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

Training Tidbits

JAS USA Compliance Insights on the Impact of COVID-19

Tidbits - February 2020
February 6, 2020

Did you know that the Super Bowl featured players from 33 different states and five countries?  Click HERE to review the Census data and demographics to see if anyone from your hometown was in the game!  Congratulations to the Kansas City Chiefs!

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What does cheese look like on the TSA X-Ray screen?
January 7, 2020

Cheese trays can be nice holidays gifts!  Did you bring any back with you from your holiday travels?  If you did, did TSA inspect your bag?  They probably did!!!  Did you know that cheese can look just like a bomb when it is passed through the TSA Xray screens?  “A block of cheese could be indistinguishable from C4.  There is no difference on the screen.  Meats too.  All organic products look orange on the display and look like explosives.” Reported a TSA agent.  C4 is a common variety of a plastic explosive that could be harmful in an explosion

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Training Tidbits!
June 3, 2018

Ready to relax at the pool?  Do you have a life jacket?  Don't leave the country with it!  

Life jackets are meant to save lives, but did you know that according to the EAR, life jackets are potentially dangerous objects that can't be taken outside of the U.S. without an export license!  

Do you have an item that may require an export license?  Export license applications and commodity classification requests can be submitted online through a system known as SNAP-R.  

The Bureau of Industry & Security has also made new updates to the system May 2018!

To Find Out More About SNAP-R
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Training Tidbits September 2017
September 8, 2017

Did you know ……September is the only month with the same number of letters in its name as the number of the month: it is the NINTH month and has NINE letters!

Additionally, the first day of fall is in September.  As the weather cools down, it is the perfect time to indulge in some of the most popular fall flavored coffee, tea, and spices!  Coffee, tea, and spices are classified in chapter NINE of the Schedule B and HTS Tariff book!!!!

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Training Tidbits August 2017
August 1, 2017

Did you know ……Watermelons are not a fruit but a vegetable?  They belong to the cucumber family of vegetables and is one of the summer’s best treats!

The United States is the 3rd largest exporter of watermelon by dollar value.  For exporting purposes, the Harmonized Tariff Schedule for watermelon is found in chapter 08 of the HTS.

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Training Tidbits! July 2017
July 10, 2017

Did you know ……The first women’s swimsuit was created in the 1800’s.  It came with a pair of bloomers.

For customs purposes, if swimsuits are imported with an accompanying swimsuit cover that matches the swimsuit in design, the two items cannot be imported as a set and must be imported as two separate items for classification purposes.

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Training Tidbits June 2017
June 6, 2017

Do you know which foods are exempt from the FSVP (Final Rule on Foreign Supplier Verification Program)?

May 27, 2017 the Food & Drug Administration will begin implementation of the Foreign Supplier Verification Program also known as FSVP. There are several foods that are exempt which are as follows:

  • Meat, poultry and egg products subject to USDA regulation;
  • Suppliers covered by the seafood or juice HAACP regulations
  • Raw materials or ingredients for use in a food produced under the seafood or juice HAACP regulations
  • Alcoholic beverages
  • Food imported for research or evaluation provided it is not for retail sale, is properly labeled and is accompanied by an electronic declaration at entry
  • Food transshipped through the US for export
  • Food imported for processing and future export

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Training Tidbits May 2017
May 2, 2017

Food Safety Modernization Act Wizard is a FREE compliance tool!

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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February 2017 Training Tidbits
February 6, 2017

Red Flag Indicators for an Export Transaction. There are certain actions that could be an indicator that further investigation may be required prior to proceeding with an export transaction.  If you notice any of these actions, it could be a red flag!

Please be sure to check out the detailed list of red flag indicators to an export transaction on our flyer!

Download the Flyer
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Training Tidbits! January 2017
January 5, 2017

How well do you understand routed export transactions?

Routed export transactions are a much discussed topic. Therefore, the U.S. Census Bureau has revisited this topic and have provided helpful tips on remaining compliant if you’re involved in a routed export transaction.

To review the helpful tips on routed export transactions click the button below.

Read More

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Training Tidbits December 2016
December 5, 2016

Are you a compliant traveler?

Things NOT to Do on an Airplane

As we approach the holiday season, the goal is to not only be safe but to also be as pleasant as possible.

However, sometimes we get in our own way!

JAS Compliance would like to give you a few helpful tips on what not to do if you are on an airplane and make your travel easier.

  • Don’t tune out the safety briefing.
  • Don’t joke about bombs.
  • Don’t recline your seat during meal times.
  • Don’t eat smelly foods.
  • Don’t drink too much.
  • Don’t abuse the flight attendant call button.
  • Don’t put your carry-on in an overhead bin where you are not sitting.
  • Don’t inflict your feet on other passengers.

Happy Holidays and Safe Travels to you this Holiday Season!

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Shop the Tariff Schedule for the Best Rate
October 19, 2016

2.5% or free of duty?  It can represent a large sum if the value is high and or the volume of entries is strong.  But picking harmonized tariff codes based on duty rates is not only incorrect, it is against the laws that govern trade.  The HTSUS (harmonized tariff schedule of the United States) is not a guide, it is a legal document backed with “teeth.” Failing to effectively classify commodities can lead to CF28’s (requests for information), CF29’s (notices of action often increasing the duty liabilities to the importer), focused assessments and audits.  All of these are efficiency killers in today’s modern fast paced supply chain environment.

CF28’s take time and resources to provide appropriate answers to CBP.  CF29’s take time and resources to review, rebut and sometimes to apply subsequent payments to an entry that may already be completed and closed in the books.  Focused assessments and audits are a whole new level of resource taxing for an importer compared to CF28’s and 29’s.

So what can importers do?

First of all, importers should begin classifying according to the General Rules of Interpretation codified in the HTSUS.  These rules provide the framework to follow a process to obtain correct HTS codes.

Second, importers should assess they database of commodities and determine items which need to be re-assessed.

Finally, an assessment of CF28’s and CF29’s should be examined.  How many have been received in the past 12 months?  How many have been answered? What items were affected by the requests? Have those items been updated inside the internal databases of the importer?

JAS Forwarding USA Inc. Compliance Team is experienced in all of these questions.  We have solved these problems and can help.  Contact us today and we will assist to analyze risk in this arena as well as others!

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Anti Dumping / Countervailing Duties
October 6, 2016

Anti-dumping and countervailing duties are assessed in an honest attempt to help level the playing field for US manufacturers.  This is an important function and CBP is committed to aggressive action to protect the interests of US industry.  Anti-dumping and countervailing duties do have effectiveness and as a result CBP has seen an increase in evasion tactics in some areas of the trade community.  Evasion tactics have included fraudulent country of origin and shipping documentation etc.  This behavior by some in the trade community is rather costly to the country.  Keep in mind that ADD/CVD exists to encourage buyers to source items subject to these duties from US sources or sources that are using free market pricing strategies.  The August 2016 Government Accountability Report notes that in the past 15 years, $2.3 billion were not collected in ADD/CVD.  That is an average of $150+ million per year!  That is also a bunch of US manufacturers being harmed by these questionable evasive practices.

New regulations empower competing importers and federal agencies to call importers out for suspicion of evasive practices with regards to ADD/CVD.  Now is a good time for importers to engage in self-assessment and determine what risk(s) there may be.  Internal audits and continuous improvement of internal compliance processes is a mitigating factor when CBP considers penalties for importers.

Do you have self-audits regularly scheduled?  Do you have extensive experience investigating applicability of ADD/CVD?  We at JAS USA Inc. Compliance team have tackled these issues over and over again.  We pride ourselves in being educators and showing our valuable clients the right way to handle the sometimes uncomfortable positions these types of issues can create.  We are experts at building customized compliance plans, manuals and auditing schedules.  Contact us today and we will be glad to help you mitigate risk!

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TSA Compliance
September 14, 2016

TSA (Transportation Security Administration) plays a critical role in protecting the US transportation systems with the goal of ensuring freedom of movement for people and commerce (TSA Mission Statement).  All of us as members of the trade community have a role in this effort.

JAS Forwarding USA Inc. Compliance team strives to foster exceptional cooperation and partnering with government agencies involved in our daily business activities.  TSA is one of those key agencies!

JAS Forwarding USA Inc.’s commitment is displayed by participating in specific operational training at TSA’s request.

​JAS is honored to support TSA in its newest See Something Say Something Campaign.  Homeland Security is in the process of rolling out a pilot program for K9s, and are using trade community facilities as a setting for this training.  K9s are one of the many integral layers of screening employed by TSA to ensure that our transportation networks are kept safe from threats.  Both our JAS Forwarding USA Inc. Charleston, SC and Atlanta, GA locations have been used for this endeavor.  These branch locations exemplify our policy of cooperation and informed compliance.  All of our staff in our branch locations strategically placed around the USA are well trained and corporately supported in TSA regulations.

Questions?  Contact us today and let’s see how we can manage risk together!

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Training Tidbits September 2016
September 8, 2016

What is the difference between Schedule B Codes (for exports) and Harmonized Tariff Schedule (for imports)?

​  

All of the imports and export codes used by the United States are based on the Harmonized Tariff System (HTS). The HTS assigns 6-digit codes for general categories. Countries which use the HTS are allowed to define commodities at a more detailed level than 6-digits, but all definitions must be within that 6-digit framework.  The U.S. defines products using 10-digit HTS codes. Exports codes (which the U.S. calls Schedule B) are administered by the U.S. Census Bureau. Import codes are administered by the U.S. International Trade Commission (USITC).

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Regulation Changes Coming
August 24, 2016

Did you know that per 15 CFR 758.6, a destination control statement is required on the invoice, bill(s) of lading or other export control documents accompanying shipments from US origin?  This is required for all exports of items on the Commerce Control List that are NOT classified as EAR99, unless the export can be made under a license exception (BAG-baggage or GFT- Gifts as defined in part 740 of the EAR).

Currently, the statement must say at a minimum: “These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations.  Diversions contrary to U.S. law is prohibited” (15 CFR 758.6).

These regulations have been revised and the requirement will change.  The new changes to 15 CFR 758.6 will be effective on November 15, 2016.  According the Federal Register published on August 17, 2016, the final rule implements changes which were proposed on May 22, 2015.  The stated goal of these revisions is “Harmonization of the Destination Control Statements.”  Per the summary of the Federal Register entry, “This final rule revises the destination control statement in 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in 22 CFR 123.9(b)(1) of the International Traffic in Arms Regulations" (ITAR).

The revised regulation clearly states “The exporter must incorporate the following information as an integral part of the commercial invoice whenever items on the Commerce Control List are shipped (i.e., exported in tangible form), unless the shipment (i.e., the tangible export) may be made under License Exception BAG or GFT (see part 740 of the EAR) or the item is designated as EAR99.”  Yes it is similar to what we have already discussed in the opening paragraph.  However, note the language is specifying that the “exporter” must action this requirement.

The new statement as defined in revised 15 CFR 758.6 effective November 15, 2016 is: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified.  They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.”

Are you ready to meet this requirement?  JAS Forwarding USA Inc. Compliance Team is working to ensure that our bill of lading’s language has been adjusted to comply with these revised regulations.  We can help you too.  Contact us today and let’s work on some risk management together!

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JAS' Commitment to Training
August 17, 2016

JAS Forwarding USA Inc. was excited to host all of our USA Customs Brokerage Managers at our Atlanta, GA Corporate Campus last week.  For two days, key licensed brokers from JAS Forwarding USA branch locations sat in a room together with our Corporate Compliance team and discussed current topics in the industry.  This was an exciting time of interactive learning.  Our group was eager to discuss and learn from each other on some very timely topics such as antidumping/countervailing duties, auditing strategies, training entry writers, reporting and many other topics our clients are facing.

The risks in the import sector continue to increase and Customs is ramping up information requests, actions, and enforcement.  Education is an important part of compliance with US Customs regulations protecting the interests of the United States and ultimately our clients.  JAS Forwarding USA Inc. Compliance Team is an advocate for continued education opportunities and is committed to assisting our internal team members in achieving excellence.

Did you know that JAS Forwarding USA Inc. Compliance Team can do external training too?  We are prepared and equipped to educate our clients and assist in training to ensure excellence in compliance and risk management.  Want to know more?  Contact us and let’s learn together.

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Exports, BIS, and Entity Lists
August 10, 2016

To many people, BIS sounds like many other government acronyms.  BIS stands for Bureau of Industry and Security.  The mandate of BIS is extremely important and worth taking a closer look at.

The BIS mission statement is to “Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.” That is quite a mission!  Think of each of the key words in this mission statement and realize the impact this mandate has.

Exporting certain items from the U.S. to certain places in the world may present a national security risk.  Items used for weapon production can be turned around and used against the U.S. both domestically and abroad.  These concerns drive the creation and updating of the Entity Lists.  It is worth re-iterating that the entity list exists because the BIS and other U.S. Government agencies have found cause to believe that somehow, those on the list may be a risk or related to something that poses a threat to our national security.

It is also important to note that just because a person/group/organization is on the entity list, it doesn’t necessarily prohibit trade with them.  However, it does raise the flag and compel the trade professional to ensure that due diligence is exercised in vetting the person/group/organization and determining what regulatory steps should be taken and appropriate authorization obtained in order to legally proceed to trade with those on the entity list.

While things are constantly changing these days it is imperative that we remain vigilant and attuned to all the changes going on around the world.  BIS is a key U.S. Government Agency charged with being an integral instrument of protecting the United States.  The JAS USA Inc. Compliance Team understands the BIS mandate and are always willing to assist.  Contact us and we will help!

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Training Tidbits August 2016
August 4, 2016

Is there a difference between the Incoterms DDU and DAP?

​  

DAP is the short form for “Delivered at Place” that was introduced in 2010.  It is a term of agreement between a buyer and a seller much like DDU.  DDU was removed from Incoterms 2010 and replaced with DAP; however, many traders continue to use DDU in their business documents.  As a result, if traders use the terms in their business documents it is mandatory to mention “as per Incoterms 2000.”  Otherwise, DAP terms are applicable.

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Regulatory Changes = New Business Risk
August 3, 2016

Today’s business world moves at great speed.  Although regulatory organizations do not always move with great speed, there are many of them out there making the rules.  With all of these organizations comes what sometimes feels to the trade community like lots of changes in short periods of time.

While not all changes are earth shaking, some are.  Some are so far reaching that they require the trade community to plan accordingly way ahead of time.  How should the trade community keep up?

There are many ways to keep up.  Newsletters, webinars and good old fashioned research are the most typical avenues.  These are all good.  There’s also the more intensive method of attending trade seminars.  Physical seminars are invaluable in many ways including the classroom style presentation of content, and the simple truth that the opportunity to network in the trade community is often a pathway to great knowledge.

JAS Forwarding USA Inc. Compliance Team is excited to be one of the sponsors of this year’s Second Annual Global Trade Educational Conference (G-TEC).  This is a two day intensive training event in Atlanta, Georgia starting on August 8 and ending August 9, 2016.  This is an exceptional opportunity for trade professionals including importers and exporters to interactively bring themselves up to date on relevant and well-timed content related to the trade community.

Join us at G-TEC and let’s get to know each other and learn together.

Click Here For More Information on G-TEC

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Training Tidbits June 2016
June 2, 2016

What is a USPP?
Am I The U.S. Principal Party In Interest (“USPPI”)?
The USPPI, as defined in the Foreign Trade Regulations ("FTR"), is the person in the United States that receives the primary benefit, monetary or otherwise, of the export transaction. In other words, if you are the recipient of the purchase order from the overseas party for cargo that is exported and you are invoicing them for the product, you are the USPPI no matter what the terms of sale are.

What are my responsibilities as the USPPI?

  1. DETERMINE COMMODITY JURISDICTION: Which U.S. Government Agency controls my product? Are my products subject to the Export Administration Regulations ("EAR"), the U.S. Department of State' Directorate of Defense Controls ("DDTC") International Traffic and Arms Regulations ("ITAR") and/or other government agencies such as the Nuclear Regulatory Commission ("NRC"), Drug Enforcement Administration ("DEA"), or Bureau of Alcohol and Tobacco & Firearms ("ATF")?
  2. KNOW YOUR CUSTOMER: Perform due diligence on the end user(s); know their intended end use; and ensure that no party to the export transaction is on any of the U.S. Government's lists of restricted parties with whom U.S. companies and U.S. Persons cannot do business without proper U.S. Government authorization.
  3. CLASSIFY PRODUCTS: for Statistics (Schedule B or the US Harmonized Tariff Schedule ("USHTS") and License Determination (Commerce Control List ("CCL") i.e. ECCN or EAR99, or US Munitions List ("USML")). License requirements are dependent upon an item's classification, technical characteristics, ultimate destination, end- user, and end-use. Exporters must determine whether or not the product being exported requires a license or whether it qualifies for a license exception.
  4. FILE ELECTRONIC EXPORT INFORMATION ("EEI") into the Automated Export System ("AES") or authorize your forwarder to file on your behalf by signing a Power of Attorney ("POA") or other written authorization such as a Shipper's Letter of Instruction ("SLI"). POAs should specify the responsibilities of the parties with particularity and should state that the forwarder has the authority to act on behalf of the Principal Party in Interest as its true and lawful agent for purpose of filing the Electronic Export Information ("EEI") in accordance with the laws and regulations of the U.S. Note: On "Routed Export Transactions", authorization is the responsibility of the Foreign Principal Party in Interest ("FPPI").
  5. MAINTAIN SHIPMENT RECORDS: according to the regulations of the controlling Government Agency; typically 5 years from the date of export

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Training Tidbits May 2016
May 2, 2016

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!  

Get More Information

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Training Tidbits April 2016
April 4, 2016

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

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

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

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

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

SIA 2021 Spring Virtual Advanced Conference

Date:  May 17-19, 2021

Location:  VIRTUAL

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


Complying with U.S. Export Controls

Date: June 8-11, 2021

Location:  VIRTUAL

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

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

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

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

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

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

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

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

POSTPONED - 2022 CBP Trade Symposium

Date: July 20-21, 2021

Location: Anaheim, CA

CBP announced the announced a date change from the Trade Symposium that was originally scheduled for March 2020.  It was rescheduled to be held in March 2021 and has now scheduled to be held July 2021.    

Complying with U.S. Export Controls

Date: April 28-29, 2021

Location:  VIRTUAL

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

Register Here

Effective April 1, the Department of Agriculture’s Marketing Service will increase the assessment rate from $0.35 to $0.41 per thousand board feet (MBF) on imported softwood lumber.  The order is administered by the Softwood Lumber Board with oversight by the U.S. Department of Agriculture (USDA). This rule will also add the conversion factor for square meters to board feet and makes one conforming change.

On February 11, 2021, the Biden Administration authorized new sanctions and export-control restrictions on Myanmar (also called Burma) in response to the Myanmar military’s recent coup against the country’s elected civilian government.

U.S. Customs and Border Protection agents and officers nationwide are continuing reports of residents receiving unsolicited calls from scammers posing as U.S. Border Patrol agents and U.S. Customs and Border Protection officers. Individuals are reporting the calls are a pre-recorded message stating, “a box of drugs and money being shipped has your (callers) name on it and it has been intercepted.”  The caller is then instructed to press #1 to speak with a CBP Officer/Agent, which then attempts to get the callers banking information.  

These calls are phone scams/phishing attempts and residents are urged to not provide the caller with any information. The Department of Homeland Security and CBP does not solicit personal information by phone. If such calls are received, people should make a note of the number and any other pertinent details about the call and immediately hang up and report the incident if possible.

Phone scams can be reported to the Federal Trade Commission online at https://reportfraud.ftc.gov/.

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.

Did you know that March 30th is National Virtual Vacation Day?  When March 30th arrives, so does National Virtual Vacation Day, reminding us all to relax, recharge, and rejuvenate no matter where we are.  Vacations restore our minds, bodies, and souls. Studies show that taking a vacation lowers the risk of heart disease. They also help hone our problem-solving skills and promote overall brain health. There has never been a better time than now to explore a virtual vacation.  Stay safe and enjoy National Virtual Vacation Day!

Partnering for Compliance Conference

Date:  March 9-11, 2021

Location:  Webinar

This collegial and interactive conference will focus on a broad spectrum of export regulatory & compliance matters of current relevance.  Senior-level government and trade speakers will provide solid & recent updates on US initiatives & policies regarding export control licensing/enforcement.

Register Here

POSTPONED!  2021 CBP Trade Symposium

Date:  July 20-21, 2021

Location: Anaheim, CA

CBP announced the announced a date change from the Trade Symposium that was originally scheduled for March 2020.  It was rescheduled to be held in March 2021 and has now scheduled to be held July 2021.

Register Here

Effective January 13 at all U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain cotton products and tomato products produced in China’s Xinjiang Uyghur Autonomous Region.  

CBP issued a Withhold Release Order (WRO) against cotton products and tomato products produced in Xinjiang based on information that reasonably indicates the use of detainee or prison labor and situations of forced labor. The agency identified the following forced labor indicators through the course of its investigation: debt bondage, restriction of movement, isolation, intimidation and threats, withholding of wages, and abusive living and working conditions.

The deployment of the Aluminum Import Monitoring and Analysis (AIM) system scheduled for January 25, 2021 has been delayed until March 29, 2021. The AIM system website consists of an online aluminum import license application platform and public monitoring. This delay means that licenses will not be required for covered aluminum products until the new implementation date.

The U.S. Trade Representative has determined to suspend the tariff action in the Section 301 investigation of France’s Digital Services Tax (DST).  The additional tariffs on certain products of France were announced in July 2020 and were scheduled to go into effect on January 6, 2021.  The U.S. Trade Representative has decided to suspend the tariffs of the ongoing investigation of similar DSTs adopted or under consideration in ten other jurisdictions.  Those investigations have significantly progressed; however, have not yet reached a determination on possible trade actions.  A suspension of the tariff action in the France DST investigation will promote a coordinated response in the ongoing DST investigations.

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 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.

As we continue to practice social distancing, share the gift of love through sending a Valentine’s card to your family, friends and loved ones this year!  Did you know that Valentine’s Day is the 2nd most popular day of the year for sending cards?  Christmas is the first most popular!  Also, did you know that 9 million people buy their pets a gift for Valentine’s Day?  Maybe get them a card!  Hopefully, they won’t eat it!  Happy Valentine’s Day!

Complying with U.S. Export Controls

Date:  March 2-5, 2021

Location:  Webinar

The two-online workshop 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.

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!

On April 10, 2020, FEMA published a Temporary Final Rule allocating certain health and medical resources for domestic use so that these resources may not be exported from the United States without explicit approval from FEMA.


An announcement was made that the Temporary Final Rule has been extended and will remain in effect until June 30, 2021.

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!

The U.S. Department of Commerce has published a Federal Register Notice issuing 123 new Section 232 tariff exclusions on steel and aluminum imports.  The exclusions are effective for article entered for consumption, or withdrawn from warehouse for consumption, on or after December 29, 2020.

The U.S. Department of Commerce published a final rule in the Federal Register adopting the Aluminum Import Monitoring and Analysis (AIM) system regulations.  The AIM website consists of an online aluminum import license application platform and public AIM monitor. The license application system will be available for early registration on or after January 4, 2021, and licenses will be required for entries of covered aluminum products beginning January 25, 2021.

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.

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