Monday Morning eBriefing

The Commerce Department’s Bureau of Industry and Security (BIS) published on Sept. 30 an Interim Final Rule updating the Export Administration Regulations (EAR) to include an Affiliates Rule to address diversion concerns involving certain restricted parties. Under this new rule, BIS adopts the 50% rule that the Office of Foreign Assets Control (OFAC) uses for the Specially Designated Nationals and Blocked Persons List (SDN List).

A summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg.

Customs and Border Protection (CBP) said in a Sept. 26 message that when ACE air manifest filers choose to include an HTS code, it should be reported in the free-text cargo description field. If air manifest filers submit the CBP Shipment Description (CSD) to opt to provide the applicable HTS code for a manifest filing, then ACE requires filers to provide the shipment “Declared Value” and “ISO Country Code” for all shipment types.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will monitor the Trump administration’s Oct. 1 implementation of significant tariffs on imports of pharmaceuticals, furniture, and heavy truck imports, as well as ongoing Customs and Border Protection (CBP) IEEPA tariff guidance related to the U.S.-EU trade deal and replacement Chapter 99 HTSUS duty classifications on certain imports of member countries of the EU, Japan, and the United Kingdom.

Customs and Border Protection (CBP) said quarterly Internal Revenue Service (IRS) interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same from the previous quarter, effective Oct. 1.

The National Marine Fisheries Service (NMFS) on Sept. 26 issued a message to the trade to inform of an updated list of designated officials from the Government of Mexico to sign Certifications of Admissibility (COAs) for certain seafood products imported into the U.S.

The USDA Agricultural Marketing Service (AMS) issued a message to inform industry of a filing update related to pistachios. AMS monitors the aflatoxin sampling and testing of raw and blanched, shelled and inshell pistachios under HTS codes 0802.52.0000 and 0802.51.0000. These products must be filed under the MO5 message set.

Customs and Border Protection (CBP) said it has extended the Document Image System (DIS) for filing the outbound cargo declaration until Dec. 1, calling it the “final extension” to provide carriers, NVOCCs, and vessel agents time to transition to the EEM pilot.

The Food and Drug Administration (FDA) Supplemental Guide (SG) draft version 2.6 on Sept. 25 was posted in the "Draft Chapters: Future Capabilities" section of CBP.gov. Customs brokers are recommended to review the change log in the document for the specific changes, the agency said.

Most Food and Drug Administration (FDA) staff involved in import processing will continue to work during a government shutdown, although the agency will not be at full capacity. As with past shutdowns, slowdowns and delays can be expected. The NCBFAA Regulatory Agencies Committee (RAC) has compiled a list of tips for customs broker members to navigate FDA's National Entry Review (NER).

NCBFAA Transportation and Logistics Counsel Venable LLP has provided an important and insightful update regarding fees on Chinese owned or operated vessels, as implemented by the Office of the U.S. Trade Representative (USTR) under Section 301 of the Trade Act of 1974.

NCBFAA on Sept. 24 urged U.S. Government agencies to take steps to safeguard import and export processing in the event of a government shutdown, starting Oct. 1. In letters to the heads of the leading agencies involved in import and export processing, NCBFAA emphasized the vital role each of these agencies play in maintaining safe, efficient trade supply chains that support American consumers, manufacturers, and agriculture.

Interested parties from the trade are invited to submit written comments, data, analyses, or other information pertinent to these two Section 232 investigations to the BIS Office of Strategic Industries and Economic Security by Oct. 17.

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled Sept. 25 that the Office of the U.S. Trade Representative (USTR) did not violate the Administrative Procedure Act (APA) rulemaking requirements and adequately responded to significant public comments expressing concern regarding modifications to Lists 3 and 4A tariffs of Section 301 for China products.

A summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome Logistics Worldwide USA, which has recently joined our association. We're so excited to have this firm join our organization and we are happy to assist in any way we can!

A summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg.

Customs and Border Protection (CBP) is soliciting applications to operate a Centralized Examination Station (CES) for Miami International Airport. Application must be received by the agency no later than 5 p.m. ET on Nov. 23.

Customs and Border Protection (CBP) on Sept. 22 provided updated guidance as it relates the July 30 Executive Order 14324, “Suspending Duty-Free De Minimis Treatment for All Countries,” which took effect on Aug. 29. The EO said de minimis duty-free treatment under 19 U.S.C. § 1321(a)(2)(C) will no longer be available for shipments entering into the U.S. not covered by 50 U.S.C. § 1702(b), including those entering through international mail.

Customs and Border Protection (CBP) recently released an enhancement in the ACE Certification (CERT) environment to increase the maximum number of entry summaries on a statement from 2,000 to 9,999. CBP plans to deploy this enhancement in the ACE Production (PROD) environment on Oct. 7.