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"The Generalized System of Preferences (GSP) provides duty-free treatment to goods of designated beneficiary countries," stated an article by U.S. Customs and Border Protection, "The program was authorized by the Trade Act of 1974 to promote economic growth in the developing countries and was implemented on January 1, 1976."
The GSP periodically expires and must be renewed by Congress to remain in effect. The 2015 GSP reauthorization (H.R. 1295) will expire on December 31, 2017. All previous GSP renewals that have taken effect after a lapse have included a retroactive clause providing refunds to importers of eligible goods imported during the lapse period. JAS will continue to indicate GSP on all eligible entries after expiration in preparation for a retroactive renewal.
Read more on the GSP expiration
"U.S. Customs and Border Protection (CBP) announced the submission period for the 2018 Customs Broker Triennial Status Report and fee for all licensed customs brokers will open December 15, 2017," stated an article by U.S. Customs and Border Protection, "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.
CBP is hosting a webinar on December 13 at 3:00 EST to help clarify the paperless submission process.
Read more here.
(Registration no longer available).
On November 19, 2017, Transportation Security Administration (TSA) celebrated 16 years of safeguarding and protecting the nation’s citizens and transportation systems. Created after the Sept. 11, 2001, attacks, TSA is constantly evolving and becoming more agile in protecting more than 2 million travelers daily.
"Steps taken this year to strengthen security included mandating new security measures for international last-point of departure flights bound for the U.S. and new domestic screening procedures for carry-on baggage at airports nationwide," stated an article by TSA.
“TSA is working aggressively to raise the baseline for aviation security worldwide because aviation remains a high value target for terrorists,” said TSA Administrator David Pekoske. “By strengthening the overall security of our commercial aviation network, we are doing our very best to keep flying a secure travel option for everyone.”
U.S. Customs and Border Protection has announced changes to user fees within the Consolidated Omni Budget Reconciliation Act (COBRA) of 1985 that will take effect on January 1, 2018. These changes relate to the Merchandise Processing Fee (MPF) for each entry.
Please see the client advisory notification for details on the user fee changes:
Talks to renegotiate the North American Free Trade Agreement (NAFTA) has been extended and will continue into 2018. The fourth round of conversations between the United States, Canada and Mexico took place on October 11-17, 2017. The fifth round for conversation is currently scheduled for November 19, 2017 in Mexico City. The countries will schedule more meetings through the first quarter of 2018.
Read More About the NAFTA Renegotiation
CLUE #1
The JAS USA Compliance team will be attending the NAFTZ Conference next week in San Diego, CA- USA
Here is the first clue - the Foreign Trade Zone pending activation is on the opposite coast from the NAFTZ Conference. Activation appears to be very close.
Stay tuned for more information.
Questions? Contact us today!
In response to the September hurricanes, TSA has deployed about 1,100 members of its workforce to impacted areas. This number includes 500 people deployed to supplement local screening staff at airports and 660 volunteers who served on DHS's Surge Capacity Force to get aid directly to those in need. While waiting to know the extent of the damage, hundreds more have volunteered to help with the affected areas caused by Hurricane Maria.
Read the original article here.
Get More Information on DHS & FEMA Efforts
During the week of September 13th, TSA discovered 70 firearms in carry-on bags around the nation. Out of the 70 firearms, 57 were loaded and 16 had a round chambered. Firearm possession laws vary by state and area. "Travelers bringing firearms to the checkpoint can be arrested and fined up to $11,000," stated an article by TSA, "Travelers should familiarize themselves with state and local firearm laws for each point of travel prior to departure."
Read the original article here.
Get More Information on Transporting Firearms & Ammunition
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U.S. Customs and Border Protection has advised that effective November 1, 2017, responsible parties with a documented Wood Packaging Material (WPM) violation may be issued a penalty. The purpose of WPM is to prevent exotic timber pests. The regulation states that "non-exempt wood packaging material imported into the United States must be treated at approved facilities at places of origin to kill harmful timber pests that may be present," stated an article by FEFPEB, "The WPM must display a visible, legible, and permanent mark certifying treatment in at least two sides of the article."
In Washington D.C. at the National Customs Broker & Forwarders Association of America (NCBFAA) Government Affairs Conference (GAC), representatives of the association and government legislators sat down to discuss issues that matter to international trade. Some of the issues that were discussed are:
The GAC is a conference held annually. In attendance from JAS Forwarding USA were Scott Cassell and Leah Ellis from corporate compliance.
U.S. Customs and Border Protection (CBP) released ten decisions during the week of August 17th in Enforce and Protect Act (EAPA) investigations, regarding the evasion of the antidumping duty orders for wire hangers and wooden furniture.
From the article:
"CBP issued its first final determination in an EAPA investigation on Monday August 14th, finding substantial evidence that wire hangers were imported through evasion," stated the article by U.S. Customs and Border Protection, "Specifically, the hangers were transshipped from China through Thailand to evade the antidumping duties. The authority for investigating under EAPA began last August 2016, and the allegation on transshipment of hangers through Thailand was filed shortly thereafter, in September."
U.S. Customs and Border Protection (CBP) officers hosted a retirement party for CBP narcotics dog "Milky" at the International Falls Port of Entry. Milky started working with his partner, CBP Officer Pete Benedix, in 2012 and they were assigned to the International Falls Port of Entry. In his five-year career, Milky participated in multiple narcotics seizures.
From the article:
"CBP employs dogs as long as they can successfully perform and meet workload requirements. The service career of a detector dog will typically last no longer than eight years. 'Milky' was adopted by his CBP K-9 handler and partner. This ensures that 'Milky' will have a loving and comfortable life for his golden years in retirement."
The Trump administration notified Congress of its intent to renegotiate the North American Free Trade Agreement. The notification starts the clock on a 90-day period in which Congress will speak with the administration regarding its goals. Negotiations with Canada and Mexico will begin as soon as August 16 according to the administration.
“I would note that many of these negotiations will be bilateral and many of the issues are bilateral, but our hope is that we will end up with a structure that is similar to what we have now, if that proves to be impossible, we will move in another direction.”
- U.S. Trade Representative Robert E. Lighthizer
The United States signed two Customs Mutual Assistance Agreements on July 6, 2017 with Bolivia and Georgia, signifying a notable milestone in collaboration on security and trade facilitation.
“The legal framework of these agreements strengthen the ties and commitments to exchange information between the United States and these international partners,” said Executive Assistant Commissioner for the Office of Trade Brenda Smith. “These Customs Mutual Assistance Agreements will greatly facilitate U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement’s work to prevent, detect, and investigate customs offenses.”
Read more on the agreements with these countries
The NCBFAA (National Customs Brokers & Forwarders Association of America) NEI (National Education Institute) is hosting a webinar titled "Demystifying FSMA and the FSVP." This is a quality learning opportunity. Check it out below. Got specific questions, contact us today!
Link No Longer Active
U.S. Customs and Border Protection launched the “The Truth Behind Counterfeits” campaign last week to raise awareness of the dangers and negative impacts of purchasing counterfeit goods. The Intellectual Property Rights (IPR) initiative is an educational awareness campaign for international travelers, designed to call attention to the growing impacts of purchasing counterfeit goods, including the loss of American jobs and the support of criminal activity. Last year, CBP seized more than $1.3 billion in counterfeit goods.
The campaign will run through July at six of the busiest U.S. international airports: Baltimore Washington International Thurgood Marshall Airport; Chicago O’Hare International Airport; Dallas/Fort Worth International Airport; Los Angeles International Airport; New York John F. Kennedy International Airport and Washington Dulles International Airport.
A change to the Cuba policy was announced from the White House on June 16, 2017. "The policy memorandum directs the Treasury and Commerce Departments to begin the process of issuing new regulations within 30 days. The policy changes will not take effect until those Departments have finalized their new regulations, a process that may take several months," the Cuban Policy Fact Sheet stated. One of the main objectives is to "enhance compliance with United States law—in particular the provisions that govern the embargo of Cuba and the ban on tourism," the Fact Sheet also stated. The changing policy information can be found in the Fact Sheet on Cuba Policy.
Are you registered for G-TEC 2017? The NCBFAA Educational Institute is proud to invite all global logistics professionals to the 3rd Annual Global Trade Education Conference (G-TEC). This two-day event in Long Beach, CA will give customs brokers, freight forwarders, NVOCCs, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments.
The two-day event will be August 7-8 in beautiful Long Beach, CA and will give customs brokers, freight forwarders, NVOCCs, OTI, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments concerning these topics:
The FDA announced the new nutrition facts label for packaged foods to reflect new scientific information. On June 13, 2017, the FDA announced its intention to extend the compliance date for the Nutrition Facts Label final rule. The compliance date is set for July 26, 2018 with an additional year to comply for manufacturers with annual food sales of less than $10 million.
Lots of “proposed” ideas have been discussed over the past few months. Some key topics have been related to international trade and more specifically some existing and proposed free trade agreements. NAFTA (North American Free Trade Agreement) has been one of the key agreements in question.
The Federal Register dated Tuesday May 23, 2017 has posted notice on this topic. Per regulations, the Office of the United States Trade Representative has posted a “Request for Comments on Negotiating Objectives Regarding Modernization of the North American Free Trade Agreement with Canada and Mexico."
The trade community is encouraged to comment in writing. The U.S. Trade Representative must receive written comments no later than June 12, 2017. There is a specific list of subjects which the U.S. Trade Representative will be accepting comments. The list is included in the Federal Register entry.
The Department of Commerce has initiated an investigation to determine whether imports of foreign-made steel are harming U.S. national security. This investigation could lead to the Commerce Department recommending that the United States impose broad tariffs on steel imports. The Trump Administration anticipates results within 30 to 50 days.
Quote from the original article:
"The Trump administration has launched an investigation into whether foreign imports of steel compromise U.S. national security, a step towards fulfilling a campaign promise of cracking down more severely on the unfair trading practices of countries like China."
U.S. Customs and Border Protection (CBP), Office of Field Operations, at Charleston seaport seized about $1.1 million in fake mobile phone accessories on March 14. Among these items included phone cases, chargers, cables, and headphones. The products were coming from China when they arrived at the port and were destined for upstate South Carolina. After the shipment details were inspected, it was determined that the cargo needed further scrutiny. After the customs examination and appraisal, it was found that 85,000 individual accessories carrying images of various retailers were being used without permission.
“I’m proud of the work our officers and import specialists are doing to keep counterfeit merchandise, some of which could be dangerous to consumers, out of U.S. commerce,” said Charleston Acting Area Port Director Joanne Fogg. “CBP continues to work hard to protect legitimate businesses from unlawful use of their intellectual property.”
WHY IS IT OF UTMOST IMPORTANCE IF IMPORTING FDA MERCHANDISE?
May 27, 2017 will be the start date for the US FDA to begin implementation of the Foreign Supplier Verification Program or FSVP. Per FDA website “The final rule requires that importers perform certain risk-based activities to verify that food imported into the United States has been produced in a manner that meets applicable U.S. safety standards.” Further, FSVP “…is a program that importers covered by the rule must have in place to verify that their foreign suppliers are producing food in a manner that provides the same level of public health protection as the preventive controls of produce safety regulations, as appropriate, and to ensure that the suppliers food is not adulterated and is not misbranded with respect to allergen labeling."
The FDA website cited below bullet points actions which importers are responsible to undertake:
FDA notes that “Importers must establish and follow written procedures to ensure that they import foods only from foreign suppliers approved based on an evaluation of the risk posed by the imported food…” An FSVP is needed for all food coming to the United States. If an importer sources one particular food from numerous suppliers, each supplier will need an FSVP.
So who is the FSVP importer? Quoting the FDA website citation below “For the purposes of FSVP, an importer is the U.S. owner or consignee of a food offered for import into the United States.” It is important to note that if there is no U.S. owner at the time of entry into the U.S., then the foreign owner of the food must appoint a U.S. agent. Per the Federal Register published November 27, 2015, “If the article of food has not been sold or consigned to a person in the United States at the time of U.S. entry, the importer is the U.S. agent or representative of the foreign owner or consignee at the time of entry. JAS Forwarding USA Inc. cannot fulfill this function."
What to do? Now is the time to get familiar with these regulations. First, confirm if you are importing food. If so, then focus a great deal of attention on developing a process for FSVP for each supplier. It is important that each importer check the rules and confirm if they are by definition the FSVP importer. Also note that starting on May 27, 2017, each importer’s broker will need for each line of food product importing into the U.S., the name, contact information, DUNS#, and FDA registration number of the FSVP Importer. This information will be reported in ACE at time of entry starting on May 27.
While it is reasonable to expect a soft launch with regards to compliance and targeting by FDA, it is important to proactively work toward compliance quickly. If you need help determining what this means for you, contact JAS Forwarding USA Inc. Compliance today and we can help!
https://www.fda.gov/food/guidanceregulation/fsma/ucm361902.htm
https://www.federalregister.gov/documents/2015/11/27/2015-28158/foreign-supplier-verification-programs-for-importers-of-food-for-humans-and-animals
"Descartes Systems Group, the global leader in uniting logistics-intensive businesses in commerce, announced that JAS Forwarding Inc. is using the cloud-based Descartes Air Cargo Advance Screening solution to provide enhanced security for air cargo coming into the United States," stated an article by the American Journal of Transportation. The Air Cargo Advanced Screening initiative was created by CBP in order to gather data about the parties and commodities involved in air cargo, before loading takes place on an aircraft at a foreign port. This initiative is in the pilot phase currently. CBP has also been able to communicate with the air industry to determine the best ways of achieving the desired regulatory results without affecting the speed of air cargo operations.
From the article:
“Technology innovation remains a cornerstone of our mission to ensure worldwide transparency and an efficient supply chain for our customers by delivering their cargo on time and securely,” said Laurie Arnold, Regulatory Compliance Officer at JAS Forwarding Inc. “With the Descartes solution, we’re not only an early adopter of the ACAS pilot program but are sharing information with CBP further back in the supply chain to help identify high-risk air shipments into the U.S. while accelerating the movement of low-risk shipments.”
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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