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

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JAS USA Compliance Insights

Training Tidbits

JAS USA Compliance Insights on the Impact of COVID-19

Did you know? Daylight Savings Time
March 4, 2022
  • While it is often attributed to him, Ben Franklin actually did not come up with daylight saving time as we know it today, but he did pen the idea of adjusting schedules to the available sunlight in an unpublished satirical letter from 1784. In the letter he calculated the money that Parisians could save on candles if they woke with the sun instead of lazily waking at noon.
  • The actual name is Daylight Saving, not Daylight Savings, as it is often called.
  • Daylight Savings was not enacted officially in the US until March 1918. This was later repealed, then enacted again during WWII. After the war, states were allowed to choose whether they wanted to utilize DST or not. This resulted in massive travel issues for citizens crossing multiple state lines.
  • Modern use of DST was established in 1966, when the government passed the Uniform Time Act, creating a standard for daylight savings across the country (minus a few holdout states).
  • Hawaii, Arizona, and most US Territories do not observe DST.
  • There is much debate over whether DST has positive or negative effects on regions that use it, and whether it is necessary at all. Polls indicate that over 60% of Americans generally support the idea of eliminating DST permanently.
  • Studies show that the second Monday in March (the day we “lose an hour” every year) there are noticeable spikes in workplace accidents, traffic accidents, losses of productivity and slight increases in health issues such as heart attacks and strokes.
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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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Temporary Suspension of Tariffs on Solar Panels from Southeast Asia Authorized

Recently, the US has been experiencing a shortage of solar energy modules, and energy producers have not been able to keep up with demand for clean energy alternatives. On June 6th, the current administration declared “an emergency to exist with respect to the threats to the availability of sufficient electricity generation capacity to meet expected customer demand.” This emergency declaration allows for solar panels originating from Cambodia, Malaysia, Thailand, and Vietnam to be imported to the US duty-free for the next 24 months, at the discretion of the Secretaries of Commerce, Treasury, and Homeland Security.

CBP Releases Guidance for Importers on UFLPA

CBP has released the UFLPA Operation Guidance for Importers. This document details the enforcement of the Uyghur Forced Labor Prevention Act and has operational guidance and best practices for importers to comply with the act, which went into effect on June 21, 2022. The guidance has step-by-step instructions on how to submit a request for exception to the rebuttable presumption, which prohibits importation of any “goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions.” The guidance also includes an extensive list of resources for importers to use when doing their due diligence and maintaining the security of their supply chain, which CBP recommends all importers do as this act takes effect.

Ocean Shipping Reform Act Signed into Law

On June 16th, the current administration signed the Ocean Shipping Reform Act of 2022 (OSRA) into law. This act will provide additional powers to the Federal Maritime Commission (FMC) which will help combat rising freight costs, enhance oversight on international ocean carriers, and prohibit carriers from unreasonably denying US exports. The Act will allow the FMC to conduct investigations into ocean carriers and apply enforcement measures based on their findings. The Act also changes some rules on demurrage and detention charges, passing the burden of proof from the invoiced party to ocean carriers to verify the demurrage and detention charges, and ensuring that these charges meet federal regulations.

EPA Form 3540-1 Update

The EPA has updated the 3540-1 Notice of Arrival of Pesticides and Devices (NOA) form. This type of form is generally only used for entries that cannot be done through ACE. The new form clarifies some of the requested data elements and has improved instructions for filling out the form. CBP will continue to accept the old form until July 30th, 2022. After the grace period, all importers should be using the new form when filing entries.

G-TEC

On August 1st and 2nd, 2022, the NCBFAA National Educational Institute will host the annual Global Trade Educational Conference (G-TEC) in Chicago. The conference is open to all importers and exporters, and will have sessions on many different topics featuring subject matter experts and prominent leaders in the industry. Topics include CTPAT, Binding rulings, export sanctions, trade remedies, forced labor prevention, tips on managing remote work, and many more. This event is a great opportunity for importers and exporters to learn more about compliance and improve the effectiveness of their due diligence. and provide due diligence. NCBFAA members that register will have access to member pricing and earn 14 CCS/CES credits. This event is also a great opportunity to network with others in the global trade industry.

Did you know, fireworks image

Independence Day is July 4th and many Americans spent this long weekend celebrating with a BANG! Fireworks have become an integral part of celebrating major holidays in America. Here are some fun facts about fireworks:

  • Chinese alchemists first discovered how to make explosive black powder over 1000 years ago. This black powder consisted of charcoal, sulfur, and potassium nitrate. This powder would eventually be refined and developed into gunpowder – the perfect substance for launching and exploding colorful chemicals in the sky.
  • Fireworks did not have color or design until the 1830s when Italian pyrotechnicians added arial shells and metal salts to the mixture. These additions would cause brilliant colorful effects and allow for multiple timed explosions with a single firework shell.
  • Fireworks have been used to celebrate Independence Day since the very first anniversary of the signing of The Declaration of Independence on July 4th, 1777, in Philadelphia.
  • Americans spent $1.5 billion on fireworks last year. The American Pyrotechnics Association (APA) projects that spending will likely exceed $2 billion this year!
  • Fireworks are getting more expensive, and there will likely be shortages. Due to rising inflation and rising shipping costs, fireworks are going up in price.
  • Display fireworks are hard to ship! Since fireworks are considered explosives, importing them comes with certain restrictions. An importer will need a Federal Explosives Importer License or an ATF license specific to the activity planned for the imported fireworks. All fireworks must be properly labeled with warnings and pass inspection upon entry to the US.

Happy 4th of July!  Please make sure to be safe when using fireworks!

CBP recently expanded their Antidumping/Countervailing Duties & Trade remedies web page.

CBP recently expanded their Antidumping/Countervailing Duties & Trade remedies web page. This site has links with the latest information on trade remedies for Sections 201, 232 and 301, AD/CVD information, FAQ’s, Informed Compliance Publications, guides on different trade policies, and a searchable public message system. This site will be an incredibly helpful tool for importers looking to get their products through customs efficiently and avoid delays.

On May 9th, the Department of Commerce announced that the Section 232 Tariffs on Ukrainian steel will be lifted for one year.

On May 9th, the Department of Commerce announced that the Section 232 Tariffs on Ukrainian steel will be lifted for one year. This follows similar tariff suspensions on Ukraine-originating goods by other allied countries around the world. Ukraine’s steel industry is one of the most important parts of their economy and employs a significant portion of the country. This suspension will provide relief to this industry, allowing for additional export opportunities as their steel mills begin production again.

The US Commerce Department will require aluminum licensing applications to note “country of largest smelt” and “country of second largest smelt” starting June 29, 2022.

The US Commerce Department will require aluminum licensing applications to note “country of largest smelt” and “country of second largest smelt” starting June 29, 2022. This means that importers bringing in aluminum products will need to identify on their applications the country in which the largest and second largest volumes of new aluminum are being produced. There was a one year grace period allowed for importers to use “Unknown” in these fields as they collected the information they would need to meet the requirement. This grace period will expire June 28th, and moving forward, all aluminum import license applications will require these fields to be filled for the aluminum licensing application to be considered.

The FDA recently released updated guidance on Foreign Supplier Verification Programs for Food Importers (FSVP)

The FDA recently released updated guidance on Foreign Supplier Verification Programs for Food Importers (FSVP), requiring that every entry line of food being imported to the US has a unique facility identifier (UFI). Earlier guidance allowed for using “UNK” (unknown) in place of the DUNS number in the UFI field, as this was a new requirement and importers would need time to gather the necessary information. As of July 24th, 2022, the FDA will no longer allow the use of “UNK” in the UFI field. All foods subject to FSVP must have the corresponding DUNS number in the UFI field of each entry. Moving forward, CBP will reject any entry line for foods subject to FSVP if there is no DUNS provided.

CBP 2 Letters

Last month, CBP announced that they would be sending Known Importer Letters to importers that imported goods that may be subject to the Uyghur Forced Labor Prevention Act (UFLPA). Since then, approximately 400 letters have been sent to importers across the US. There are two versions of this letter, one for importers that are part of the Customs Trade Partnership Against Terrorism (CTPAT), and one for those who are not. The CTPAT letters have additional language noting that the importer may be removed from the CTPAT program if they are in violation of UFLPA. CBP is urging all importers to thoroughly review their supply chains before implementation of UFLPA on June 21st.

Summer Tidbits

Summer starts on June 21st, and experts say we are in for a hot one this year! Meteorologists are predicting above-average temperatures across the US, particularly in the North and Midwest. Here are some tips to keep you and your family cool as we enter the sunniest season of the year:

  • MAKE SURE YOU ARE HYDRATED! – This cannot be emphasized enough. Hydration is key to keeping your body temperature regulated. Drink plenty of cool water or sports drinks with electrolytes and stay away from coffee or other drinks that can dehydrate you.
  • Eat a popsicle – Frozen treats are a fantastic way to keep you cool when it’s hot out. As a bonus, a tasty frozen popsicle can double as a mini ice pack if you’re really burning up!
  • Dress appropriately – When dressing for the heat, make sure to wear lightly colored loose clothing made of breathable fabrics like cotton or linen. Strap on some sandals or flip-flops to reduce feet sweat. Don a hat and put on some sunglasses to keep your head cool and block UV rays from the summer sun.
  • Eat something spicy – Yes, you read that correctly. Eating spicy food might not be comfortable for everyone, especially in the heat. However, spicy foods can improve your circulation, which causes you to sweat more, and sweat cools the body. Who knew that a dash of hot sauce could keep you cool as cucumber?
  • Freeze your sheets – Getting to sleep when it’s hot is just the worst. Combat warm nights with cold sheets! Strange as it sounds, putting your sheets in the freezer shortly before bedtime will help you cool down when you go to bed. You can also try keeping freezing gel packs between your sheets to keep you cool throughout the night.

Laurie Arnold Vice President Compliance for JAS Forwarding (USA) Inc. was elected as the Treasurer to the National Customs Brokers & Freight Forwarders Association of America (NCBFAA)

Laurie Arnold Vice President Compliance for JAS Forwarding (USA) Inc. was elected as the Treasurer to the National Customs Brokers & Freight Forwarders Association of America (NCBFAA) at the 49th Annual NCBFAA conference in Tucson AZ on May 2nd.  The NCBFAA is a national membership headquartered in Washington DC that represents more than 1,000 member companies with over 110,000 employees in international trade-the nation’s leading freight forwarders, customs brokers, ocean transportation intermediaries, NVOCC’s and air cargo agents, serving more than 250,000 importers and exporters. The NCBFAA established in 1897, is the effective national voice of the industry. The association keeps a close eye over legislative and regulatory issues affecting the international trade community.

 Laurie has served the last 3 years as the Legislative Committee Chair for the NCBFAA, working with the congressional offices on a variety of issues, including the America Competes Act currently in congress. The America Competes Act (HR4521) covers multiple areas including the Illegal Fishing & Forced Labor Prevention Act (SIMP) and Import Security & Fairness Act. Working on The Customs Business Fairness Act (CBFA) HR4816 by far is where her passion shows. She was instrumental in having the language from this bill included in the Cares Act of 2020. The provision provided customs brokers a year reprieve of being required to return any customs duty received from the importer and provided to US Customs as a pass through if the importer filed bankruptcy. While the provision did expire at the end of 2021, she has remained committed to making the CBFA permanent. Laurie is looking forward to serving in her new role as the Treasurer for the NCBFAA.

CBP To Send Known Importer Letters

CBP has announced that they will be sending “Known Importer Letters” to all importers known to have imported goods that may be subject to the Uyghur Forced Labor Prevention Act (UFLPA). These letters are being sent to encourage importers to review their supply chain and identify any potential forced labor issues within. The UFLPA “establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China” will not be allowed into the United States. CBP will be sending the Known Importer Letters before the rebuttable presumption goes into effect on June 21st. CBP is also encouraging importers to review their supply chain even if they do not receive a Known Importer Letter.  

CIT Gavel

On April 1st, the Court of International Trade issued an opinion stating that the USTR acted within its rights when implementing lists 3 and 4A of the Section 301 Tariffs. The plaintiffs in the case suggested that lists 3 and 4A violated the Trade Act and should be removed because these tariff lists were in retaliation to new Chinese tariffs on US goods, and not based in the original USTR Section 301 report.

They also suggested that the lists were unlawful because USTR did not start a new Section 301 investigation before implementation. The CIT found that the new lists were not in violation of the 1974 Trade act as alleged, but they found that the USTR did not follow the Administrative Procedure Act because they did not properly respond to the public comments on lists 3 and 4A. The case has been remanded to the Office of the USTR, allowing an opportunity for them to explain the reasoning behind the implementation of these lists. The USTR has been given until June 30th to provide this information.

US CBP Office

CBP has released their monthly statistics for March. See the trade highlights below:

  • Processed over 3.1 million entry summaries valued at over $337 billion.
  • Collected $9 billion in duties.
  • Seized 10,583 shipments that contained over $1.5 billion of counterfeit goods.

The report includes statistics on international travel, border enforcement, drug seizures, agricultural seizures, and CBP’s response to COVID 19. The report also includes links to previous reports and year-over-year comparisons. 

Helpful Tips May 2022

Ahead of the upcoming guidance on the Uyghur Forced Labor Prevention Act (UFLPA), it is strongly recommended that all importers review their supply chain to ensure that their goods are not being made with forced labor. CBP has a FAQ section for the Xinjiang Uyghur Autonomous Region that covers Withhold Release Orders, proof of admissibility, and best practices. The Due Diligence/Best Practices section has extensive resources that you can apply when reviewing your supply chain. The UFLPA will be going into effect on June 21st, so be sure to do your due diligence as soon as possible.

The US and UK have reached a new agreement to adjust the Section 232 tariffs on steel and aluminum imported form the UK

The US and UK have reached a new agreement to adjust the Section 232 tariffs on steel and aluminum imported form the UK. These changes allow the US to import a certain amount of UK steel and aluminum products without facing Section 232 tariffs. The deal also lifts tariffs placed on certain US goods exported to the UK. This agreement mandates an annual third-party audit of financial records for UK steel businesses controlled by Chinese companies to identify whether the company is being unduly influenced by the Chinese government. The tariffs will be lifted on June 1st, 2022.

On March 14th, CBP announced they are detaining all imported merchandise produced by Li-Ning Sporting Goods

On March 14th, CBP announced they are detaining all imported merchandise produced by  Li-Ning Sporting Goods, a major Chinese sporting goods company. A recent CBP investigation concluded that Li-Ning Sporting Goods is using North Korean labor in their supply chain, which violates The Countering America’s Adversaries Through Sanctions Act (CAATSA). CAATSA prohibits the entry of goods, wares, and articles mined, produced, or manufactured wholly or in part by North Korean nationals or North Korean citizens anywhere in the world, unless clear and convincing evidence is provided that such goods were not made with forced labor. All Li-Ning merchandise arriving at US ports will be detained until the importer is able to provide evidence that the goods were not made using forced labor, or else the goods may be subject to seizure and forfeiture.

The quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter.

The quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. For the calendar quarter beginning April 1, 2022, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non-corporations, and the interest rate for underpayments will be 4 percent for both corporations and non-corporations.

On March 11th, President Biden signed an executive order banning the importation of Russian seafood

On March 11th, President Biden signed an executive order banning the importation of Russian seafood* and alcohol. The order also bans exports of luxury goods to Russia and restricts any new investments in Russia’s economy by US citizens. This order is one of several orders aimed at reducing Russia’s ability to fund their invasion of Ukraine, and part of a greater global effort to prevent further escalation in this conflict.

* The OFAC General License 17a authorizes the import of Russian seafood and fish until June 23, 2022, provided the requirements in the license are met.

Arbor Day 2022

On April 29th, people all around the world will be celebrating Arbor Day, a special day where we get together to celebrate trees and plant new ones. The very first Arbor Day in the US took place in Nebraska on April 10th, 1872, which means this year we will be celebrating 150 years of planting trees! This is also the 50th anniversary of the Arbor Day Foundation, a nonprofit organization dedicated to planting trees around the world. The Arbor Day Foundation has planted and distributed 500 million trees (and counting) over the last 50 years. If you would like to contribute to making the world a little greener or get some trees to plant yourself for future generations to enjoy, please visit the Arbor Day Foundation site. All donations are tax deductible and go towards making the world better for all!

The Bureau of Industry and Security has issued additional sanctions and export controls against Russia in response to their invasion of Ukraine. These new rules are intended to severely impact Russian financial systems, disrupt their economy, and reduce their access to high-tech imports. The largest Russian banks targeted by these sanctions have been cut off from US financial systems. The ruling also places restrictions on the Russian military, preventing access to exports from the US and certain exports that utilize US-originating goods. Several Russian elites and their families have also had severe sanctions placed upon them and their US assets have been frozen. Canada, Japan, Australia, the EU, and other US allies are also placing their own sanctions against Russia in a unified effort to further damage Russia’s ability to carry out their invasion.

Please note the situation in Ukraine is changing rapidly, and this report is based on the most up to date data available at time of publishing.

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