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When U.S. Customs and Border Protection (CBP) officers seized 48 counterfeit Cartier Love Bracelets on Monday at the Port of Philadelphia, they proved that true love isn't as cheap as some may hope.
CBP officers selected a shipment manifested as bracelets from Hong Kong. When the shipment was inspected for possible counterfeit merchandise, the officers found 31 Cartier Rose and Yellow Gold Bracelets and 17 Cartier White Gold Bracelets, all diamond paved. Due to the poor packaging and quality of the items, CBP officers detained the shipment for further evaluation.
The United States filed a civil complaint to forfeit thousands of ancient clay artifacts that were illegally imported by a large U.S. importer. The imported packages that were shipped falsely described the merchandise as tile samples. As a result, the government filed a stipulation in the settlement forfeiting the artifacts, a $3 million penalty, and an agreement to adopt internal policies and procedures governing the importation process. Part of the settlement was to also hire outside customs counsel, customs brokers, and to submit quarterly reports to the government on any cultural property acquisitions for the next eighteen months.
Read more about the settlement
The Government of Canada announced the final details of its surtax that is effective as of July 1, 2018. This is in response to the United States imposing a 25% tariff on imports of certain steel products, and a 10% tariff on imports of certain aluminum products, from Canada (US tariffs).
On June 22, the European Union (EU) has implemented charging import duties of 25% on a range of U.S. products. The list of products includes home appliances, motor vehicles, household articles, apparel and footwear, textiles and fabrics, whisky, tobacco products and more.
The Office of the United States Trade Representative (USTR) released a list of products imported from China that will be subject to additional tariffs as part of the U.S. response to China's unfair trade practices related to the forced transfer of American technology and intellectual property. The list of products issues today covers 1102 U.S. Tariff lines at approximately $50 billion in 2018 trade values.
NEW RULE - China Customs Advanced Manifest Regulations (CCAM)
China Customs has released Order No. 56 to adjust the advanced manifest regulations for cargo imported into, exported from, or cargo transshipped via China effective June 1st.
The purpose of this regulation is to ensure that data is complete, accurate, and effective in the implementation of the security access and risk control mechanism.
The required data elements to be submitted via an advanced submission of the manifest to China Customs electronically 24 hours prior to loading for sea freight and 4 hours prior to departure for airfreight.
The Department of Commerce has self-initiated an investigation under section 232 of the Trade Expansion Act of 1962.
From the article:
"The investigation will determine whether imports of automobiles, including SUVs, vans and light trucks, and automotive parts into the United States threaten to impair the national security as defined in Section 232," stated an article by the Department of Commerce. "This investigation will consider whether the decline of domestic automobile and automotive parts production threatens to weaken the internal economy of the United States, including by potentially reducing research, development, and jobs for skilled workers in connected vehicle systems, autonomous vehicles, fuel cells, electric motors and storage, advanced manufacturing processes, and other cutting-edge technologies."
On May 8, 2018, the President announced his decision to cease the United States’ participation in the Joint Comprehensive Plan of Action (JCPOA), and to begin re-imposing the U.S. nuclear-related sanctions that were lifted to effectuate the JCPOA sanctions relief. In conjunction with this announcement, the President issued a National Security Presidential Memorandum (NSPM), directing the Secretary of State and the Secretary of the Treasury to prepare immediately for the re-imposition of all of the U.S. sanctions lifted or waived in connection with the JCPOA, to be accomplished as expeditiously as possible and in no case later than 180 days from the date of the NSPM.
The Bureau of Industry and Security has issued a new proposed rule for firearms, assault weapons, combat shotguns and more on the U.S. Munitions List that would be controlled under the Commerce Control List. The State Department’s Directorate of Defense Trade Controls has proposed to revise the USML categories I, II and III to describe more precisely those types of articles that warrant control on the USML List. BIS indicates that these rules aim to help the global marketplace become more competitive for U.S. Companies.
In a Presidential Proclamation released on April 30, the White House extended an exemption that imposed additional tariffs on steel and aluminum imports into the U.S. for several countries until June 1. On June 1, 2018, all countries of origin except Argentina, Australia, Brazil, and South Korea (exempt for steel only) will be subject to the additional duties of 25% on articles of steel and an additional 10% on articles of aluminum for goods entered or withdrawn from a warehouse for consumption.
A petition was filed on April 17 that certain quartz surface products are being sold for less than fair value in the U.S. market and may be subject to anti-dumping and countervailing. The alleged dumping margins have an average of 455% that reveals that the China prices are far less than companies producing quartz surface products in market economy.
From the original article:
"The petitions will be investigated by the U.S. Department of Commerce and U.S. International Trade Commission. If both agencies make affirmative determinations, preliminary relief from Chinese imports could be imposed in September 2018, with final duties imposed in June 2019."
As of Monday March 20, 2018 JAS Forwarding (USA) is now assisting CBP and TSA on its initiative to provide enhanced security for air cargo coming into the United States. The Air Cargo Advanced Screening (ACAS) initiative was created by U.S. Customs and Border Protection (CBP) to gather data concerning the parties and commodities involved in air cargo prior to its loading on an aircraft at a foreign port. The initiative is currently in the pilot phase allowing CBP to collaborate with the air cargo industry to determine the most effective means of achieving the desired regulatory results without affecting the speed of air cargo operations.
Effective January 10, 2018, U.S. exporters to Israel are no longer required to provide Israeli authorities a hard copy Certificate of Origin (commonly referred to as the “Green Form” or “Form A”). Instead, U.S. exporters are required to include a signed declaration on the invoice, delivery note, or on any other commercial document for export shipments.
In early March, the White House signed an order that imposes additional tariffs on steel and aluminum imports from all foreign countries with several countries exempt until April 30th. The stated reason supporting these safeguards is the “failure of countries to agree on measures to reduce global excess capacity and the continued high level of imports since the beginning of the year.”
In the case of steel, “steel articles” are subject to an additional 25% duty and in the case of aluminum, “aluminum articles” are subject to an additional 10% duty effective March 23, 2018. This is effective as of 12:01 am, eastern daylight time on March 23, 2018 for goods entered or withdrawn from a warehouse for consumption.
An amendment was made on March 23rd exempting several countries from the additional steel and aluminum tariffs through April 30th.
On March 22, 2018 the omnibus spending bill was passed in the House and Senate that includes provisions to renew the Generalized System of Preferences. The bill has also been signed by the President and will be back in effect by April 23, 2018. As part of the Omnibus spending bill, Congress has approved a three year extension of the GSP program (until December 31, 2020). The extension retroactively authorizes GSP claims back to January 1, 2018.
CBP announced on February 24, 2018 that the last big step in automating the import and export process within the Automated Commercial Environment (ACE) has been completed. "This is a monumental milestone for CBP—over 15 years in the making—an electronic system that streamlines and automates all phases of cargo processing, including pre-arrival, arrival, post release, exports, and partner government agency (PGA) integration into what we call a 'single window,'" stated an article by U.S. Customs and Border Protection.
ACE is and has been one of the most intricate and elaborate IT projects ever managed by the federal government. "CBP personnel developed over 5.3 million lines of code, automated 269 forms, input the regulations of more than 47 PGAs and added hundreds of thousands of users," stated CBP. Getting ACE implemented was not an easy feat for the customs brokers, but they pushed through and are proud of their accomplishment.
U.S. Customs and Border Protection (CBP) continues making progress in the implementation of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) on the Act’s two year anniversary. TFTEA updates and strengthens how CBP works and accomplishes its trade mission. The goal of the Act is to support CBP's efforts in ensuring a fair and competitive trade environment for American people and businesses.
From the CBP article:
"CBP has used the additional authorities provided under TFTEA to prohibit the entry of goods made by forced labor, including forced child labor, into the United States and also established a Forced Labor Division within the Office of Trade. CBP seized more than 10,000 cartons of frozen squid, valued at more than $200,000, in November 2017 that was processed with North Korean forced labor. To date, CBP, in collaboration with its inter-agency partners, including the Department of Labor, which compiles lists of goods that are likely produced by forced labor, has detained 57 shipments of goods, valued at $6.3 million that are suspected of involving forced labor."
The Environment Protection Agency (EPA) has released a pre-publication of its proposed rule to establish user fees for the administration of the Toxic Substances Control Act (TSCA). In the rule, EPA proposes fees and categories for fiscal years 2019, 2020 and 2021. Companies that may be impacted by the user fee rule including manufacturers and importers should carefully review the proposal and submit comments to EPA. EPA is accepting comments until April 27, 2018.
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"The Transportation Security Administration (TSA) set another screening record during the 2017 holiday travel period, December 15 through January 2, 2018, with more than 42 million (42,043,588) passengers and more than 30.6 million (30,611,408) checked bags screened nationwide," stated an article by the TSA. December 22, the Friday before Christmas, had more than 2.5 million passengers and crew members screened. "It was the 11th busiest day in TSA’s history," TSA stated.
"On an average travel day, TSA screens approximately 2.1 million passengers and crew," stated the article by the TSA, "In the busiest days during the holiday travel period, TSA screened as many as 400,000 more passengers per day than usual."
Importers: If you can't answer these 12 questions on forced labor, you're in trouble! Did you know that import cargo that has been made with forced labor can be seized by CBP? An estimated 40.3 million people were living in modern slavery at any moment in time in 2016. This amounts to 5.4 victims of modern slavery for every thousand people in the world. Seventy three per cent of the victims of forced labor were female, and one in four victims were children. Forced labor accounted for 24.9 million people, while 15.4 million were in forced marriage.
Basic question: Have you taken reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child labor)? Click the following link (http://diaztradelaw.com/importers-cant-answer-12-questions-forced-labor-youre-trouble/ ) to find out what you can do to ensure imported goods are not produced by forced labor.
Article written and published by Jennifer Diaz of Diaz Trade Law.
"Canada has requested WTO consultations with the United States concerning certain laws, regulations and other measures maintained by the US with respect to anti-dumping and countervailing duty proceedings," stated an article by the World Trade Organization. The request was circulated to World Trade Organization members on January 10, 2018.
The 32-page complaint discussed technical details of the U.S. trade rulebook, ranging from the U.S. treatment of export controls to the use of retroactive duties and split decisions by the six-member U.S. International Trade Commission.
U.S. Customs and Border Protection (CBP) announced the submission span for the 2018 Customs Broker Triennial Status Report and fee for all licensed customs brokers will open on December 15, 2017. Every licensed broker is required to file a Status Report with CBP every three years.
This year, CBP is encouraging all brokers to submit the report electronically via Pay.gov. Pay.gov is the fastest and most convenient way to make secure electronic payments to Federal Government Agencies. Pay.gov accepts credit card, debit card and digital wallet (i.e. PayPal and Amazon Pay) payments with no additional fees for any payments. All receipts are provided electronically.
Read more here.
On Thursday, December 21, McAllen customs agents near Mission, Texas encountered a female Honduran national in distress. The woman was going into labor. While coordinating with a Border Patrol Emergency Medical Technician over the radio, agents were able to deliver the child. The mother and child were transported to the local hospital. The mother and child remain in stable condition.
Read More On the Border Delivery
Effective December 2017, the JAS Charleston branch has been approved by U.S. Customs and Border Protection (CBP) as a Foreign Trade Zone (FTZ)! This is the first FTZ within JAS! Foreign Trade Zones are secure areas under Customs and Border Protection supervision that are generally considered outside of CBP territory upon activation. Foreign and domestic merchandise may be moved into the zones for operation, not otherwise prohibited by law including storage, exhibition, assembly, manufacturing and processing. Under zone procedures, the usual formal CBP entry procedures and payments of duties are not required on the foreign merchandise unless and until it enters CBP territory for domestic consumption. For more information on the JAS FTZ, please contact your local JAS Representative!
The 2015 GSP reauthorization (H.R. 1295) is now expired. The expiration date was December 31, 2017. JAS will continue to indicate GSP on all eligible entries after expiration in preparation for a retroactive renewal.
The last 30 days have brought many updates to Section 301 duties, exclusions and more. The action all started on May 14, 2024, when the USTR announced that further action would be taken against China’s unfair technology transfer policies and practices. It was announced that key products would be subject to new rates over the next two years.
May 22, 2024, there was a follow up to the May 14 announcement which further defined that 382 HTSUS subheadings and 5 statistical reporting numbers of the HTSUS are the specific products that will have the increases in 2024, 2025 and 2026. This notice also noted that an exclusion process is being established for machinery used in domestic manufacturing and under certain subheadings under chapters 84 and 85 of the HTSUS. Finally, this notice proposes 19 temporary exclusions for solar manufacturing equipment.
Finally, on May 24, 2024, the USTR published details about the disposition of the existing Section 301 exclusions 9903.88.67 and 9903.88.68 which have been scheduled to expire on May 31, 2024. In summary, all exclusions under 9903.88.67 and 9903.88.68 have been extended to July 14, 2024. On July 15, 2024, a new exclusion will be effective. The new exclusion, under 9903.88.69 will cover 87 of the original 352 exclusions under 9903.88.67.
For more details, check out our 3 Client advisories released during May linked below.
CBP publishes numerous Informed Compliance Publications. These documents can be extremely useful in answering detailed questions about the application of CBP rules/laws on a wide range of topics. Some of the topics covered include Valuation, classification of sets, classification of specific product types, drawback, reasonable care, recordkeeping, rules of origin and the list goes on. These documents are publicly available and can be viewed online or downloaded. To check them out, follow the link below!
The U.S. Commerce Department’s Bureau of Industry and Security (BIS) has updated the process for excluding certain steel and aluminum imports from tariffs, effective July 1, 2024. This revision removes twelve General Approved Exclusions (GAEs), aiming to strengthen domestic steel and aluminum production and reduce reliance on foreign manufacturing. The changes follow public feedback and are intended to ensure fairness and transparency in the exclusions process while upholding national security interests. BIS has been overseeing this process since tariffs were imposed in 2018, and these adjustments reflect ongoing efforts to refine controls and support U.S. industrial base.
In December, 2023, FDA issued guidance for Industry regarding the registration and listing of Cosmetic Product Facilities and Products. The publication lists product categories and provides a Q&A section with answers to specific cosmetic product questions. The deadline is July 1, 2024. For more info and links, check out our most recent client advisory linked below:
Insect Repellent is regulated by EPA and FDA for importations and classified in chapter 3808 of the HTS book. It can be imported as a cream, spray and other methods such as bracelets. Some repellents can be applied directly to the skin and other methods can be applied directly to the clothing.
Here are a few ways to reduce your exposure to mosquitoes this summer:
A multinational organization based in Bangkok, Thailand, has agreed to pay $20,000,000 to settle potential civil liability for 467 apparent violations of OFAC sanctions on Iran. Between 2017 and 2018, the company facilitated $291 million in wire transfers through U.S. financial institutions for the sale of Iranian-origin high-density polyethylene resin (HDPE), manufactured by a joint venture involving the parent company in Iran. HDPE is a robust resin used in various plastic products such as food and beverage containers, shampoo bottles, and industrial items. Concurrently, the company initiated U.S. dollar wire transfer transactions to settle the joint venture’s debts to third-party vendors.
BIS has released the newest iteration of their guidance on export enforcement. The “Don’t Let This Happen to You” guidance document is dated March 2024 and is 76 pages of important guidance for the export community. The opening letter states “Export controls have never been more important to our collective security interests than they are today.” Follow the link below to check out more details!
The U.S. Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) against work gloves manufactured in a Chinese company and its subsidiaries, based on evidence suggesting the use of convict labor. This action is part of the U.S. government's efforts to combat forced labor globally. With nearly 28 million workers suffering under such conditions worldwide, WROs are a means to deter companies from exploiting labor and to protect vulnerable populations. By enforcing laws prohibiting the importation of goods produced by forced labor, CBP aims to safeguard American workers, businesses, and consumers. Currently overseeing and enforcing numerous WROs and Findings, CBP emphasizes its commitment to eliminating forced labor from U.S. supply chains and encourages reporting of suspected violations.
JAS Forwarding (USA) Inc. VP Compliance Laurie Arnold (Secretary NCBFAA) and Leah Ellis, Compliance Manager (NCBFAA Legislative Chair) attended the NCBFAA annual conference in Ft Lauderdale in April.
The National Customs Brokers & Forwarders Association of America (NCBFAA) headquartered in Washington, DC metro area, represents many companies in international trade, including the nations’ leading freight forwarders, customs brokers, ocean transportation intermediaries (OTIs), NVOCCs and air cargo agents. NCBFAA is at the forefront of trade related topics in Washington DC and around the United States. The NCBFAA members handle 97% of the entries for goods imported into the United States. Further, members operating as OTIs are involved with approximately 80-85% of all exports from the United States.
Laurie Arnold has served as the Treasurer for the NCBFAA and was recently elected as the new Secretary of the NCBFAA. Seen on the far left in this photo, Laurie is contributing on a panel discussing “Liquidated damages, penalties, and other CBP fan mail.” Also on the panel was US Customs FP&F Director Lisa Santana Fox. She discussed the new Customs portal for mitigation request submissions. Laurie helped facilitate constructive discussion with the membership on the process and timelines of mitigation requests.
Leah Ellis serves as the NCBFAA Legislative Committee Chair. In this capacity, Leah works closely with the legislative committee advisor for the NCBFAA. The NCBFAA Legislative Committee works with legislators in Washington to advance positions of the trade community. Seen on the left in this photo, Leah was discussing Generalized System of Preferences (GSP) bill HR4986 and the end China de minimis bill HR7979. The panel also discussed and answered questions pertaining to the passing and signing of the Customs Business Fairness Act.
JAS Forwarding (USA) Inc.’s Compliance Project Manager, Scott Cassell, spent some time in Texas in the month of April facilitating Incoterms training on behalf of clients. Scott was also invited to speak at the ATX Trade Compliance Round Table Luncheon in Austin, TX. The event was attended by numerous trade professionals from Austin and the surrounding area.
Pictured in the photo from left toright are Scott Cassell, Antonio Pastrana (JASBM-Laredo), Lindsay Gambee (JASRegional Sales Dir SW), Helga Acosta (JAS BDM-HGC), Ernest Osei (JASBM-Dallas), and Curtis Corley (JAS BDM-DAL).
In recent years, gardening has blossomed into a global phenomenon, not merely as a pastime but as a vital component of sustainable living and environmental stewardship. As more people recognize the benefits of cultivating their own green spaces, the gardening industry has witnessed significant growth, reflecting in both domestic practices and international trade.
The United States, with its diverse climate and rich agricultural heritage, plays a pivotal role in the global gardening market. Examining import and export data reveals intriguing insights into the dynamics of this flourishing industry.
Imports:
The importation of gardening-related products reflects the diverse interests and needs of American gardeners. From exotic plants to specialized tools, the U.S. imports a wide array of goods to cater to the demands of enthusiasts.
Exports:
Conversely, the United States also contributes to the global gardening market through its exports, showcasing its expertise and innovation in horticulture.
The Green Economy:
The gardening trade exemplifies the growing importance of the green economy. Beyond economic transactions, it fosters environmental awareness, promotes sustainable practices, and fosters community engagement.
As the world grapples with environmental challenges, gardening emerges as a grassroots solution, empowering individuals to connect with nature and cultivate greener, healthier lifestyles.
JAS Forwarding (USA) Inc.’s VP Compliance, Laurie Arnold and Compliance Operations Manager and NCBFAA Legislative Committee Chair, Leah Ellis, has diligently championed to help pass the Customs Business Fairness Act (CBFA) for many years alongside the National Customs Brokers & Freight Forwarders Association of America (NCBFAA). In a significant victory for Customs Brokers the bill was included in a continuing resolution bill that passed both the House and Senate. The CBFA has finally come to fruition. “The CBFA bill has been a long-standing passion of mine to help prevent Customs Brokers from having to return customs duties when an importer has filed bankruptcy and at long last (20 years) this bill has passed and signed into law and I am very happy to have been a part of the march to protect the Customs Brokers of our industry,” said Laurie Arnold when asked for her reaction on the passing of CBFA.
The CBFA, a long-standing initiative of the NCBFAA, aims to protect customs brokers and their employees by advocating for changes in bankruptcy laws. The bill seeks to grant "subrogation" rights to customs brokers, allowing them to assume the priority rights of U.S. Customs and Border Protection (CBP) when importers file for bankruptcy. This would prevent payments made to CBP through customs brokers from being subject to preference payment recovery actions during the 90-day period preceding the importer's bankruptcy filing.
NCBFAA President Jose D. (JD) Gonzalez lauded the passage of CBFA, emphasizing its importance to the customs broker industry. He credited the dedicated efforts of the association's Legislative Committee leadership, Legislative Advisor Nicole Bivens Collinson, and member companies for lobbying lawmakers and pushing for the bill's passage.
Special recognition was extended to Rep. Andrew Garbarino (R-NY) for his role in championing CBFA in the House of Representatives. Garbarino reintroduced the bill at the association's request in 2023, garnering bipartisan support with 28 co-sponsors. NCBFAA expressed gratitude to its members for their engagement in advocacy efforts, including letter-writing campaigns urging Representatives to support the bill.
NCBFAA also acknowledged the contributions of individuals and organizations who worked tirelessly over the past two decades to advance CBFA. Past and current leaders of the association's Legislative Committee, along with former NCBFAA Legislative Representative Jon Kent, were recognized for their efforts. Additionally, the longstanding lobbying efforts of organizations such as the New York/New Jersey Foreign Freight Forwarders & Brokers Association, JFK Airport Customs Brokers and Forwarders Association, and International Trade Surety Association were highlighted as instrumental in the bill's progress.
In a recent enforcement action at International Falls, Minnesota, U.S. Customs and Border Protection (CBP) officers intercepted over 7,800 lighting fixtures bearing counterfeit Underwriters Laboratories (UL) certification marks. These fixtures, as part of shipments from China and imported by a U.S. home design company, were deemed unsafe after inspection, raising concerns about potential fire hazards.
The seized lighting fixtures, among the cargo transiting from Canada into the United States, were inspected by CBP officers at International Falls, the busiest rail port in the country. Upon discovering the counterfeit UL certification marks, which falsely implied safety testing, CBP seized the shipments and initiated enforcement actions.
DeAnn O’Hara, CBP’s Fines, Penalties, and Forfeitures Officer for the area port of Pembina, North Dakota, highlighted the seriousness of the issue. "When U.S. consumers purchase a lighting fixture with a UL trademark on it, they are under the impression that the lighting fixture has been tested for safety. When Chinese manufacturers fraudulently place a UL trademark on untested fixtures, they are tricking consumers into buying a product that may not be safe and could start a fire in their homes," she explained.
CBP imposed fines totaling $100,000 on the shipments, in addition to seizing and destroying the lighting fixtures. This enforcement action underscores CBP's commitment to protecting the American public from unsafe and counterfeit products.
The seized lighting fixtures represent just one facet of CBP's broader efforts to safeguard public safety and enforce trade regulations. Beyond intercepting unsafe goods, CBP's Fines, Penalties, and Forfeitures Division (FP&F) plays a crucial role in adjudicating enforcement actions, ensuring compliance with laws, and facilitating the forfeiture process for seized items.
FP&F, comprised of a team of officers, paralegals, seized property specialists, and technicians nationwide, handles a wide range of cases, from drug seizures to intellectual property rights violations. The division follows a strict process with defined timeframes to ensure fairness and due process for all parties involved.
In addition to its enforcement duties, FP&F is instrumental in returning stolen property and cultural artifacts to their rightful owners. Recent successes include repatriating stolen artifacts to countries like Ukraine and Yemen, showcasing CBP's dedication to preserving cultural heritage and combating illegal trade.
While CBP faces challenges in keeping pace with evolving trade patterns and increasing volumes of shipments, its collaboration with other law enforcement agencies and commitment to public safety remain steadfast. As DeAnn O’Hara emphasized, "At CBP, we take the safety of the American public very seriously. That’s why we work so hard to remove unsafe products from the U.S. commerce before they can ever reach consumers."
In a significant interception, U.S. Customs and Border Protection Officers (CBP) at the San Ysidro Port of Entry apprehended over $11 million worth of blue fentanyl pills concealed within a vehicle recently.
A staggering estimated 561,000 fentanyl pills, with a total weight of 123.6 pounds, were confiscated by CBP officers during the operation, highlighting the continuous efforts to curb the influx of illicit drugs across the border.
The interception unfolded around 8:20 p.m. when a 37-year-old man driving a 2008 sedan applied for admission into the United States from Mexico at the San Ysidro Port of Entry. A CBP K-9 unit, conducting routine pre-primary inspections, alerted officers to the glove compartment area, indicating potential narcotics present presence.
Following the canine alert, CBP officers proceeded with further examination, leading them to refer both the driver and the vehicle for comprehensive inspection in the secondary inspection area.
Upon meticulous scrutiny, CBP officers uncovered a startling discovery – a total of 100 packages containing blue pills meticulously concealed within the vehicle's dashboard and the front passenger seats. Subsequent testing confirmed the contents as fentanyl, a potent synthetic opioid known for its lethal potency.
Mariza Marin, Port Director for the San Ysidro Port of Entry, emphasized the gravity of the situation, stating, “Fentanyl is a very lethal drug that continues to be encountered along our southern border. I’m very proud of the exceptional work by our officers who skillfully interdict illicit narcotics on a daily basis.”
The apprehended individual was promptly handed over to the custody of Homeland Security Investigations for further investigation, while both the narcotics and the vehicle were seized by CBP officers as part of the operation.
This seizure is part of Operation Apollo, a collaborative regional effort involving federal, state, and local agencies aimed at combating the pervasive threat posed by fentanyl and other illicit synthetic narcotics. Operation Apollo underscores the commitment of law enforcement entities to safeguard communities against the devastating impact of drug trafficking.
For more information about Operation Apollo and ongoing efforts to combat the drug trade, interested individuals are encouraged to seek additional details through official channels.
The successful interception serves as a testament to the unwavering dedication of CBP officers in safeguarding the nation's borders and preventing dangerous substances from infiltrating communities.
The U.S. Commerce Department’s Bureau of Industry and Security (BIS) announced significant revisions to the Export Administration Regulations (EAR), imposing stricter controls on exports and reexports to Nicaragua. This move comes in response to mounting concerns regarding human rights abuses perpetrated by the Nicaraguan government against its citizens and civil society groups, as well as its continued military and security cooperation with Russia.
The amendments, effective immediately, see Nicaragua being shifted from Country Group B to Country Group D:5, resulting in a more restrictive classification. Consequently, a stricter licensing policy will apply to items controlled for national security reasons, with the country now subject to 'military end use' and 'military end user' restrictions.
Under Secretary of Commerce for Industry and Security Alan Estevez emphasized the alignment of U.S. national security and foreign policy with its values, stating, "We will not allow peaceful trade to be diverted in ways that undermine our values and weaken our security." Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler echoed this sentiment, highlighting the role of export controls in preventing U.S. technology from being misused to support human rights abuses.
This rule builds upon previous actions by BIS, including the addition of the Nicaraguan National Police to the Entity List in March 2023. It reflects ongoing efforts by the U.S. Government to restrict the availability of items subject to EAR to Nicaragua’s military and security services.
The move signifies a continued escalation in U.S. efforts to address the situation in Nicaragua, as international concern grows over the Ortega government's crackdown on dissent and violations of human rights.
JASVP Compliance, Laurie Arnold attended the CBP Trade Facilitation and Cargo Security Summit in Philadelphia, PA from March 26 through March 28, 2024. The US Customs Trade Facilitation & Cargo Security Summit in Philadelphia addressed updates on ACE 2.0, continuing education, and ecommerce.
Also, JAS’ own Scott Cassell, Corporate Compliance Project Manager attended the Commerce Department’s BIS Update Conference on Export Controls and Policy in Washington DC from March 27 through March 29, 2024. A wide variety of topics related to US export controls were updated by members of the Commerce Department and related agencies involved in export controls.
Every year on April 4th, carrot enthusiasts and food lovers alike come together to celebrate National Carrot Day. This humble vegetable, with its vibrant orange hue and crisp texture, holds a special place in the hearts and diets of people worldwide.
Carrots, scientifically known as Daucus carota, have a rich history dating back thousands of years. Originating in Central Asia, they were initially cultivated for their medicinal properties rather than culinary appeal. Ancient civilizations, including the Greeks and Romans, recognized carrots for their health benefits, particularly for improving eyesight.
Over time, carrots evolved from a medicinal herb to a staple ingredient in cuisines around the globe. From soups and salads to stews and desserts, carrots lend their unique flavor and nutritional value to a myriad of dishes. Their versatility in both savory and sweet recipes makes them a favorite among chefs and home cooks alike.
Nutritionally, carrots pack a powerful punch. They are an excellent source of beta-carotene, a precursor to vitamin A, which is crucial for eye health, immune function, and skin health. Additionally, carrots provide a healthy dose of fiber, vitamins C and K, potassium, and antioxidants, making them a nutritious addition to any diet.
National Carrot Day offers an opportunity to celebrate this underrated vegetable and explore its culinary potential. Whether enjoyed raw as a crunchy snack, roasted to caramelized perfection, or blended into a velvety soup, there are endless ways to savor the flavor and goodness of carrots.
Beyond their culinary appeal, carrots have also found their way into popular culture, appearing in folklore, literature, and even as beloved cartoon characters. Who can forget Bugs Bunny munching on a carrot as he outsmarts his foes?
In addition to indulging in carrot-centric dishes, National Carrot Day encourages awareness of sustainable farming practices and the importance of supporting local agriculture. Choosing organic, locally grown carrots not only ensures freshness and flavor but also reduces carbon footprint and supports small-scale farmers.
So, whether you're a devoted carrot connoisseur or simply looking to incorporate more vegetables into your diet, National Carrot Day provides the perfect opportunity to celebrate this crunchy and nutritious root vegetable. So grab a bunch of carrots, get creative in the kitchen, and join in the festivities on April 4th!
On February 26, the Federal Maritime Commission (FMC) issued its long-awaited final rule for Demurrage and Detention Billing Requirements. The issuance and processing of detention and demurrage invoices by common carriers and marine terminal operators has long been a contentious issue in the logistics industry. The FMC deserves credit for taking this issue on and working to bring some standards to the process. The final rule will be effective as of May 28, 2024. Some of the key elements of the final rule are:
• A list of required minimum information that must be included on any invoice for detention or demurrage. If any of this information is missing, that will eliminate the obligation for the billed party to pay.
• An invoice for detention or demurrage must be issued by a billing party to either the consignee or the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo.
• A billing party must issue a demurrage or detention invoice within thirty (30) calendar days from the date on which the charge was last incurred. If billed after thirty (30) calendar days, then the billed party is not required to pay.
• If the billing party is a non-vessel-operating common carrier (NVOCC), then it must issue a demurrage or detention invoice within thirty (30) calendar days from the issuance date of the demurrage or detention invoice it received. If the NVOCC issues an invoice after thirty (30) calendar days, then the billed party is not required to pay.
• The billing party must allow the billed party at least thirty (30) calendar days from the invoice issuance date to request mitigation, refund, or waiver of fees from the billing party. The billing party must then resolve such a request within thirty (30) calendar days of receiving the request or at a later date as agreed upon by both parties.
Customs and Border Protection (CBP) recently released an update to its 1991 Directive 3510-004 – Monetary Guidelines for Setting Bond Amounts. The updated guide is entitled "A Guide for the Public: How CBP Sets Bond Amounts”. The new guide brings the previous directive up to date by amending many minimum bond requirements, adding information on bond activity codes that were not included in the earlier directive such as for Importer Security Filing bonds and Marine Terminal Operator bonds, and adding information on ACE eBond procedures.
A large tractor and agricultural equipment manufacturer agreed via a stipulated judgment to pay $2 million in penalties for falsely labeling wholly-imported replacement parts as “Made in the USA”. It was also agreed that the company would submit compliance reports and notices to the Federal Trade Commission (FTC) for the next 20 years. The FTC had initiated the proceeding against the company to enforce its Made in USA Labeling Rule. This rule states that for items to be labeled as “Made in the USA”, the final assembly or processing of the good, and all significant processing that goes into the good, must occur in the United States. Further, all or virtually all ingredients or components of the good must be made and sourced in the United States.
A Florida couple were sentenced to 57 months in prison and were ordered to pay over $42 million in forfeitures, as well as reimbursing the government for over $1.6 million in storage costs, after pleading guilty to conspiring to import plywood in violation of the Lacey Act and customs laws and conspiring to sell the illegally imported plywood. An employee of theirs was also sentenced to 3 years probation and ordered to pay a $3,000 fine. From 2016 to 2020, the couple, via several companies set up for the purpose, imported numerous containers of plywood products and falsely declared the species, country of origin and country of harvest to avoid paying antidumping and countervailing duties that had been instituted on such products from China in 2017. Some of the plywood was shipped to Malaysia from China and re-loaded in containers to appear to be of Malaysian origin. False Lacey Act declarations were then made upon entry into the U.S.
On February 12, Customs and Border Protection (CBP) announced in the Federal Register that the Global Business Identifier (GBI) Evaluative Proof of Concept (EPoC) will be extended to February 23, 2027. The test is also being expanded to include entries of merchandise classifiable under any subheading of the Harmonized Tariff Schedule and for merchandise of any country of origin. Previously, the test was limited to certain categories of merchandise from only 10 specific countries of origin. The purpose of the test is to evaluate a possible replacement for the Manufacturer Identification Code (MID). The MID is a code that is required to be submitted on all customs entries to identify the manufacturer or shipper involved. For the test, all or one of three alternative codes can be used to identify the manufacturer, shipper, and seller on entries. These alternatives are the nine (9)-digit Data Universal Numbering System (D–U–N–S®), thirteen (13)-digit Global Location Number (GLN), and/or twenty (20)-digit Legal Entity Identifier (LEI). All of these alternatives provide more detailed and specific information on the parties involved and would create greater visibility into supply chains.
The long negotiated United States initiative, the Indo-Pacific Economic Framework For Prosperity (IPEF), finally had one of its agreements enter into force on February 24, 2024. The Supply Chain Resilience Agreement was negotiated “to establish a framework for deeper collaboration to prevent, mitigate, and prepare for supply chain disruptions, such as those experienced in recent years from the COVID-19 pandemic”. The IPEF has 14 countries as participants - the United States, Australia, Brunei Darussalam, Fiji, India, Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. The first step in implementation of this agreement will be the establishment of three bodies, the Supply Chain Council, Crisis Response Network, and Labor Rights Advisory Board, with a goal of “identifying and notifying partners of each country’s list of critical sectors and key goods for cooperation under the Agreement by no later than 120 days after the date of the entry into force for each country”.
Recently at the Logan Airport in Boston, a passenger who was returning from the Democratic Republic of Congo had a suspicious piece of baggage screened. The passenger advised the Customs and Border Protection (CBP) Agriculture Officer on the scene that the baggage only contained dried fish. However, upon further inspection, the officer found four dead and dehydrated bodies of monkeys in the baggage. Minimally processed wild animal meat such as this is often referred to as “bushmeat”. Bushmeat can come from a variety of wild animals and can, therefore, carry numerous germs and viruses, such as Ebola, which can pose a significant heath risk. The bushmeat in this case, however, might not have been discovered if there was not another officer on the scene, CBP K9 Buddey! K9 Buddey is a part of one of the 180 canine teams that assist CBP officers at air passenger terminals, border crossings, cruise terminals and other locations. The CBP officer handlers and their canine partners undergo 10 to 13 weeks of intense training together before being deployed in the field. Beagles and beagle mixes are the preferred breed of dog for use as K9’s since beagles have a very keen sense of smell and have a gentle disposition towards the public. They are usually trained to alert handlers of contraband by sitting near or pawing at the offending baggage. Next time you see a K9 in action, salute them for their service, but hope that they do not come and sit down next to you…
The Bureau of Industry and Security (BIS) released its Export Enforcement Review for last year stating that 2023 was the year with the highest number ever of convictions, temporary denial orders and post-conviction denial orders. Some of the actions taken that the BIS highlighted were:
• Imposed the largest standalone administrative penalty in BIS history – a $300 million penalty related to the continued shipment of millions of hard disk drives to a sanctioned entity even after other competitors stopped shipping due to the foreign direct product rule.
• Obtained a guilty plea from a program administrator for a NASA contractor who secretly funneled sensitive aeronautics software to a Chinese University, which was on the Entity List for its involvement in developing Chinese military rocket systems and unmanned air vehicle systems.
• Imposed a $2.77 million penalty on a 3D printing company related to its sending export-controlled blueprints for aerospace and military electronics to China.
• Worked with the Department of Justice to bring eight separate indictments charging 14 people for their role in procuring items for the Russian military and Russian security service.
• In coordination with the Office of Foreign Assets Control, imposed a $3.3 million combined penalty against a major U.S. software firm for alleged and apparent violations of U.S. export controls and sanctions laws, including violations involving Russia, Cuba, Iran, and Syria.
BIS also emphasized the launch of the Disruptive Technology Strike Force with the Department of Justice “to protect U.S. advanced technologies from illegal acquisition and use by nation-state adversaries like Russia, China, and Iran. The Strike Force brings together experienced agents and prosecutors in fourteen locations across the country, supported by an interagency intelligence effort in Washington, D.C., to pursue investigations and take criminal and/or administrative enforcement action as appropriate”.
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