daily conference calls with CBP, participating in webinars and attending meetings and classes regularly to ensure that JAS Forwarding USA is ready.

“I have been in the business for a very long time and I clearly remember the first day I heard about ACE over a decade ago and thought ‘wow, this would be a great tool.’  I have watched and listened to CBP discuss ACE and what it can do for years.  The time is finally here.  It has been a rocky road but JAS will do everything we can to ensure that we are ready.” says Laurie Arnold, Regulatory Compliance Officer, JAS Forwarding USA, Inc.

For more information:  http://www.ncbfaa.org/Scripts/4Disapi.dll/userfiles/uploads/second_ACE_letter.pdf

The International Maritime Organization (IMO) changed the Safety of Life at Sea (SOLAS) Convention to require shippers to verify the weight of their containers. The IMO decided to make this change because of road and sea accidents caused by overweight containers.

"Since the new SOLAS container weight rules were released, and as the deadline for implementation rapidly approaches, there have been an increasing amount of questions, few answers and genuine concern among shippers and the industry as to the potentially serious impact of the rule on U.S. trade and competitiveness," stated an article by the NCBFAA.

Please see the full article from the NCBFAA  that includes details of the new rule and answers to some questions that have been raised.

Even though the ACE go live date was pushed back to March 31 for some entry types by US Customs, JAS USA is still pushing forward with processing all entries as ACE Cargo Release.  JAS participates in all applicable pilot programs, the most recent is the APHIS Core Live Animal Program.  JAS was the first broker to participate and transmit the first Live Animal entry with APHIS and CBP. The pilot entry of a purebred horse was a success.  Way to go JAS!

Essentials of U.S. Export Controls

Date:  March 16, 2016

Location:  Pittsburgh, PA

This is an intensive, one-day program that covers the key information you need to know to comply with the EAR. Counselling and other professionals from the Bureau of Industry and Security will cover the major elements of the U.S. export control system for commercial exports. This fast-paced program is ideal for those with busy schedules.

Interactive Export Workshop: DC 2016

Intermediate/Advanced Level

Date:  April 5-6, 2016

Location:  Alexandria, VA

This workshop will help experienced export compliance practitioners take their compliance knowledge and their company's compliance program to a higher level.  Successful participants will possess a good basic understanding of export controls.

What are the required Electronic Export Information (EEI / AES) Data elements?

There are several data elements required to properly complete an AES filing for export shipments.  CFR 15; 30.6 list the mandatory data elements.  

Get the whole list here!

Last week, President Obama signed H.R. 644, the Trade Facilitation and Trade Enforcement Act of 2015. This is also known as the Customs Authorization Bill. This legislation is an important and relevant breakthrough for CBP because it is the first reauthorization for their agency since being created in 2003. "By authorizing CBP, the Act establishes a modern foundation for the agency’s critical missions to counter terrorism and transnational crime, advance comprehensive border security and management, and enhance U.S. economic competitiveness by enabling lawful trade and travel," stated an article by U.S Customs and Border Protection.

The article also stated:

"The Trade Facilitation and Trade Enforcement Act aligns with these goals by enhancing CBP’s ability to prevent violations and take strong actions against violators.  It bolsters our ability to prevent and disrupt the flow of counterfeit goods into the U.S., a critical tool to safeguarding U.S. intellectual property rights.  The Act also formally recognizes CBP’s Centers of Excellence and Expertise (CEEs), one of the agency’s major efforts to modernize and streamline operations by consolidating certain operations by industry sectors.  It also strengthens CBP’s efforts around Preclearance, creating mechanisms to expand and fund these agreements, further extending CBP’s security capabilities abroad.  And, imperative to human rights protections around the world, the Act eliminates obstacles to preventing imports made with forced or child labor into the United States."

To read more on the trade enforcement and see the entire statement click here.

U.S. Customs and Border Protection has been working closely with the Department of Homeland Security, the Border Interagency Executive Council, and the White House in order to track and assess stakeholder readiness for the mandatory filing of electronic entires and corresponding summaries in the ACE. Serious progress has been made, but some concerns remain regarding stakeholder readiness. An updated timeline has been created for the transition to ACE for electronic entry and entry summary filing.

"This updated timeline continues to align with our December 2016 deadline for full implementation of the Single Window via ACE," an article by the NCBFAA stated, "On March 31, 2016, filers will be required to file in ACE for certain entry types as outlined in the updated timeline."

View the updated ACE timeline here.

TSA asks that you please leave these items at home!  If an item resembles a real bomb, it is prohibited!  When these items are found, they can cause large delays. Novelty items are also prohibited from being brought on the aircraft. For example, the comb knife as illustrated was discovered in a carry-on bag at the Lexington Airport which could be considered a concealed knife.  Concealed knives can lead to fines and arrests!

From the offical TSA Blog:

"Unfortunately these sorts of occurrences are all too frequent which is why we talk about these finds. Sure, it’s great to share the things that our officers are finding, but at the same time, each time we find a dangerous item, the line is slowed down and a passenger that likely had no ill intent ends up with a citation or in some cases is even arrested. The passenger can face a penalty as high as $11,000. This is a friendly reminder to please leave these items at home. Just because we find a prohibited item on an individual does not mean they had bad intentions; that's for the law enforcement officer to decide. In many cases, people simply forgot they had these items."

Read the entire blog entry from TSA here.

The U.S. Customs and Border Protection (CBP) and the Office of the U.S. Trade Representative (OTR) are working to reconstruct the Merchandise Processing Fee (MPF) because of the Trans-Pacific Partnership (TPP). More information has been provided in regards to the proposed plan for the reconstruction of the way MPF is currently calculated. MPF is currently calculated on 0.3464 percent with a minimum of $25.  The restructuring MPF would affect all formal entries at a minimum of $30 MPF.  

From Express Trade Capital on the restructuring:

"Rather than being calculated on an ad valorem basis, which is prohibited under TPP, the MPF would be a charged as a flat fee based on the value of the shipment. The MPF is currently calculated at 0.3464 percent of entered value for entries above $2,500, with a minimum fee of $25 and capped at $485 per entry. This restructured MPF would affect all formal entries imported into the U.S. with the fee breakdown being as follows:

  • Minimum $30 MPF on entries valued between $2,501 and $20,000
  • $120 MPF on entries valued from $20,001 to $55,000
  • $260 MPF on entries valued from $55,001 to $130,000
  • Maximum $500 MPF on entries valued at more than $130,000"


​See the full blog article from Express Trade Capital here.

The U.S. Food and Drug Administration announced a public meeting that was held on March 21, entitled “FDA Food Safety Modernization Act:  Prevention-Oriented Import System Regulations and Implementation.”  The public meeting provided importers and other interested persons an opportunity to discuss import safety regulations and programs, including final rules for foreign supplier verification programs for importers of food and human and animals and accreditation of third-party certification bodies.  Every importer of food will soon need to assess the potential hazard of the food product they import and verify that the supplier has established preventive controls to address those hazards.

From the official FDA constituent update:

"Participants will also be briefed on the status of FDA’s Voluntary Qualified Importer Program, which is still in development. Additionally, the public meeting will provide importers and other interested persons an opportunity to discuss FDA’s comprehensive planning effort for the next phase of the FDA Food Safety Modernization Act implementation relating to import safety programs, which includes establishing the operational framework for these programs and plans for guidance documents, training, education, and technical assistance. The meeting is also designed to answer questions about these import programs and provide an opportunity for interested persons to make public comments."

Get the official FDA story here.

U.S. Customs and Border Protection announced that all 10 of its Centers of Excellence and Expertise Centers are now operating at full capacity.  The full operation of all 10 centers is the culmination of considerable work within CBP and with trade stakeholders to streamline operations and modernize the way CBP does business.  The centers provide centralized points of contact for specific industries such as apparel, electronics, machinery, natural gas, pharmaceuticals, automotive, and more.

“The Centers transform the way CBP interacts with trade stakeholders while meeting the needs of economic growth and facilitating supply chain security,” said CBP Commissioner R. Gil Kerlikowske. “As one of the agency’s major modernizing efforts to streamline trade operations, the Centers increase uniformity at our ports and enhance CBP’s industry expertise to better enforce the nation’s trade laws.”

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Lithium batteries have been the preferred energy source to power a wide variety of consumer goods.  Although they are widely used, most people are not aware that lithium batteries are dangerous goods and post a risk with transportation regulations.  As of April 1, 2016, The ICAO Air Navigation Commission prohibits shipping lithium ion batteries as cargo on passenger aircrafts.  

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Developing an Export Compliance Program

Date: April 27, 2017

Location: Portsmouth, NH

Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the Export Administration Regulations (EAR), and to prevent export control violations. This one-day workshop provides an overview of the steps a company may take to implement an internal Export Compliance Program.

https://www.bis.doc.gov/index.php/compliance-a-training/export-administration-regulations-training/seminar-details/1220-april-27-2017-portsmouth-nh

Georgia Logistics Summit

Date: May 16 – 17, 2017

Location: Atlanta, GA

The Georgia Logistics Summit is an event that brings more than 1500 logistics professionals to learn best practices and connect with industry decision makers. Registration is now open!

http://www.cvent.com/events/2017-georgia-logistics-summit/event-summary-173feb5695f6427bb175e17df60c38ac.aspx

Complying with U.S. Export Controls

Date: June 8-9, 2017

Location: Seattle, Washington

This two-day program is led by BIS's professional counselling 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.

https://www.bis.doc.gov/index.php/compliance-a-training/export-administration-regulations-training/seminar-details/1206-june-8-9-2017-seattle-wa

The 11th Annual Export Control Forum
Date:  April 20-21, 2016Location:  Burlingame, CAThe Export Control Forum is a one-and-a-half day program dedicated to bringing the business community up-to-speed on the latest initiatives underway in the export control field, including the latest developments in the Export Control Reform initiative.




Registration is open for G-TEC!
Date:  August 8-9, 2016Location:  Atlanta, GAThe NCBFAA Educational Institute is proud to invite all global logistics professionals to the Second Annual Global Trade Educational Conference (G·TEC).  This two-day event during beautiful summertime in Atlanta, GA will give customs brokers, freight forwarders, NVOCCs, OTI, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments and connect with colleagues new and old.  The JAS Compliance Team will be in attendance!  Be sure to stop by and say hello!  

The Senate recently passed a bill aiming at those who steal trade secrets from other businesses. The measure will also allow people and businesses whose trade secrets are stolen to sue for damages in federal court, just as those who have other kinds of intellectual property misappropriated, such as patents and trademarks. The legislation will also permit a court to order the seizure of property if it will protect trade secrets. Trade secret theft costs more than $300 billion a year for the U.S. economy.

"Supporters of the legislation say that in the digital world, trade secrets are far more vulnerable than when business plans or a secret formula were locked in the office safe. Businesses use electronic means to share secrets with far-flung business partners, but that can put enormous amounts of information at risk if it's downloaded from a computer or the cloud," stated an article by the U.S. News.

Get the Original Article

Why are Harbor Maintenance Fees paid to US Customs?

In the 1980s, the Harbor Maintenance Tax (today known as Harbor Maintenance Fees) were enacted by Congress to recover a portion of the cost of maintaining the nation’s deep draft navigation channels.  The fee became effective April 11, 1987 and has been assessed on port use associated with imports, exports and movement of cargo and passengers between domestic ports.  HMF duties are assessed on ocean import entries.

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