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

JAS VP Compliance Elected Treasurer for NCBFAA
May 3, 2022
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.

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CBP To Send Known Importer Letters
May 3, 2022
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.  

For Further information please click here
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CIT Ruling On USTR Section 301 Lists
May 3, 2022
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.

Opinion from the US CIT
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CBP Monthly Operational Update
May 3, 2022
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. 

See the full report here
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Helpful Tips - Due Diligence
May 2, 2022
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.

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Webinars & Events - May 2022
May 2, 2022
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CBP Risk Analysis and Survey Assessment – The CBP Audit Transformation

May 10th, 2022
2:00 PM ET - 3:00 PM ET
1 CCS Credit

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Section 232 changes – UK STEEL IMPORTS
April 1, 2022
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.

Official Joint Statement
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CBP Detains Imports of Li-Ning Sporting Goods
April 1, 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.

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Interest Rate Hike
April 1, 2022
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.

Federal Register
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Executive Order to Ban Russian Alcohol and Seafood
April 1, 2022
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.

General LicenseExecutive Order
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Arbor Day
April 1, 2022
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!

Donate Here
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New Export Controls Against Russia
March 4, 2022

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.

For details on all sanctions being applied, please follow this link. Statement from the white house
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Chicago CBP Counterfeit Seizures
March 4, 2022

New data shows that Chicago CBP officers seized around $2.88 million worth of counterfeit goods during the month of January alone. One of the biggest busts in January was a shipment from Israel with over $713,000 in counterfeit jewelry. Officers say they see counterfeit goods passing through on a near daily basis, with reports showing 29 counterfeit seizures in Chicago throughout January. The fake items seized cover all manner of accessories including jewelry, watches, shoes, and handbags. Estimates show the United States spends over $100 billion every year on counterfeit goods that infringe on intellectual property laws.

See the CBP site
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Agreement Reached on Japanese Steel Imports
March 4, 2022

The U.S. and Japan have reached an agreement to adjust the Section 232 tariffs on Japanese steel imports. This new agreement sets a quota for Japanese steel, allowing for up to 1.25 million tons to be imported without any Section 232 duties imposed. This plan is similar to a resolution passed last year easing EU steel and aluminum tariffs, though this agreement only affects Japanese steel imports.  These multinational agreements are part of a larger strategy to fight China’s anti-competitive trade practices, as well as creating a greener steel trade industry.

For the full announcement and further details on the changes to section 232, please follow this link
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Civil Monetary Penalties Adjusted for Inflation
March 4, 2022

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing a final rule to adjust certain civil monetary penalties (CMP) for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. OFAC imposes CMPs pursuant to the penalty authority in five statutes: The Trading With the Enemy Act; the International Emergency Economic Powers Act ; the Antiterrorism and Effective Death Penalty Act of 1996; the Foreign Narcotics Kingpin Designation Act; and the Clean Diamond Trade Act . The new rule went into effect February 9th.

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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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Helpful Tips – AD/CVD
March 3, 2022

AD/CVD (Anti-dumping and countervailing duty) is a hot topic in the trade world these days.  Determining whether AD/CVD applies to products is imperative to understand the costs of imported goods.  Applicability of AD/CVD is typically based on the description of the item as it relates to the scope of the AD/CVD order.  HTS codes are part of AD/CVD scopes but are not the deciding factor.  

Using case numbers, The US Customs & Border Protection system for AD/CVD search AD/CVD search can provide information on specific cases including scope and other background related to individual cases.  Simply enter a case number in the search field and the results will appear.  Users can sort by date, status, type and much more.  

Find out more
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CBP 2021 Detentions
February 1, 2022

In early January, US Customs and Border Protection released their annual statistics for Fiscal Year 2021. Among the data provided was information on the ongoing efforts to protect consumers from products made using forced labor. In the last fiscal year, CBP has prevented almost $500 million worth of goods manufactured using forced labor from entering the US. Trade seizures were also up from last year, with over 83,000 shipments siezed over alleged trade violations. CBP also noted a record year in imports, collecting almost $94 billion in duties and taxes.

For the full Fiscal Year 2021 statistics, please see the CBP website
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Petition for Antidumping and Countervailing for Certain Steel Nails
February 1, 2022

The International Trade Commission (ITC) has opened an AD/CVD investigation to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, by reason of imports of steel nails, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value from India, Sri Lanka, Thailand, and Turkey and alleged to be subsidized by the Governments of India, Oman, Sri Lanka, Thailand, and Turkey. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 14, 2022. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 22, 2022.

Investigation Nos. 701-TA-673-677 and 731-TA-1580-1583 (Preliminary)

For further information on the specific nail types, details on the the affected HTS codes, and links to the investigation documents can be found here
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Public Comment Period for Uyghur Forced Labor Prevention Act
February 1, 2022

On January 24th, the Department of Homeland Security announced that they are seeking public comment on the Uyghur Forced Labor Prevention Act. These comments are intended to help shape the way the act will be implemented and enforced. Included in the notice are instructions on how to submit a comment, and a series of questions to help ensure DHS gets the information they need. The commenting period is open now and will close March 10th at midnight. For further information on the bill or details on how to submit a comment, please see the below links.

DHS.govFederal Register
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Section 321 Changes – The Import Security and Fairness Act
February 1, 2022

New legislation has been introduced to the House that aims to reduce exploitation of the Section 321 de minimis threshold. Section 321 de minimis currently allows goods from foreign countries to be imported duty-free and tax-free as long as the value of the goods is under $800. Over the past several years, the amount of packages arriving in the US under Section 321 has expanded exponentially, currently averaging over 2 million packages per day. There are major concerns that this is reducing the competitiveness of US businesses, and allows bad actors in the industry to exploit the lack of oversight on these lower-value shipments. The Import Security and Fairness Act is intended to close this loophole and provide additional oversight to the de minimis import process. The Act also will require CBP to collect information on all de minimis shipments in order to prevent further abuse of the rule, as well as ensuring de minimis is not being used to bring in goods made with forced labor.

For further information, please see the official press release
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COVID Vaccination Requirement for Land Ports of Entry
February 1, 2022

Starting January 22nd, DHS will begin enforcing a requirement for all non-US citizens traveling to the United States via land port of entry or ferry terminals to be fully vaccinated against COVID-19. This new requirement is part of a series of changes to Non-Citizen entry into the US that was created in October of last year in order to fight the ongoing spread of COVID-19.  As of January 22nd, any non-US individuals entering the US - regardless of their reasoning for entry – will need to verbally state their vaccination status and provide proof of a CDC-approved COVID-19 vaccination, along with the usual documents required to cross into the United States.

For more information about these changes, please see the press release from DHSFor additional information on travel requirements regarding COVID, please check out the CDC’s travel guide
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Import Document Retention
February 1, 2022

US importers are responsible for keeping all records related to imporations into the United States for the legal retention period.  In general records must be kept for 5 years from the date of entry, or 5 years from the date of the activity which required the creation of the record.  Failure to produce entry records upon lawful demand can result in significant consequences.  Check out CBP’s informed compliance publication on “Recordkeeping” in the link below to learn more.

Learn More
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Did you know? Valentines By The Numbers
February 1, 2022

Valentine’s Day is just around the corner! Sweep your partner off their feet with these fun Valentine’s facts.

  • In 1875, a Swiss inventor Daniel Peter combined cocoa and condensed milk to create the first Milk Chocolate, which is now the most widely consumed chocolate across the globe. The milk condensation process had been created by Henri Nestlé, who's last name may sound very familiar! These men would go on to create Nestlé, one of the largest food and confectionary companies in existence today.
  • The United States is the biggest importer of chocolate in the world! In 2020, the United States imported $2.9 billion worth of chocolate.
  • Projections for 2022 show that Americans will likely spend over $27 billion on their Valentines. This is an increase of over $5 billion compared to last year!
  • Nothing says “I Love You” like a new diamond bracelet! Lovers all across the United States spent a whopping $5.8 billion on jewelry for their significant others in 2021.  
  • Conversation Hearts (also called Sweethearts), while not exactly considered the best-tasting Valentine’s candy, have become a holiday staple since their creation in 1901 by the famous confectionary company Necco. Approximately 8 billion conversation hearts are made every year!
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Webinars & Events February 2022
February 1, 2022

First Sale Valuation and Reducing Section 301 Tariffs

February 10, 2022

2:00 PM ET- 3:00 PM ET

Sandler Travis & Rosenberg

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The Census Bureau is proposing to amend its regulations to reflect new export reporting requirements related to the country of origin.  Specially, the Census Bureau is proposing to add a conditional data element, country of origin, when foreign origin is selected in the Foreign/Domestic Origin Indicator field in the Automated Export System (AES).  In addition to the new export reporting requirement, the proposed rule would make remedial changes to the FTR to improve clarity and to correct errors.

 Written comments are requested and must be received on or before February 14, 2022.

Earlier this year, the Uyghur Forced Labor Prevention Act was introduced to the Senate. The bill includes measures to restrict certain goods imported from the Xinjiang Uyghur Autonomous Region due to alleged human rights violations and forced labor being used to manufacture exported goods. The only exceptions for imported goods from this region will be if CBP can establish proof that the goods were not made through exploitive or forced labor practices. The bill will also empower the current administration to impose and enforce sanctions against any businesses or individuals supporting any forced labor practices within the region. This bill was passed in the House on December 8th, and the Senate on December 16.  The bill was signed by the President on December 23, 2021.

On December 13th, Chris Magnus was sworn in as the Commissioner of the United States Customs and Border Protection agency.  The new Commissioner will lead the United States’ largest law enforcement agency, with nearly 65,000 people. Magnus brings with him over 40 years of experience in law enforcement leadership from across the US and has served as police chief in several cities. Magnus has stated that he wants to work together with Congress to address the most pressing issues for the CBP.

On December 23, 2021, the White House issued a proclamation to modify the Harmonized Tariff Schedule of the United States.  The White House Press Release says “Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”)…directs the United States International Trade Commission (the “Commission”) to keep the Harmonized Tariff Schedule of the United States (HTS) under continuous review and periodically recommend to the President such modifications to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set forth in that subsection.”  On December 28, 2021 the Presidential proclamation was published in the Federal Register and the new changes will be in effect 30 days later (January 27, 2022).

Flagging for reconciliation allows importers to file their entry summaries using the best available information they have on file and electronically “flag” estimated elements, with the mutual understanding that CBP will receive the actual information at a later date.  Importers can then provide the corrected information on a new type of entry called a Reconciliation.  To read more about reconciliation, check out the link below.

January is National Meat Month, and what better way to celebrate than with the perfect steak dinner! Of course, you’ll need some quality ingredients to serve your protein-rich meal, but where did all these ingredients come from? It may surprise you to find that old traditional steak dinner requires foods and goods from all over the globe to come together on your dinner plate. The package label may say ‘New York Strip Steak’ but there is a fair chance that steak was imported from Canada, Mexico, or New Zealand. Once you get the steak going, you can add some flavor by topping it with some shiitake mushrooms, fresh from South Korea! Next, you’ll want a side for the meal, so scallop some Canadian potatoes and top it with some American cheddar cheese. Of course, you’ll need some greens to balance out the meal - time to toss a salad! Take a big pile of leafy lettuce and ripe tomatoes (both imported from Mexico) and top with some fancy cheese and dressing, both Italian! Considering all the countries that had to come together to plate this one meal, maybe we should call it International Meat Month?

New Product Classifications Under HTSUS 2022

January 11, 2022

2:00 PM ET – 3:30 PM ET

Sandler Travis & Rosenberg

The US Chamber of Commerce has sent a letter to Congress encouraging Congress to take action on renewing GSP (Generalized System of Preferences) and the MTB (Miscellaneous Tariff Bill), both of which expired in December of 2020.  The Chamber pointed out the impact to US business and urged Congress urgently approve this legislation before the end of the year.

On October 1st, APHIS (USDA Animal and Plant Health Inspection Service) began implementing Phase VI of the Lacey Act enforcement scheduled. Last year, APHIS solicited comments on Phase VI and received numerous concerns that trade could be delayed or disrupted if certain products were added to HTS 4415 and required import declarations.  Phase VI now includes rules that benefit shippers by not requiring import declarations on crates, pallets, and other Wood Packaging Materials used to ship goods.  Only new products categorized under HTS 4415 will require declarations upon import.

For further details and a list of all affected products, pleasesee the official statement here  

Starting January 1, 2022 the current tariffs on imports of EU steel (25%) and aluminum (10%) will be replaced with a Tariff-Rate Quota. All steel and aluminum products within-quota will not have any Section 232 duty applied, whereas any steel or aluminum imports that arrive above-quota will be charged their respective Section 232 duty rate. The TRQ will be reviewed annually and recalculated regularly in order to keep up with demand.

Customs Audits 101: What to Expect

December 7, 2021

2:00 PM ET- 3:00 PM ET

1 CCS Credit

Sandler, Travis and Rosenberg

CBP’s website (linked below) for “Official Notice of Extension, Suspension and Liquidation” can be used to determine the status of entries.  Entries must have a status of extension, suspension, or liquidated to produce any results.  Some of the information returned includes Posted date, Liquidation date, Action (meaning change increase or no change, etc.), Port of Entry, Entry date, Entry Type, and the CEE Team designation.

Users can search by entry number along with combinations of filer code and importer of record numbers.  This can be a useful quick check tool to see the status of entries!

Mall Santas have an important question to ask themselves when picking out their jolly red attire every winter – Am I buying a Santa Costume or a Santa Suit? The answer to that question will weigh heavily on Saint Nick’s wallet! The difference is how these outfits are officially classified within the Harmonized Tariff Schedule. A cheap, lower quality costume is going to be considered a “festive article”, which is duty-free. However, a nice Santa Suit is considered clothing, sometimes categorized as “fancy dress”, which does have certain duties attached. This can hurt costume businesses hoping to import some holiday cheer. Several costume companies have petitioned the government over the years to have Santa Suits officially classified as festive articles to no avail. So, make sure your children are extra-well behaved this year when you visit Santa Claus at the mall, looking jolly can get expensive!

In the following link to CSMS message regarding U.S. goods returned, U.S. Customs and Border Protection (CBP) issued updated guidance on an importers and broker’s responsibilities for U.S. and foreign goods returning under HTS 9801.00.10.

Under HTS 9801.00.10, goods are allowed to be entered duty-free, if the importer has the required documentation to prove the goods were either:

  • Originally manufactured in the United States
  • Foreign manufactured articles previously imported, exported and are now being returned to the United States within three years of exportation, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad

In this guidance, CBP places the burden or proof on the importer to substantiate their claim for duty-free treatment under HTS 9801.00.10 with proper supporting documentation.  Customs brokers have the responsibility to advise the importer what documentation is required as part of the importer’s records.

The following are forms of proper documentation:

  • Declaration by Foreign Shipper stating goods were not advance in value or improved in condition while outside the United States.
  • Declaration by the Owner, Importer, or Consignee – when the owner or ultimate consignee is a corporation the declaration is to be signed by an officer of the company

These declarations are to be retained and provided, if requested, to CBP and ensure that the appropriate person is authorized to sign the declarations.

For U.S. manufactured goods valued over $2500 and entered three years after the date of exportation which are not clearly marked with the name and address of the original U.S. manufacturer, CBP may require, in additional to the above declarations a affidavit from the original manufacturer.  

CBP also request proof of export from the USA for U.S. manufactured goods or foreign origin goods, provided the information contained proves an export from the United States.  The following are acceptable forms of proof of export:

  • Copy of the entry into the foreign country
  • U.S. export invoice or bill of lading/airway bill or Electronic Export Information (EEI or the Automated Export System (AES) filing exemption.

On January 1st 2022, the HTS will be updated with recommendations made by the United States International Trade Commission. These recommendations have been open for comment to federal agencies and the public for the last two years in order to ensure proper classification of goods. There are 351 total amendments being made to the HTS, including new subheadings for a large range of products including electronic vaporizers, hybrid truck engines, blanched peanuts, and cultural artifacts.

On October 12, 2021, BIS reached a settlement with VTA Telecom Corporation, a California-based subsidiary of a state-owned telecom company in Vietnam. According to the settlement, VTA was found in violation of 6 regulations specified in the EAR going back to 2015. The violations include evading regulations, providing false statements to BIS, and knowingly exporting unlicensed items, some of which were intended for use in a defense program. BIS assessed a civil penalty of nearly 2 million dollars against VTA, along with additional sentencing to ensure all regulations are being followed moving forward.

On October 12, the US Trade Representative site has opened a docket for comments on the Reinstatement of Exclusions for Section 301 Tariffs. This docket is open to the public and contains links that provide guidance on how to make a comment, as well as a list of the 549 previously extended exclusions. The public docket will remain open for comments until December 1, 2021.

The US Census Bureau’s Schedule B search engine is another useful tool for getting started finding HTS codes and or Schedule B numbers.  Schedule B numbers follow a similar pattern to US HTS codes (although there’s less Schedule B numbers).  The numbering system is like the harmonized system.  

Using the Schedule B Search Engine simply requires answering a few key questions about the commodity being reviewed.  Then a potential Schedule B is displayed on the screen.  This can be useful for imports if the item being classified is not very familiar to the classifier.  

Check out the Schedule B Search engine at the link below.

Last year, NASA and ESA began an ambitious project with the intent to gather rock samples from Mars, and have those samples brought back to Earth. This multi-billion dollar project began with NASA’s launch of Perseverance, a rover designed to drill for rock samples and store them for a return trip. In order to retrieve the samples, the aerospace manufacturer Airbus has been hired to build a specialized spacecraft called the ERO, or Earth Return Orbiter – a massive structure that will cross millions of miles to Mars’ orbit. From there, it will pick up the samples stored by the Perseverance and make a return trip to Earth, resulting in what could be considered the first interplanetary cargo delivery! The ERO is expected to launch sometime in 2026. Now the real question is, what duties do NASA and ESA have to pay for several tons of Mars rock?

Earlier this year, in late March, CBP issued a finding that certain disposable gloves, were mined, produced, or manufactured in Malaysia by Top Glove Corporation Bhd with the use of convict, forced, or indentured labor, and were being, or were likely to be, imported into the United States.  Pursuant to 19 U.S.C. 1307 and CFR 12.42 (g), it is hereby determined that the articles described below are no longer being mined, produced, or manufactured wholly or in part with the use of convict, forced, or indentured labor by Top Glove in Malaysia.  

The change is the result of the cooperation of Top Glove Corporate to address issues initially cited.

The Federal Register dated September 10, 2021, proposed to amend the U.S. Customs and Border Protection (CBP) regulations to require continuing education for individual customs broker license holders (individual brokers) and to create a framework for administering this requirement. By requiring individual brokers to remain knowledgeable about recent developments in customs and related laws as well as international trade and supply chains, CBP's proposed framework would enhance professionalism and competency within the customs broker community. CBP has determined that the proposed framework would contribute to increase trade compliance and better protection of the revenue of the United States.

Comments on this change are being accepted on or before November 9, 2021.

Our very own Laurie Arnold, Vice President Compliance for JAS Forwarding USA Inc. was a guest speaker at the National Customs Brokers & Freight Forwarders Association of America, Government Affairs Conference in Washington DC on Sept 21. She spoke on the Customs Business Fairness Act HR 4816 bill that she as the NCBFAA Legislative Committee Chair has been championing to become permanent.  This bill would protect Customs Brokers from having to reach into their pocket and pay customs duties to the court for redistribution due to the 90-day claw back bankruptcy law.  The customs broker would have collected that customs duty from the importer and already paid it to US Customs. If the importer files bankruptcy the broker must pay that money back if in the 90-day period but US Customs would keep the funds already paid.

On September 20, 2021, the Department of Commerce (Commerce) published new regulations and modifications to existing regulations related to its administration and enforcement of the antidumping duty (AD) and countervailing duty (CV) laws. These regulations apply to various aspects of AD/CVD proceedings, including the deadlines for industry comments pertaining to AD/CVD petitions, new shipper reviews, scope inquiries and rulings, circumvention inquiries and determinations, covered merchandise referrals from U.S. Customs and Border Protection (CBP), certification requirements to establish whether merchandise is subject to an AD/CVD order, and importer reimbursement certifications filed with CBP.

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