Monday Morning eBriefing

During the March 17 quarterly COAC meeting, Customs and Border Protection (CBP) Deputy Commissioner Robert Perez, with elaboration from Executive Director John Leonard, announced the formation of a 21st Century Customs Framework Task Force comprised of COAC, as well as other trade members.

Customs and Border Protection on March 17 informed the trade community that USMCA drawback claims can now be filed in the Automated Commercial Environment (ACE).

Customs and Border Protection (CBP) on March 18 disabled its current ACE Availability Dashboard to "make room for an improved dashboard" that provides real-time monitoring of the status and availability of Automated Commercial Environment (ACE) applications.

The U.S. Department of Agriculture announced that the Section 8e marketing order and import inspection requirements for onions are now suspended.

A group of more than 20 U.S. senators have asked the Federal Maritime Commission to investigate reports of vessel-operating common carriers (VOCCs) refusing to transport containerized American agricultural exports.

CBP on March 8 published a message to the trade (CSMS #46518733) highlighting changes on behalf of the U.S. Department of Agriculture's amended Mango Promotion program.

Customs and Border Protection (CBP) on March 12 added 30 days for a total of 90 days for importers and their customs brokers to correct entries subject to third country case numbers.

The Consumer Product Safety Commission (CPSC), in conjunction with CBP, will expand the rollout of Two Way Messaging to all commercial brokers on March 22. The 1USG Messaging for the first time allows two-way messaging between CPSC, CBP and the trade. Under the messaging process, CPSC will receive notification from CBP of an incoming product of interest. At the same time, the trade will receive an "UNDER REVIEW" message, signifying that CPSC is reviewing the entry.

The Office of the U.S. Trade Representative (USTR) said it will extend Section 301 tariff exclusions on certain imports from China through Sept. 30 to support the country's ongoing efforts to combat COVID-19.

The U.S Fish and Wildlife (FWS) told importers of aquarium moss balls to destroy them. On March 1, U.S. Geological Survey (USGS) scientists were alerted that zebra mussels were found attached and inside moss balls sold as aquarium plants.

Just days before the implementation date, the NCBFAA Regulatory Agencies Committee (RAC) held its final APHIS ACE webinar (see recording here) with an hour-long Q&A session with the APHIS ACE Team. Panel hosts Mike Lahar, of A.N. Deringer and RAC Chair, and Stuart Schmidt, of UPS Supply Chain Solutions and RAC Subcommittee Chair, urged customs brokers to use the vast array of resources that APHIS has assembled on its website (and which can be accessed from the NCBFAA APHIS Toolkit at ncbfaa.org).

The U.S. Court of International Trade (CIT) on March 1 issued a decision with important ramifications for any company that uses "first sale" to reduce customs duty liability for goods imported into the United States. The CIT's ruling in Meyer Corp., U.S. v. United States calls into question the continued viability of first sale for suppliers located in non-market economies.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome the following member who has recently joined our association:

During the Drawback Working Group meeting in November, CBP discussed the fact that the regulations for duty drawback would undergo some minor changes with the transition from NAFTA to USMCA. With that, the USMCA regulations will fall in 19 C.F.R. 182, and, like most other regulatory language, some tweaks will be necessary to Subpart E from 19 C.F.R. 181 to ensure that the most current language is used to harmonize this new set of regulations with what is already outlined for TFTEA in 19 C.F.R. 190.

Customs and Border Protection is expected to publish in the Federal Register its interim final rule mandating advance electronic information for international mail shipments on March 15.

COVID-19 during this past year has impacted the availability of commercial credit, canceled or reduced buyer credit insurance, and increased the need for extended payment terms for many small exporters due to the uncertain economic environment.

NCBFAA on March 10 will host an hour-long webinar (3-4 p.m. ET) during which members can ask questions about the APHIS-Core program of key APHIS Team leaders and experts.

Customs and Border Protection, (CBP) has released an updated ACE Development and Deployment Schedule on its website on March 1.

The U.S. Department of Agriculture's Agriculture Marketing Service (AMS) on March 3 held a webinar, "Electronic Filer 101 Training," aimed at customs brokers who handle fresh fruits and vegetables subject to the AMS Section 8e marketing orders.

NCBFAA members can expect Capitol Hill lawmakers and the Biden Administration to be preoccupied this year with delivering on legislation that supports transportation infrastructure development within the U.S.