During a meeting of the NCBFAA Customs Committee with CBP management, we learned that our ongoing effort to modernize the regulations governing customs brokers has been put on hold indefinitely by CBP. Characterized as the Part 111 rewrite, the proposals have been under review by CBP's Office of Regulations and Review (ORR) and encompass several primary topics:

The decades-old US-EU beef dispute is again firing up, following a petition filed in December by the US beef industry asking the USTR to reinstate retaliatory tariffs against a range of EU products. The USTR held a public hearing on February 15 to gather views on whether to impose tariffs and, if so, what products should be placed on the list.

Ruling H276784 (here) addressed the issue of whether a broker could pay a referral fee to a non-licensed entity. CBP Headquarters interpreted 19 CFR 111.36 to preclude the payment of a commission to an unlicensed entity. CBP reasoned that because a commission is generally a percentage of the fee paid for services, section 111.36(a), would bar the payment of commissions to unlicensed persons, as it is derived from the fees paid by clients for Customs business. In contrast, CBP opined that a different payment method, such as a flat amount paid by the broker to its agents that is not tied to any particular transaction, would not trigger the regulation.

The NCBFAA Board of Directors would like to acknowledge the following 37 new members approved at the January 21 meeting in Charlotte, NC.

ACE Portal Reminders: Disabling your Internet Browser's Pop-Up Blocker and Creating Individual User Login IDs - U.S. Customs and Border Protection would like to remind all ACE Secure Data Portal users of the need to disable your Internet browser pop-up blocker when launching the following application modules in the ACE portal:

Commerce Secretary Designate Wilbur Ross was well received by the Commerce Committee during a four-hour confirmation hearing on Wednesday. In a soft-spoken manner, the Commerce nominee gave detailed answers on a wide range of issues. "I am not anti-trade," he said, but rather, described himself as "pro-sensible trade." Access to our markets should be allowed for those countries who also play fair, he said. "We cannot allow trade that is bad for American workers and businesses," he explained. Ross named the expansion of exports as his number one objective. With regard to Canada and Mexico, the Secretary Designate said NAFTA is "logically" the first trade topic for the Trump Administration to address. "We have to solidify the relationships...in our territory before we go off to other jurisdictions," he said, calling NAFTA a "very early" priority.

John Kelly gave an impressive performance during his confirmation hearing before the Senate Homeland Security Committee, earning bipartisan praise from Committee members. Kelly was introduced by former Defense Secretary Robert Gates, who called the DHS nominee "a reliable, competent leader, capable of managing a complex, multipart operation." Kelly showed a firm grasp of the issues and was very straightforward in his responses. Committee Democrat Heidi Heitkamp (D-ND) commented that the Committee had clearly "won the lottery" of Cabinet nominees. The hearing focused on security issues, with no mention of CBP or trade-related matters. Kelly's confirmation is expected to proceed smoothly.

The Senate is moving forward quickly to confirm Trump's cabinet nominees. During the week of January 9, eight confirmation hearings are scheduled, including:

House Ways and Means Chairman Kevin Brady (R-TX) insists that the Committee's tax reform bill will eliminate the so-called "Made in America" tax (which is part of the current tax code), despite concerns from the business community about its impact. Calling it a "backwards feature of our nation's tax code," a committee document described an example of how the tax code penalizes companies who manufacture products in America:

The FMC has approved an amendment to THE Alliance Agreement to go into effect that permits establishing a contingency fund to help member carriers manage through, and recover from, the insolvency or financial distress of a participating line.

The Office of the United States Trade Representative (USTR) on Friday, Oct. 10, announced modifications to its Section 301 tariffs on foreign ships calling U.S. ports, effective Oct. 14, as well as the addition of tariffs for container-handling equipment imports.

President Trump in a Truth Social post on Friday, Oct. 10, said that his administration will impose 100% tariffs on China products, “over and above any Tariff that they are currently paying,” by Nov. 1 or sooner, citing an “extraordinary aggressive position” taken by China against the U.S. with new tariffs and increased export controls on rare earth metals.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closing monitoring the imposition of Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and proposed Section 232 tariffs for heavy-duty truck imports by Nov. 1. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

The Drug Enforcement Administration (DEA) has stepped up outreach to the trade to increase awareness of DEA import and export requirements. DEA officials recently visited several local customs broker associations to spread the word about importer and exporter requirements under the Controlled Substances Act with particular emphasis on chemicals that can be used to manufacture fentanyl.

Customs and Border Protection (CBP) during an Oct. 1 call with the trade that no refunds of any type, including drawback, ACH, etc., are part of the excepted functions currently allowed by the agency during the government shutdown since they’re tied to appropriations.

The Office of the United States Trade Representative (USTR) on Friday, Oct. 10, announced modifications to its Section 301 tariffs on foreign ships calling U.S. ports, effective Oct. 14, as well as the addition of tariffs for container-handling equipment imports.

President Trump in a Truth Social post on Friday, Oct. 10, said that his administration will impose 100% tariffs on China products, “over and above any Tariff that they are currently paying,” by Nov. 1 or sooner, citing an “extraordinary aggressive position” taken by China against the U.S. with new tariffs and increased export controls on rare earth metals.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closing monitoring the imposition of Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and proposed Section 232 tariffs for heavy-duty truck imports by Nov. 1. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

The Drug Enforcement Administration (DEA) has stepped up outreach to the trade to increase awareness of DEA import and export requirements. DEA officials recently visited several local customs broker associations to spread the word about importer and exporter requirements under the Controlled Substances Act with particular emphasis on chemicals that can be used to manufacture fentanyl.

Customs and Border Protection (CBP) during an Oct. 1 call with the trade that no refunds of any type, including drawback, ACH, etc., are part of the excepted functions currently allowed by the agency during the government shutdown since they’re tied to appropriations.

The Office of the United States Trade Representative (USTR) on Friday, Oct. 10, announced modifications to its Section 301 tariffs on foreign ships calling U.S. ports, effective Oct. 14, as well as the addition of tariffs for container-handling equipment imports.

President Trump in a Truth Social post on Friday, Oct. 10, said that his administration will impose 100% tariffs on China products, “over and above any Tariff that they are currently paying,” by Nov. 1 or sooner, citing an “extraordinary aggressive position” taken by China against the U.S. with new tariffs and increased export controls on rare earth metals.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closing monitoring the imposition of Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and proposed Section 232 tariffs for heavy-duty truck imports by Nov. 1. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

The Drug Enforcement Administration (DEA) has stepped up outreach to the trade to increase awareness of DEA import and export requirements. DEA officials recently visited several local customs broker associations to spread the word about importer and exporter requirements under the Controlled Substances Act with particular emphasis on chemicals that can be used to manufacture fentanyl.

Customs and Border Protection (CBP) during an Oct. 1 call with the trade that no refunds of any type, including drawback, ACH, etc., are part of the excepted functions currently allowed by the agency during the government shutdown since they’re tied to appropriations.