As we have reported previously, based on a petition filed by several trade associations, including the NCBFAA, in FMC Docket P4-16, the FMC has initiated Fact-Finding Investigation 28, headed up by FMC Commissioner Rebecca Dye, that is charged with making recommendations to the Commission concerning unfair or unreasonable assessment of demurrage and detention.

Last week, U.S. Customs and Border Protection (CBP) announced they would be spending the $30M in funding issued through congressional appropriation for FY2018 on enhancements to the ACE platform. CBP's goals for enhancing ACE come from an active dialogue with the industry, government agencies and congressional stakeholders, as well as the Customs Commercial Operations Advisory Committee (COAC). Enhancements include:

Last week, House Speaker Paul Ryan set May 17 as the last day for the Trump Administration to submit notice to Congress of its intent to sign a new NAFTA deal in order for a vote to occur this year (due to the procedural steps that must occur prior to a congressional vote). Now that the May 17 date has passed, Speaker Ryan said there may still be "some wiggle room," though warned that time is running out for a vote in Congress this year. House Ways and Means Chairman Kevin Brady downplayed the significance of the timing for a vote in Congress, urging negotiators to "stay at the table" to reach a modernized NAFTA with high-standard rules. "I hope all countries continue working in good faith to get this done," he said, "whether that means a vote in Congress this year or next."

During its Annual Membership Meeting at the April 29-May 3 NCBFAA Annual Conference at the Westin Mission Hills Resort and Spa in Rancho Mirage, CA, the National Customs Brokers & Forwarders Association of America, Inc. (NCBFAA) announced new Officers and Board members.

Recently, several steamship lines - including MOL and Hapag-Lloyd - issued notices or tariff changes indicating, because of the shortage of drayage operators at various ports, that they would at their option elect to terminate their contractual obligations to deliver cargo. This would be their practice even though this involved "door" moves. Instead, the carriers indicated that they would treat their contractual obligations as satisfied, terminate their service at that point, and hold the NVOCC or BCO liable for any demurrage or detention arising out the carrier's inability to move the cargo out of the rail or port ramp.

NCBFAA has been working diligently with our membership, our industry's software developers and CBP on implementing the latest changes in ACE. In addition to the recent updates, ACE has been tasked with managing an ever-changing array of tariffs, PGA requirements and increasing government and trade needs. We are continually updating our ACE tracking list (link) and have put out our white paper (link) in order to further the shared goal of a fully functional ACE system of record. We have added DIS documentation issues to the list as well as updated several other items.

On April 12, U.S. Customs and Border Protection (CBP) Commissioner Kevin McAleenan appeared before the House Appropriations Committee Subcommittee on Homeland Security for CBP's FY 2019 budget hearing. While most of his written testimony dealt with immigration and border infrastructure, Commissioner McAleenan had this to say on ACE:

To help better understand the issues and problems surrounding Demurrage and Detention, FMC Commissioner Dye has requested meetings with interested persons attending the NCBFAA Annual Conference.

The NCBFAA Regulatory Agencies Committee (RAC) continues to work with the Food and Drug Administration (FDA) to gain a better understanding of the agencies regulatory and procedural data requirements under ACE. Since the implementation of FDA processing in ACE, several questions have arisen regarding data filing for items that may not have been required under ACS. Questions have arisen for illuminating articles such as items containing LED'sand fluorescent bulbs along with food contact materials. Following is the limited response we have received for guidance to the trade.

As we have previously reported, the NCBFAA was part of a coalition of parties that filed a petition with the FMC requesting that the agency issue an interpretive rule on the issue of demurrage and detention charges (in Docket No. P4-16). That petition was filed as a reaction to the excessive demurrage and detention charges assessed by the lines during periods when NVOs and BCOs have been unable to pick up from or deliver containers to the piers for reasons beyond their control. For example, the service meltdown a couple of years in LA/Long Beach and the severe weather that has struck various ports has contributed to significant congestion in the ports, often making it impossible for these containers to move during the existing free time period.

President Trump announced on Friday, Aug. 22, that his administration has initiated an investigation into furniture imports, with the possibility of imposing tariffs on these products later this year.

Customs and Border Protection (CBP) will hold its next Commercial Customs Operations Advisory Committee (COAC) quarterly meeting in Washington, D.C., from 1-5 p.m. ET on Sept. 17. The meeting will be open to the public via webinar only, the agency said.

Customs and Border Protection (CBP) on Aug. 21 updated its IEEPA Frequently Asked Questions (FAQs) to clarify the unstacking provisions. Specifically, under “IEEPA Overarching,” see the question, “What are the current unstacking provisions?”

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will continue to track the imposition of additional Section 232 tariffs on U.S. imports aluminum and steel derivatives, watch progress of the U.S. and European Union trade framework agreement announced on Aug. 21, and monitor the Canadian government’s commitment to end certain retaliatory tariffs on U.S. goods by Sept. 1.

Customs and Border Protection said recent unannounced visits at Customs Bonded Facilities (CBF) have yielded numerous cases of violations. The agency reminds CBF operators of authorities that CBP Port Directors may exercise in cases of violations.

President Trump announced on Friday, Aug. 22, that his administration has initiated an investigation into furniture imports, with the possibility of imposing tariffs on these products later this year.

Customs and Border Protection (CBP) will hold its next Commercial Customs Operations Advisory Committee (COAC) quarterly meeting in Washington, D.C., from 1-5 p.m. ET on Sept. 17. The meeting will be open to the public via webinar only, the agency said.

Customs and Border Protection (CBP) on Aug. 21 updated its IEEPA Frequently Asked Questions (FAQs) to clarify the unstacking provisions. Specifically, under “IEEPA Overarching,” see the question, “What are the current unstacking provisions?”

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will continue to track the imposition of additional Section 232 tariffs on U.S. imports aluminum and steel derivatives, watch progress of the U.S. and European Union trade framework agreement announced on Aug. 21, and monitor the Canadian government’s commitment to end certain retaliatory tariffs on U.S. goods by Sept. 1.

Customs and Border Protection said recent unannounced visits at Customs Bonded Facilities (CBF) have yielded numerous cases of violations. The agency reminds CBF operators of authorities that CBP Port Directors may exercise in cases of violations.

President Trump announced on Friday, Aug. 22, that his administration has initiated an investigation into furniture imports, with the possibility of imposing tariffs on these products later this year.

Customs and Border Protection (CBP) will hold its next Commercial Customs Operations Advisory Committee (COAC) quarterly meeting in Washington, D.C., from 1-5 p.m. ET on Sept. 17. The meeting will be open to the public via webinar only, the agency said.

Customs and Border Protection (CBP) on Aug. 21 updated its IEEPA Frequently Asked Questions (FAQs) to clarify the unstacking provisions. Specifically, under “IEEPA Overarching,” see the question, “What are the current unstacking provisions?”

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will continue to track the imposition of additional Section 232 tariffs on U.S. imports aluminum and steel derivatives, watch progress of the U.S. and European Union trade framework agreement announced on Aug. 21, and monitor the Canadian government’s commitment to end certain retaliatory tariffs on U.S. goods by Sept. 1.

Customs and Border Protection said recent unannounced visits at Customs Bonded Facilities (CBF) have yielded numerous cases of violations. The agency reminds CBF operators of authorities that CBP Port Directors may exercise in cases of violations.