May 17, 2012: The International Trade Administration has issued a final rule regarding the Department of Commerce amending regulations concerning the revocation of antidumping and countervailing duty orders. For more information please click here.
_______________________________________________________________________________
May 16, 2012: The Transportation Security Administration (TSA) announced that beginning December 3, 2012, passenger air carriers must screen 100% of their cargo on international inbound passenger aircraft for explosives. For more information please click here.
May 15, 2012: The Office of International Trade has issued interim instructions on the filing of Chile drawback claims. Effective immediately, all drawback claims involving goods exported to Chile must be submitted separately from all other types of drawback claims. The paper submission of the claim should be marked “Chile FTA” in conspicuous letters on the top of the first page. For more information click here.
April 17, 2012: The U.S.-Colombia free trade agreement will go into effect on May 15, 2012. Over 80 percent of U.S. exports of consumer and industrial products to Colombia will become duty free immediately, with remaining tariffs phased out over 10 years. For more information please click here.
April 5, 2012: CBP plans to begin testing a new document imaging system that will allow certain Automated Commercial Environment (ACE) participants to submit specified forms and supporting information to CBP electronically. For more information please click here.
March 27, 2012: The C-TPAT section of the CBP.GOV website is currently undergoing revision. It is being reorganized to make it easier to navigate and additional content is being added to the site. Content is being organized into the following categories: C-TPAT Partners, C-TPAT Program Information, C-TPAT Application Material, C-TPAT Portal, and C-TPAT News and Reports.
The link to the Portal website and Portal content have not changed. However, please note that due to the modifications being made, any pages you have bookmarked on the site will have to be re-created as the existing bookmarks will no longer be valid.
If you would like to provide comments or feedback on the new website structure, please email: industry.partnership@dhs.gov.
March 22, 2012: Court Rules on Assessment of Duties After Revocation of AD Duty Order
The Court of International Trade issued a March 21 ruling on the assessment of antidumping duties on unliquidated entries of goods subject to an AD duty order after that order is revoked. This case concerns the AD duty order on extruded rubber thread from Malaysia, which was revoked effective Oct. 1, 2003, after the Department of Commerce (DOC) determined in a changed circumstances review that the sole U.S manufacturer of domestic like product had ceased operations. Previously DOC had suspended liquidation of entries of subject merchandise covered by the 1995-1996 administrative review after the results of that review were challenged by the plaintiff.
The plaintiff had argued that revocation of the order should be retroactive to Oct. 1, 1995, to cover the unliquidated entries subject to the 1995-1996 review, and after a 2005 settlement representatives of the U.S. manufacturer expressed their support for that position. The DOC refused a subsequent request for a second changed circumstances review and the Court of Appeals for the Federal Circuit upheld that decision but noted that the plaintiff could pursue this issue by filing suit against DOC’s decision in the first review, which it did.
The CIT now rejects DOC’s argument that the AD duties determined in the final results of the 1995-1996 review must be assessed on the unliquidated entries from that period. DOC claims that the AD law (19 USC 1675) does not envision the inclusion of entries subject to completed administrative reviews within the scope of a changed circumstances review because such entries must be liquidated in accordance with the final results of the appropriate administrative review or an associated final court decision. However, the court notes, 19 USC 1675(d)(3) states that a determination to revoke an AD duty order applies to unliquidated entries, without exception for entries subject to completed administrative reviews. This provision therefore does not limit DOC’s discretion to select a revocation date that predates a completed administrative review. Given that the affected domestic industry no longer exists, the court concludes, requiring the assessment of AD duties on the unliquidated entries at issue “contravenes the remedial purpose” of the AD duty law.
March 16, 2012: Revision 1 of the Harmonized Tariff Schedule of the United States Annotated (HTSA), which became effective March 15, 2012, and includes rates and staging for the new United States-Korea Free Trade Agreement, is now available here.
March 6, 2012: Last week, President Obama signed a proclamation which will make modifications to the Harmonized Tariff Schedule (HTS). The changes will allow the U.S. to implement the U.S.-Korea Free Trade Agreement also known as KORUS. Details of the proclamation can be read here. Information on the amendments to the HTS will be available soon here.
February 24, 2012: The following freight forwarders were placed on the US Government’s Excluded Parties List on February 16, 2012 by the US Air Force; EGL Inc, BAX Global INC, Ceva Logistics LLC, CEVA LOGISTICS, LLC, Kuehne and Nagel International AG, Panalpina Welttransport Holding AG, PANALPINA, INC, Schenker AG. For more information please click here or contact this office.
February 23, 2012: U.S. Customs and Border Protection (CBP) has issued a proposed ruling that will change the In-Bond process. For more information please click here or contact this office.
February 9, 2012: Due to Presidential Proclamations, the 2012 Harmonized Tariff Schedule of the United States has had many additions and deletions. The new version went into effect on February 3, 2012. For more information please click here or contact this office.
January 5, 2012: Argentina has enacted General Resolution No. 3252 which requires importers to obtain approval prior to importing goods into Argentina. Importers will have to file affidavits with the Administración Federal de Ingresos Públicos (AFIP). The Resolution will take effect February 1, 2012. For more information please click here or contact this office.
December 28, 2011: Mexico has announced new Import Regulations. U.S. exporters will have to add additional information to their commercial invoices in order to comply. Please click here for official publication, Resolution no. 1.2.8.3.1.5, or contact this office.
December 6, 2011: U.S. Immigration & Customs Enforcement, Customs and Border Protection and Homeland Security are focusing on importers who misclassify good to avoid the correct duty amounts. In this instance Chinese honey as rice fructose. For more information please click here or contact this office.
November 11, 2011: A new and improved C-TPAT Portal will be released this weekend. Many new features have been added. For more information please click here or contact this office.
November 8, 2011: A warning by CBP for shipments originating from China has been issued in the port of Long Beach. Nuisance levels of radiation have been found. The majority of shipments are articles of metal. For more information please contact this office.
November 7, 2011: Effective November 5,2011 the Merchandise Processing Fee (MPF) was raised to 0.003464. For more information please click here or contact this office.
November 3, 2011: The Generalized System of Preferences (GSP) program has been extended through July 31, 2013. The GSP program lapsed December 31, 2010. All Duties paid on GSP-eligible merchandise that was entered for consumption from January 1, 2011 through November 4, 2011 will be refunded. For more information please click here or contact this office.
October 12, 2011: Congress passed legislation enacting free trade agreements between the US and South Korea, the US and Colombia and the US and Panama. These agreements, which have been pending Congressional approval for years, are expected to boost US exports. For more information please click here or contact this office.
October 1, 2011: Representatives from the U.S., Australia, Canada, Japan, the Republic of Korea, Morocco, New Zealand and Singapore signed the Anti-Counterfeiting Trade Agreement (ACTA) in Tokyo, Japan today. The ACTA provides framework for parties to work collaboratively to fight against intellectual property infringement, specifically global counterfeiting and piracy. For more information please click here or contact this office.
September 23, 2011: U.S. Customs and Border Protection (CBP) has requested public comment regarding proposed changes its policy on the use of transaction value for post-importation adjustments in related party transactions. Comments must be submitted on or before October 24, 2011. The proposed changes would allow CBP to consider eight factors, none of which would be determinative, when evaluating whether or not transaction value is an appropriate method of valuation for post-importation adjustments. For more information please click here or contact this office.
September 2, 2011: U.S. Customs and Border Protection (CBP) has withdrawn its proposed amendments to the country of origin rules found in 19 CFR Part 10. The proposed CBP amendment would have extended the rules of origin found in part 102 to all country of origin determinations. CBP has adopted amendments to the origin rules for those regulations applicable to pipe fittings and flanges, greeting cards, glass optical fiber, rice preparations, and certain textile and apparel products. For more information please click here or contact this office.
August 17, 2011: Effective September 30, 2011, U.S. Customs and Border Protection (CBP) will no longer mail paper courtesy notices of liquidation to importers who file entry summaries through the Automated Broker Interface. This final rule amends Title 19 Part 159 of the Code of Federal Regulations to allow CBP to provide notice of liquidation to importers through its Automated Commercial Environment. For more information please click here or contact this office.
August 11, 2011: U.S. Customs and Border Protection (CBP) released updated CBP Forms 301, Customs Bond, and 301A, Addendum to CBP Form 301. Both updated forms have an expiration date of 3/31/2014. CBP will accept forms with an expiration date of 3/31/2014 or 12/31/2010 through the 2011 calendar year. Beginning January 1, 2012, CBP will only accept forms with an expiration date of 3/31/2014. For more information and to get a copy of the updated CBP Forms please click here or contact this office.
July 28, 2011: The International Trade Commission (ITC) released The Year in Trade 2010. The ITC’s annual publication provides an overview of U.S. trade-related activities, including developments in: U.S. free trade agreements, U.S. trade preference programs, antidumping and countervailing duties, intellectual property rights, World Trade Organization (WTO) activities and U.S. international trade laws and actions. To view the complete publication please click here or contact this office.
June 29, 2011: U.S. Customs and Border Protection (CBP) released guidance regarding appropriate issuance of CBP Form 28, Request for Information and CBP Form 29, Notice of Action. CBP Form 28 shall be issued when inadequate information has been included in the entry summary packet pertaining to admissibility, appraised value or classification. CBP Form 28 shall not be used as notification that a formal investigation has begun nor to request proof of a properly executed, valid power of attorney. CBP Form 29 shall be issued for a proposed rate advance and as official notification that a formal investigation has begun. For more information please click here or contact this office.
June 24, 2011: Beginning September 22, 2011, U.S. Customs and Border Protection will no longer allow paper copy Post Entry Amendments to be filed for certain preliquidation Automated Commercial Environment (ACE) entry summaries. Importers and files will have to use the Automated Broker Interface (ABI). For more information please click here or contact this office.
June 16, 2011: The Bureau of Industry and Security, Department of Commerce issued a final rule adding a new license exception to the Export Administration Regulations (EAR). The new EAR exception allows for the export, reexport and in-country transfer of licensable items to low-risk destinations. Parties to a transaction under the new EAR exception are required to exchange assurances against diversion of items to other destinations. For more information please click here or contact this office.
June 10, 2011: U.S. Customs and Border Protection may begin enforcement of 10+2 and Importer Security Filing (ISF) liquidated damages enforcement this summer. For current information regarding 10+2 please click here or contact this office.
May 16, 2011: Mexico becomes the 71st country to join the ATA Carnet System. An ATA Carnet is an international customs document that permits commercial samples, professional equipment, goods for presentation or use at trade fairs, shows, exhibitions and the like to be temporarily imported duty-free and tax-free for up to one year. The Mexico City National Chamber of Commerce will administer ATA Carnet documentation in Mexico. For more information regarding ATA Carnets please click here or contact this office.
May 5, 2011: U.S. Customs and Border Protection (CBP) released an updated Customs Valuation Encyclopedia. The Customs Valuation Encyclopedia is a compilation of CBP decisions regarding customs valuation. For more information please click here or contact this office.
March 9, 2011: The Bureau of Industry and Security, Department of Commerce submitted a proposal to the Office of Management and Budget which would require all parties involved in export transactions and U.S. parties involved in boycott actions to maintain all records related to the transactions for five years. The record retention requirement would prevent disposal of records during the statute of limitations period for actions brought under the Export Administration Act of 1979 and preceding acts and administrative compliance proceedings. For more information please click here or contact this office.
February 26, 2011: The U.S. Department of State’s Directorate of Defense Trade Controls issued a suspension notice for all products subject to the ITAR shipping to Libya. For a complete list of Libyan sanctions please click here or contact this office.
February 25, 2011: The U.S. Department of the Treasury’s Office of Foreign Assets Controls (OFAC) imposed sanctions on the Qadhafi family and Libyan government. The sanctions block all transactions involving property or property interest to the Libyan government and specific named individuals. For a complete list of Libyan sanctions please click here or contact this office.
February 20, 2011: U.S. companies employing non-U.S. workers in visa categories H-1B, H-1B1 Chile/Singapore, L-1 and O-1A will be required to complete Part 6 of the recently revised Form I-129 (Petition for a Nonimmigrant Worker). Completion of Part 6 is required to certify compliance with the deemed export rule under the Export Administration Regulations (EAR) and the technology transfer requirements in the International Traffic in Arms Regulations (ITAR). For additional information please click here or contact this office.
February 9, 2011: The Bureau of Industry and Security issued a final rule implementing a mandatory online registration process for obtaining an account to submit export license applications and similar documents electronically through the Simplified Network Application Processing (SNAP-R) system. SNAP-R registrations must be made in accordance with this rule beginning April 11, 2011. For more information please click here or contact this office.
January 24, 2011: The U.S. Court of International Trade (CIT) issued a decision in Xerox Corp. v. U.S. The CIT rejected U.S. Customs and Border Protection’s (CBP) attempt to dismiss the case for lack of jurisdiction or justiciability and remanded the determination at issue back to CBP. This decision reflects the right to judicial review on country of origin determinations for government procurement. To view the full decision please click here or contact this office for more information.
January 21, 2011: The Bureau of Census, Department of Commerce proposed regulatory amendments to Title 15 Code of Federal Regulations, Part 30 that would require companies to apply, or reapply if currently authorized, for post-departure reporting privileges. Requirements to apply will be set out in a revised post-departure filing application which has not yet been released. The amendments also propose a reduction in filing time for post-departure filings from ten to five days. For more information please click here or contact this office.
January 14, 2011: U.S. Customs and Border Protection (CBP) issued a final rule amending certain technical protest provisions found in Title 19 of the Code of Federal Regulations, Part 174. Amendments include: authorizing the electronic transmission of a protest to CBP, alterations to provisions pertaining to reliquidation and extending the time to file/amend a protest or to file a request for accelerated disposition of a protest. For a complete list of amendments please click here or contact this office.
December 29, 2010: The U.S. International Trade Commission has released the 2011 Harmonized Tariff Schedule of the United States (HTS US). Changes have been made to Chapters 8, 9, 10, 12, 39, 44, 49, 68, 71, 72, 73, 82, 87, 94, 95, 98, and 99. To view the 2011 HTS US and Change Record please click here or contact this office for more information.
December 27, 2010: Alcatel-Lucent SA, a Paris-based supplier of fixed-line phone networks, was charged with violating anti-bribery provisions of the Foreign Corrupt Practices Act. Allegations against the company and its subsidiaries include bribery of government officials in Taiwan, Malaysia, Costa Rica and many other countries. Alcatel-Lucent has agreed to pay $137 million and subsidiaries Alcatel-Lucent France SA, Alcatel-Lucent Trade International AG and Alcatel Centroamerica SA have agreed to plead guilty to charges. In return, the Justice Department will defer prosecution and if, after three years, Alcatel-Lucent has improved compliance the case will be dropped. All alleged violations occurred prior to 2006. For more information please contact this office.
December 15, 2010: The Port of Chicago issued an informational “Pipeline” providing updated contact information for the Port of Chicago. For more information please click here or contact this office.
December 14, 2010: The Port of Chicago issued an informational “Pipeline” providing instructions regarding quarantine procedures for pest infested containers. Between November 2010 and March 2011, the Port of Chicago is unable to provide cold weather fumigation of ocean containers; therefore, infested containers must be re-exported. Requests for fumigation will only be considered if the importer can show that the services of a fumigation contractor and an approved facility for fumigation have been secured. For more information please click here or contact this office.
December 14, 2010: The Port of Chicago issued an informational “Pipeline” announcing that filers are no longer required to differentiate between paperless and non-paperless entries. Beginning December 20, 2010, Customs and Border Protection Officers in Chicago will indicate release of a shipment by an electronically generated release statement or a stamp on the entry paperwork instead of perforating entries. For more information please click here or contact this office.
November 6, 2010: Transportation Security Administration announced enhanced Security Directives and Emergency Amendments for all U.S. aircraft operators, U.S. all-cargo aircraft operators, foreign air carriers, and foreign all cargo air carriers. Additional information is required on each master airway bill for all U.S. in-bound shipments from air cargo operation at non-U.S. locations. The additional information includes a description of the goods, method of payment and account history. For more information please click here or contact this office.
November 5, 2010: The Port of Chicago issued an informational “Pipeline” clarifying the procedures used to claim a license exemption for commodities controlled under International Traffic in Arms Regulations. The publication sets forth the requirements applicable to imports and exports and any license exemptions that may apply. For more information please click here or contact this office.
November 4, 2010: The World Customs Organization (WCO) published the 2012 Harmonized Tariff Schedule amendments. The WCO made extensive revisions in Chapter 3, 24, 29, 30, 44, 48, 84 and 85. To see the 2012 revisions correlated to the last WCO revision please click here or contact this office.
October 27, 2010: U.S. Customs and Border Protection has proposed amending Title 19 of the Code of Federal Regulations to allow customs brokers to share client information with affiliated entities so that the broker’s affiliated entities my offer non-customs services to the broker’s clients. Customs brokers would only be able to share information with the client’s written consent. To view the proposed amendment please click here or contact this office for more information.
October 21, 2010: U.S. Customs and Border Protection (CBP) plans to require all advance ocean and rail shipment data to be transmitted through the Automated Commercial Environment (ACE). In an effort to prepare for this transition, CBP will begin testing the ACE system for use with advance ocean and rail shipment data transmission at the end of December 2010. CBP plans to announce the date when all advance ocean and rail shipment data must be transmitted through ACE in mid-2011. For more information or instructions on how to participate in CBP’s ACE system testing please click here or contact this office.
October 21, 2010: Earlier this month, the Government Accountability Office (GAO) issued a report on U.S. Customs and Border Protection (CBP) implementation of the Importer Security Filing (ISF) requirements and Additional Carrier Requirements, commonly known as the 10+2 rule. GAO evaluated CBP’s implementation plan, which includes the ability to withhold release or transfer or cargo, the ability to refuse to grant a permit to unlade and the ability to seize cargo if importers fail to file an ISF. The GAO also interviewed CBP Officials and trade industry representatives who commented that 10+2 compliance efforts have not resulted in measurable impacts on overall trade flow. For more information please click here or contact this office.
October 12, 2010: The Brazilian Senate issued Legislative Decree No. 563 of 2010 on August 6, 2010 adopting the Istanbul Convention, also known as the Convention on Temporary Admission. The Istanbul Convention governs the temporary admission of goods and provides for the use of carnets, or customs documents that permit duty-free and tax-free importations of commercial samples, professional equipment and goods for use at exhibitions and fairs. An organization must be designated to issue and approve carnets before importers can officially use a carnet to import into Brazil. For more information please click here or contact this office.
October 12, 2010: The European Commission has released a revised draft of proposed new rules of origin to be applied to the Generalized System of Preferences. The new revision seeks to simplify the process for determining the country of origin, relax the conditions for regional cumulation of origin and clarify the rights and obligations of operators and administrations. Approval and official publication of the new rules of origin are expected to take place in October with application beginning January 1, 2011. To view the proposed revision to the rules of origin please click here or contact this office for more information.
October 7, 2010: In the U.S. Court of International Trade’s (CIT) recent decision Lizarraga Customs Broker v. U.S., U.S. Customs and Border Protection (CBP) has conceded that customs brokers are entitled to the procedural due process protections provided by the Administrative Procedure Act (APA), 5 U.S.C. 558(c), in proceedings to deactivate a broker’s entry filer code. Prior to revocation of a broker’s entry filer code, CBP must now provide written notice to the broker of the facts or conduct warranting deactivation and provide the broker with an opportunity to demonstrate or achieve compliance with the relevant legal requirements. In Lizarraga, the CIT did not address the legal sufficiency of the APA as applied to CBP proceedings to deactivate a broker’s entry filer code. For more information please click here or contact this office.
October 5, 2010: U.S. Custom and Border Protection (CBP) has abandoned its attempt to eliminate the “first sale rule” for import valuation of goods acquired through multi-tiered sales. CBP has officially withdrawn its proposed “last sale rule” that would require import valuation to be calculated based on the last sale of the goods prior to introduction into the U.S. By permitting importers to continue using the “first sale rule,” CBP allows import valuation of multi-tiered sales to be based on the earliest sale of the item. For more information please click here or contact this office.
October 4, 2010: EGL Inc., Kühne + Nagel International AG, Geologistics International Management Limited, Panalpina World Transport Ltd., Schenker AG and BAX Global Inc. have agreed to plead guilty to several charges of conspiracy to fix fees and charges in connection with providing freight forwarding services for international air cargo shipments destined for the U.S. and pay criminal fines totaling $50.27 million. The six alleged conspiracies took place between 2002 and 2007. For more information please click here or contact this office.
October 1, 2010: In mid-September, the International Chamber of Commerce released Incoterms 2010. The revision reduces the number of terms, from 13 to 11, and introduces two new terms: Delivered at Terminal (DAT) and Delivered at Place (DAP). Incoterms 2010 also contains guidance notes, illustrative graphics and advice for use in domestic trade. For more information about Incoterms 2010 please click here or contact this office.
To speak with one of our specialists about your needs or to get more information about trade services, please contact our office.