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Our very own Laurie Arnold, Vice President Compliance for JAS Forwarding USA Inc. was a guest speaker at the National Customs Brokers & Freight Forwarders Association of America, Government Affairs Conference in Washington DC on Sept 21. She spoke on the Customs Business Fairness Act HR 4816 bill that she as the NCBFAA Legislative Committee Chair has been championing to become permanent. This bill would protect Customs Brokers from having to reach into their pocket and pay customs duties to the court for redistribution due to the 90-day claw back bankruptcy law. The customs broker would have collected that customs duty from the importer and already paid it to US Customs. If the importer files bankruptcy the broker must pay that money back if in the 90-day period but US Customs would keep the funds already paid.
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.
Congress has included the Customs Business Fairness Act on Dec. 21 as part of the latest coronavirus relief package that changes the way U.S. bankruptcy law is applied to customs brokers when importers become insolvent. Under the current law, a customs broker may be ordered by the bankruptcy trustee to give back the duty paid to it by the insolvent importer during the past 90 days. It does not matter to the bankruptcy trustee whether that money has already been paid to Customs and Border Protection (CBP) to cover import duties.
The provisions amend various sections of the Bankruptcy Code on a temporary basis to provide additional relief to customs brokerage businesses directly impacted by COVID-19 pandemic.
Laurie Arnold, Regulatory Officer of JAS Forwarding USA Corporate Compliance, along with Whitmer and Worrall, led the NCBFAA's latest lobbying effort to include the bankruptcy bill in the latest COVID-19 relief legislation. Congratulations Laurie and everyone that helped to make this happen!
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!
The United States-Mexico-Canada Agreement (USMCA) is the trade agreement that is scheduled to replace NAFTA and enter into force effective July 1, 2020. JAS USA Compliance held a webinar to discuss an overview of the trade agreement and provided resources and helpful information regarding the implementation of the agreement. To listen to the audio of the webinar and access the certification template form, please visit our website by clicking HERE!
In March 2019, JAS Forwarding Miami Branch was very pleased to have MSA Security on site for a live demo of their canine screening process. The 3PK9 Security Program allows airlines and freight forwarders to utilize private sector canine teams as a primary screening method. Essentially, reducing time and cost compared to other screening procedures.
Laurie Arnold presented to the Atlanta International Forwarders and Brokers Association (AIFBA) a legislative update on the HR2261 Bankruptcy Bill, the section 301 tariff and an update on the USMCA that will replace NAFTA. Laurie is actively engaged in local organizations is committed to working with National Customs Brokers and Freight Forwarding Association (NCBFAA) diligently to get Bill HR2261 passed into law.
JAS USA Compliance Members visit Savannah Port
Laurie Arnold (Regulatory Compliance Officer) and Leah Ellis (Corporate Compliance Specialist) of JAS USA Compliance attended a port tour at the Savannah Port with other leaders of the NCBFAA. They were able to get an up-close and personal view of vessel operations and learned about the new and exciting plans for the port’s rail and vessel operations!
Laurie Arnold, Regulatory Compliance Officer of JAS Forwarding and Legislative Committee Chair for NCBFAA, attended a meeting organized by NCBFAA at Senator Lindsay Graham’s office in Washington DC. The meeting was to discuss the bankruptcy bill (HR2261 currently in the house with 25 Congressional co-sponsors) and to try to get the Senate version underway. She is diligently working with industry professionals on the bill in an attempt to get it passed into law.
Laurie Arnold of JAS Worldwide, Legislative Committee Chair for NCBFAA, attended a meeting organized by NCBFAA with US Customs Deputy Commissioner Robert Perez and many other CBP Commissioners to discuss various topics related to our industry. Topics included de minimis entry type 86, power of attorney vetting, the recent customs broker exam and the need for collaboration and direct communication between the forwarding, brokerage community and US Customs. This is one way that JAS is keeping the clients’ interest in front of US Customs and any potential changes that may impact the industry!
On August 22nd, JAS USA Compliance held a seminar for importers with the emphasis on “Adapting Compliance Solutions in the Evolution of Constant Change.” Relevant topics were discussed such as duty drawback, tariff engineering, incoterms, trade agreements, antidumping/countervailing and more!
Contact your JAS Compliance Team for more information!
On March 27th, JAS USA Compliance conducted or first FREE webinar open to current and potential JAS Import Clients. During this session, we discussed Section 232 & 301 tariffs and how it affects customs bonds, tariff exclusions and more! Please find the link below to review all of the questions and answers that were discussed in the webinar session. More webinars to come throughout the year!
Recently, our very own Compliance Officer Laurie Arnold was “flying” high, as her and Compliance Specialist Scott Cassell did an onsite audit for a company with airplanes.
Did you know that JAS Corporate Compliance offers internal auditing and other value added services?
We offer the following services for clients that include but not limited to:
For more information on any of these services, please contact your local JAS Representative today!
As of Monday March 20, 2018 JAS Forwarding (USA) is now assisting CBP and TSA on its initiative to provide enhanced security for air cargo coming into the United States. The Air Cargo Advanced Screening (ACAS) initiative was created by U.S. Customs and Border Protection (CBP) to gather data concerning the parties and commodities involved in air cargo prior to its loading on an aircraft at a foreign port. The initiative is currently in the pilot phase allowing CBP to collaborate with the air cargo industry to determine the most effective means of achieving the desired regulatory results without affecting the speed of air cargo operations.
Effective December 2017, the JAS Charleston branch has been approved by U.S. Customs and Border Protection (CBP) as a Foreign Trade Zone (FTZ)! This is the first FTZ within JAS! Foreign Trade Zones are secure areas under Customs and Border Protection supervision that are generally considered outside of CBP territory upon activation. Foreign and domestic merchandise may be moved into the zones for operation, not otherwise prohibited by law including storage, exhibition, assembly, manufacturing and processing. Under zone procedures, the usual formal CBP entry procedures and payments of duties are not required on the foreign merchandise unless and until it enters CBP territory for domestic consumption. For more information on the JAS FTZ, please contact your local JAS Representative!
The Bureau of Industry and Security annual Update Export Control Policy Conference gives the exporting community the opportunity to learn first-hand from senior U.S. Government officials about current issues and trends in export control policies, regulations and practices. This major outreach activity draws business and government representatives from around the world to exchange ideas about export control issues. It provides attendees with the opportunity to interact with U.S. Government officials about programs and services offered by U.S. Government and industry exhibitors. It is one of the Department of Commerce’s most notable international trade events. In attendance from JAS Forwarding were Laurie Arnold (Regulatory Compliance Officer) and Tiffany Coffey (Corporate Compliance Specialist).
The JAS USA Compliance team will be attending the NAFTZ Conference next week in San Diego, CA- USA
Here is the first clue - the Foreign Trade Zone pending activation is on the opposite coast from the NAFTZ Conference. Activation appears to be very close.
Stay tuned for more information.
Questions? Contact us today!
JAS Corporate Compliance staff conducts internal compliance audits at each of our branches annually. The purpose of the audit is designed to monitor and evaluate our internal control environment as to its adequacy, efficiency and effectiveness as it relates to customs compliance.
JAS Corporate Compliance also offers value added services for clients such as:
For more information on any of these services, please contact your local JAS Representative today!
In Washington D.C. at the National Customs Broker & Forwarders Association of America (NCBFAA) Government Affairs Conference (GAC), representatives of the association and government legislators sat down to discuss issues that matter to international trade. Some of the issues that were discussed are:
The GAC is a conference held annually. In attendance from JAS Forwarding USA were Scott Cassell and Leah Ellis from corporate compliance.
In early August, JAS employees’ from across the country traveled to JAS Headquarters in Atlanta, GA to attend an export conference. For two days, the conference provided hands on training and presentations on various export topics including red flags, restricted countries, routed transactions, dangerous goods and many more! The conference was a success and the knowledge gained was valuable information for all of the attendee’s!
JAS Forwarding employees’ attended the G-TEC Conference 2017 this year. This is a two-day event that gives customs brokers, freight forwarders, NVOCCs, service providers, importers, exporters and global logistics professionals an opportunity to receive updates on industry developments.
In attendance from JAS Forwarding was (left to right) Dan Zupko, Ginger Shalkowski, Laurie Arnold and Leah Ellis.
On June 13, 2017 a team of JAS USA employees’ attended a seminar entitled “Navigating the U.S. FDA Foreign Supplier Verification Program (FSVP) Rule.” The Foreign Supplier Verification Program is a newly implemented rule by the U.S. Food and Drug Administration. It requires importers to perform certain risk-based activities that ensures food imported into the United States has been produced in a manner that meets applicable U.S. safety standards. Importers are also required to ensure that products are not adulterated or misbranded with respect to allergen labeling. The seminar provided in-depth knowledge of the rule. The knowledge obtained will assist our JAS teams with being able to answer questions and guide importers in the process of complying with this rule. JAS USA is committed to following the development of the market and supports the customers’ needs as necessary!
Leah Ellis, Compliance Specialist at JAS Forwarding USA Inc, was the guest speaker at the Atlanta International Forwarders & Brokers Association Monthly meeting where she presented a training session on Customs ACE Portal. She reviewed how to navigate through the portal and reporting tools available for Importers, Exporters and Brokers. She has also conducted a seminar with the Houston Broker’s Association on the ACE Portal.
Additionally, Laurie Arnold, Regulatory Compliance Offer at JAS Forwarding USA Inc, was invited to be a guest speaker at the Importer Seminar for the Midwest Global Trade Association. She spoke on the hot topic that all customs brokers would desperately love to provide input to “What Can Importer’s Do to help their Customs Broker?” Her presentation and input was well received!
For more information on JAS Compliance and speaking engagements, please contact email@example.com.
"Descartes Systems Group, the global leader in uniting logistics-intensive businesses in commerce, announced that JAS Forwarding Inc. is using the cloud-based Descartes Air Cargo Advance Screening solution to provide enhanced security for air cargo coming into the United States," stated an article by the American Journal of Transportation. The Air Cargo Advanced Screening initiative was created by CBP in order to gather data about the parties and commodities involved in air cargo, before loading takes place on an aircraft at a foreign port. This initiative is in the pilot phase currently. CBP has also been able to communicate with the air industry to determine the best ways of achieving the desired regulatory results without affecting the speed of air cargo operations.
From the article:
“Technology innovation remains a cornerstone of our mission to ensure worldwide transparency and an efficient supply chain for our customers by delivering their cargo on time and securely,” said Laurie Arnold, Regulatory Compliance Officer at JAS Forwarding Inc. “With the Descartes solution, we’re not only an early adopter of the ACAS pilot program but are sharing information with CBP further back in the supply chain to help identify high-risk air shipments into the U.S. while accelerating the movement of low-risk shipments.”
In Washington D.C. at the National Customs Broker & Forwarders Association of America (NCBFAA) Government Affairs Conference (GAC), representatives of the association (including JAS’s very own Laurie Arnold and Leah Ellis) and government legislators sat down to discuss issues that matter to international trade. The GAC Conference is held annually.
Some of the issues that were discussed are:
The U.S. and Japan have reached an agreement to adjust the Section 232 tariffs on Japanese steel imports. This new agreement sets a quota for Japanese steel, allowing for up to 1.25 million tons to be imported without any Section 232 duties imposed. This plan is similar to a resolution passed last year easing EU steel and aluminum tariffs, though this agreement only affects Japanese steel imports. These multinational agreements are part of a larger strategy to fight China’s anti-competitive trade practices, as well as creating a greener steel trade industry.
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing a final rule to adjust certain civil monetary penalties (CMP) for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. OFAC imposes CMPs pursuant to the penalty authority in five statutes: The Trading With the Enemy Act; the International Emergency Economic Powers Act ; the Antiterrorism and Effective Death Penalty Act of 1996; the Foreign Narcotics Kingpin Designation Act; and the Clean Diamond Trade Act . The new rule went into effect February 9th.
AD/CVD (Anti-dumping and countervailing duty) is a hot topic in the trade world these days. Determining whether AD/CVD applies to products is imperative to understand the costs of imported goods. Applicability of AD/CVD is typically based on the description of the item as it relates to the scope of the AD/CVD order. HTS codes are part of AD/CVD scopes but are not the deciding factor.
Using case numbers, The US Customs & Border Protection system for AD/CVD search AD/CVD search can provide information on specific cases including scope and other background related to individual cases. Simply enter a case number in the search field and the results will appear. Users can sort by date, status, type and much more.
In early January, US Customs and Border Protection released their annual statistics for Fiscal Year 2021. Among the data provided was information on the ongoing efforts to protect consumers from products made using forced labor. In the last fiscal year, CBP has prevented almost $500 million worth of goods manufactured using forced labor from entering the US. Trade seizures were also up from last year, with over 83,000 shipments siezed over alleged trade violations. CBP also noted a record year in imports, collecting almost $94 billion in duties and taxes.
The International Trade Commission (ITC) has opened an AD/CVD investigation to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, by reason of imports of steel nails, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value from India, Sri Lanka, Thailand, and Turkey and alleged to be subsidized by the Governments of India, Oman, Sri Lanka, Thailand, and Turkey. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 14, 2022. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 22, 2022.
Investigation Nos. 701-TA-673-677 and 731-TA-1580-1583 (Preliminary)
On January 24th, the Department of Homeland Security announced that they are seeking public comment on the Uyghur Forced Labor Prevention Act. These comments are intended to help shape the way the act will be implemented and enforced. Included in the notice are instructions on how to submit a comment, and a series of questions to help ensure DHS gets the information they need. The commenting period is open now and will close March 10th at midnight. For further information on the bill or details on how to submit a comment, please see the below links.
New legislation has been introduced to the House that aims to reduce exploitation of the Section 321 de minimis threshold. Section 321 de minimis currently allows goods from foreign countries to be imported duty-free and tax-free as long as the value of the goods is under $800. Over the past several years, the amount of packages arriving in the US under Section 321 has expanded exponentially, currently averaging over 2 million packages per day. There are major concerns that this is reducing the competitiveness of US businesses, and allows bad actors in the industry to exploit the lack of oversight on these lower-value shipments. The Import Security and Fairness Act is intended to close this loophole and provide additional oversight to the de minimis import process. The Act also will require CBP to collect information on all de minimis shipments in order to prevent further abuse of the rule, as well as ensuring de minimis is not being used to bring in goods made with forced labor.
Starting January 22nd, DHS will begin enforcing a requirement for all non-US citizens traveling to the United States via land port of entry or ferry terminals to be fully vaccinated against COVID-19. This new requirement is part of a series of changes to Non-Citizen entry into the US that was created in October of last year in order to fight the ongoing spread of COVID-19. As of January 22nd, any non-US individuals entering the US - regardless of their reasoning for entry – will need to verbally state their vaccination status and provide proof of a CDC-approved COVID-19 vaccination, along with the usual documents required to cross into the United States.
US importers are responsible for keeping all records related to imporations into the United States for the legal retention period. In general records must be kept for 5 years from the date of entry, or 5 years from the date of the activity which required the creation of the record. Failure to produce entry records upon lawful demand can result in significant consequences. Check out CBP’s informed compliance publication on “Recordkeeping” in the link below to learn more.
Valentine’s Day is just around the corner! Sweep your partner off their feet with these fun Valentine’s facts.
February 10, 2022
2:00 PM ET- 3:00 PM ET
Sandler Travis & Rosenberg
The Census Bureau is proposing to amend its regulations to reflect new export reporting requirements related to the country of origin. Specially, the Census Bureau is proposing to add a conditional data element, country of origin, when foreign origin is selected in the Foreign/Domestic Origin Indicator field in the Automated Export System (AES). In addition to the new export reporting requirement, the proposed rule would make remedial changes to the FTR to improve clarity and to correct errors.
Written comments are requested and must be received on or before February 14, 2022.
Earlier this year, the Uyghur Forced Labor Prevention Act was introduced to the Senate. The bill includes measures to restrict certain goods imported from the Xinjiang Uyghur Autonomous Region due to alleged human rights violations and forced labor being used to manufacture exported goods. The only exceptions for imported goods from this region will be if CBP can establish proof that the goods were not made through exploitive or forced labor practices. The bill will also empower the current administration to impose and enforce sanctions against any businesses or individuals supporting any forced labor practices within the region. This bill was passed in the House on December 8th, and the Senate on December 16. The bill was signed by the President on December 23, 2021.
On December 13th, Chris Magnus was sworn in as the Commissioner of the United States Customs and Border Protection agency. The new Commissioner will lead the United States’ largest law enforcement agency, with nearly 65,000 people. Magnus brings with him over 40 years of experience in law enforcement leadership from across the US and has served as police chief in several cities. Magnus has stated that he wants to work together with Congress to address the most pressing issues for the CBP.
On December 23, 2021, the White House issued a proclamation to modify the Harmonized Tariff Schedule of the United States. The White House Press Release says “Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”)…directs the United States International Trade Commission (the “Commission”) to keep the Harmonized Tariff Schedule of the United States (HTS) under continuous review and periodically recommend to the President such modifications to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set forth in that subsection.” On December 28, 2021 the Presidential proclamation was published in the Federal Register and the new changes will be in effect 30 days later (January 27, 2022).
Flagging for reconciliation allows importers to file their entry summaries using the best available information they have on file and electronically “flag” estimated elements, with the mutual understanding that CBP will receive the actual information at a later date. Importers can then provide the corrected information on a new type of entry called a Reconciliation. To read more about reconciliation, check out the link below.
January is National Meat Month, and what better way to celebrate than with the perfect steak dinner! Of course, you’ll need some quality ingredients to serve your protein-rich meal, but where did all these ingredients come from? It may surprise you to find that old traditional steak dinner requires foods and goods from all over the globe to come together on your dinner plate. The package label may say ‘New York Strip Steak’ but there is a fair chance that steak was imported from Canada, Mexico, or New Zealand. Once you get the steak going, you can add some flavor by topping it with some shiitake mushrooms, fresh from South Korea! Next, you’ll want a side for the meal, so scallop some Canadian potatoes and top it with some American cheddar cheese. Of course, you’ll need some greens to balance out the meal - time to toss a salad! Take a big pile of leafy lettuce and ripe tomatoes (both imported from Mexico) and top with some fancy cheese and dressing, both Italian! Considering all the countries that had to come together to plate this one meal, maybe we should call it International Meat Month?
The US Chamber of Commerce has sent a letter to Congress encouraging Congress to take action on renewing GSP (Generalized System of Preferences) and the MTB (Miscellaneous Tariff Bill), both of which expired in December of 2020. The Chamber pointed out the impact to US business and urged Congress urgently approve this legislation before the end of the year.
On October 1st, APHIS (USDA Animal and Plant Health Inspection Service) began implementing Phase VI of the Lacey Act enforcement scheduled. Last year, APHIS solicited comments on Phase VI and received numerous concerns that trade could be delayed or disrupted if certain products were added to HTS 4415 and required import declarations. Phase VI now includes rules that benefit shippers by not requiring import declarations on crates, pallets, and other Wood Packaging Materials used to ship goods. Only new products categorized under HTS 4415 will require declarations upon import.
For further details and a list of all affected products, pleasesee the official statement here
Starting January 1, 2022 the current tariffs on imports of EU steel (25%) and aluminum (10%) will be replaced with a Tariff-Rate Quota. All steel and aluminum products within-quota will not have any Section 232 duty applied, whereas any steel or aluminum imports that arrive above-quota will be charged their respective Section 232 duty rate. The TRQ will be reviewed annually and recalculated regularly in order to keep up with demand.
CBP’s website (linked below) for “Official Notice of Extension, Suspension and Liquidation” can be used to determine the status of entries. Entries must have a status of extension, suspension, or liquidated to produce any results. Some of the information returned includes Posted date, Liquidation date, Action (meaning change increase or no change, etc.), Port of Entry, Entry date, Entry Type, and the CEE Team designation.
Users can search by entry number along with combinations of filer code and importer of record numbers. This can be a useful quick check tool to see the status of entries!