In a recent Federal Register notice, the Environmental Protection Agency (EPA) is proposing the prohibition of the manufacture, importation, processing, or distribution in commerce of Trichloroethylene (TCE). TCE is widely used as a solvent in a variety of industrial, commercial and consumer applications including for hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, greases, adhesives, and sealants. In the proposed rule, EPA lists numerous and diverse industries that would be affected by this proposal. Comments on the proposal are due by December 15, 2023. Importers of products containing TCE should review this proposal and submit any comments deemed necessary.

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The annual eligibility review for the African Growth and Opportunity Act (AGOA), in accordance with Section 506A(a)(3)(B) of the Trade Act of 1974, has resulted in the termination of eligibility for the Central African Republic, Gabon, Niger, and Uganda. The White House and the Office of the United States Trade Representative announced that recent unconstitutional changes in government in Gabon and Niger, and the resultant threat to political pluralism and the rule of law, led to their termination. The termination of the eligibility of the Central African Republic and Uganda was a result of gross violations of internationally recognized human and worker rights. On a positive note, the country of Mauritania had its eligibility reinstated based on progress it has made with respect to worker rights and eliminating forced labor across the country. Ethiopia, however, did not have its eligibility reinstated at this time. Recently, there have been a lot of discussions in Congress about the need to renew AGOA well in advance of its current September 2025 expiration date, to ensure the continuity of the program and encourage long term investment in the region.

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Customs and Border Protection (CBP) published a new guide entitled “TIPS FOR FILING AN HFC IMPORT IN ACE” to assist the import community with filing obligations related to imports of bulk hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act. The Environmental Protection Agency (EPA) also announced in November that allocations for the import of HFC’s will be reduced to 60% of the stipulated baseline levels in January 2024. Importers of HFCs should consult this new guide as filing requirements for HFC’s can be complicated. CBP will advise in early January via the Cargo Systems Messaging Service (CSMS) when the new requirements will be operative in ACE.

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The protracted quest of Mr. Byungmin Chae to have his 2018 Customs Broker License Examination results changed to a passing grade came to an end when the Supreme Court denied his petition for a writ of certiorari in October. Mr. Chae’s case, if nothing else, proved he possesses ample persistence and determination. The court filing states that his original score on the April 2018 exam was 65%, with 75% or higher being needed for a passing grade. He filed a timely appeal to Customs and Border Protection (CBP) requesting that his answers to 13 of the questions originally marked wrong be deemed correct. Subsequent to his appeal, CBP announced that all test takers would be given credit for 3 particular questions, 2 of which Mr. Chae had been marked wrong on originally. This raised his score to 67.5%. CBP then denied his appeal request for the other 11 questions. Mr. Chae then appealed this decision to the Office of Trade. The Office of Trade granted his appeal for 3 of the questions, raising his score to 71.25%, but still short of a passing grade. Undaunted, Mr. Chae proceeded to file a petition with the Court of International Trade (CIT) as allowed by the regulations.

The CIT gave him credit for one more of the contested questions, raising his total of correct answers to 58 of the 60 he would need for a passing grade. Still undaunted, Mr. Chae filed an appeal of the CIT decision to the Court of Appeals for the Federal Circuit asking for 3 questions to be further reviewed. The Appeals Court gave him credit for one of the questions, raising his correct answer total to 59 of the 60 needed. However, the Supreme Court denial of his certiorari request ended the appeals process, terminating his case and giving new meaning to the phrase “so close, yet so far…”.

A rule proposed December 28, 2022, by the National Marine Fisheries Service (NMFS) to significantly expand the species covered under the Seafood Import Monitoring Program (SIMP) was withdrawn on November 16. The additional species to be added to the SIMP, along with a change stating that the importer of record on the customs filing must also be the party that holds the required  International Fisheries Trade Permit, had caused concern in the trade community leading to a significant number of comments being filed with NMFS concerning the proposed rule. The NMFS advised that they will now conduct a comprehensive SIMP review to determine any future action to be taken in order to strengthen the impact and effectiveness of SIMP.

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In a recent Cargo Systems Messaging Service message, CBP provided a list of the countries that are members of the European Union and who, therefore, use the Euro as their domestic and international trade currency. It was further stated, “Therefore, all invoices, other documents, and entry transmissions from these countries must show EUR for the foreign value or as their currency code”. CBP is updating its records to reflect the Euro as the appropriate currency for all countries listed.

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Customs and Border Protection (CBP) will hold an important webinar on December 15, 2023, from 2PM to 3PM on the topic of the 2024 Permit Annual User Fee and Triennial Status Report Filing. The webinar will explain the process for paying the Permit fee and filing a Triennial Status Report via the e.CBP online portal. A link to register for the webinar is below.

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Christmas crackers are a festive holiday tradition in the United Kingdom, Australia, Canada, New Zealand and South Africa. They consist of a decoratively wrapped tube with a prize, a paper hat and a joke card inside. The wrapping on the tube is extended outwards on both sides and twisted around a shock sensitive card strip similar to what is used for cap gun shot caps. A person at each end will then pull on the wrapping simultaneously, generating a bang or cracking sound and causing the tube to open and reveal the prizes. It is believed that Christmas Crackers were invented in London around 1847 by a confectioner named Tom Smith who was looking for a way to repackage the candies he sold to increase sales. The hats and prizes were added by his son Walter Smith to further increase sales as other competitors began selling crackers as well. If you are planning on visiting the United Kingdom and are thinking of bringing back any Christmas Crackers, kindly note that the Transportation Security Administration does not allow crackers in carry-on bags or checked luggage on flights to the U.S.

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