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Toxic Substances Control Act (TSCA) now requires that EPA classifies chemical substances on the TSCA Chemical Substance Inventory as either "active" or "inactive" in U.S. commerce.
From the document:
"To accomplish that, EPA is proposing to require a retrospective electronic notification of chemical substances on the TSCA Inventory that were manufactured (including imported) for non-exempt commercial purposes during the ten-year time period ending on June 21, 2016," stated the Proposed Rule by the Environmental Protection Agency, "EPA is also proposing to establish procedures for forward-looking electronic notification of chemical substances on the TSCA Inventory that are designated as inactive, if and when the manufacturing or processing of such chemical substances for non-exempt commercial purposes is expected to resume."
EPA is currently accepting comments regarding their proposal until March 14, 2017.
U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) seized a large number of shipments carrying goods that violated IPR in FY2016. IPR seizures increased by 9 percent in FY2016 to over 31,560. The total MSRP of the seized goods, had they been genuine, was estimated to be more than $1.38 billion. "As a result of enforcement efforts, ICE Homeland Security Investigations arrested 451 individuals, obtained 304 indictments, and received 272 convictions related to intellectual property crimes in FY 2016," stated an article by the CBP.
From the CBP:
“Products that infringe on U.S. trademarks, copyrights, and patents threaten the health and safety of American consumers, the U.S. economy, and our national interests,” said CBP Commissioner R. Gil Kerlikowske. “This record-breaking year of IPR seizures highlights the vigilance of CBP and ICE personnel in preventing counterfeit goods from entering our stream of commerce and their dedication to protecting the American people.”
The Federal Motor Carrier Safety Administration (FMCSA) has suspended its rule requiring freight forwarders, motor carriers and others under FMCSA jurisdiction to submit required registration and biennial update information to the Agency via a new electronic on-line Unified Registration System. "During this suspension, entities needing to file will follow the same procedures and forms used to submit information to FMCSA as they do today," stated a document by the Federal Motor Carrier Safety Administration.
Read the entire published document here.
On December 20, 2016, an Interim Final Rule announcing the “Regulatory Implementation of Centers of Excellence and Expertise” was published in the Federal Register. The IFR amends Title 19 of the Code of Federal Regulations (19 CFR) to implement the Centers of Excellence and Expertise (Centers), provides regulatory authority for the Center Director on trade matters, and identify the functions that are transitioning to the Center Directors.
(Article no longer available).
On December 14, 2016, Amazon announced their trial of air drone delivery in the UK. They are currently working with two private shoppers who can now order their goods by drone. Amazon plans to expand this trial, with time, to more shoppers who live close to the Prime Air fulfillment center near Cambridge in the UK.
From the Tech Crunch story:
"The first delivery was on December 7th and didn’t fly too far, but this is still a major step for Prime Air, which looked like little more than an early April Fools’ joke when Amazon first announced this project. The drones are loaded in a fulfillment center and then rolls out of the hall on rails, after which they take off. The full flight happens autonomously, including the landing, and the idea is to ensure that all deliveries arrive within 30 minutes."
On December 8, 2016, the Water Infrastructure Improvements for the Nation Act or WIIN passed the House of Representatives. There was strong bipartisan support with the final vote 360 yes and 61 no. Following the House vote, the Senate passed the bill on December 10, 2016
WIIN has been created with the goal of building and improving infrastructure related to trade and water resources. Also included in this act is the Water Resources Development Act of 2016 which passed the House of Representatives in September. Among other things, these acts address American harbors, dams, locks and flood control systems which are vital to US economic and trade growth.
Harbor maintenance programs are of particular interest with regards to trade. In recent years, barely half of the funds available in the “harbor maintenance trust” fund was being utilized in ports. The surplus was unfortunately being used in other federal programs leading to shortfalls in maintenance of US ports. The WIIN Act provides a path to work towards eliminating the surplus and ensuring that full funding is diverted back to its intended use by 2025.
Harbor projects are paramount to the continued competitiveness of the US in trading with the rest of the world. Improved harbors will allow larger ships to call US ports which will improve efficiencies of the supply chains and strengthen the trade community. For questions contact JAS USA Inc. Compliance!
The US Lumber Coalition filed a petition for relief on November 25, 2016 from Canadian subsidies on exports of softwood lumber to the United States. The industry group claims that Canadian governments provide access to loggers at a lower rate. This gives the Canadian timber industry an unfair financial strong point, which allows for the export of products at low values.
From the article:
"The decades old disagreement between the two trading partners had been addressed by the 2006 Softwood Lumber Agreement (SLA), which expired in October of 2015. After a one year 'cooling off period' the US lumber industry has again taken up the torch and will proceed to address their claims of material injury to US lumber manufacturing. Should the Department of Commerce find merit to the claim, antidumping and countervailing duties (ADD/CVD) could be imposed as soon as early spring."
With the election hype mostly over, the President-Elect is moving to build his cabinet. This recent election cycle showed the world that there are great disagreements about how the United States should engage in international trade. President Elect Trump’s message often conveyed a more protectionist position for businesses engaged in international trade. But what is the real expected position and where will the new leadership lead the United States with regards to trade?
The bottom line right now is that there is very little concrete confirmed vision regarding trade policy. We do know that there will be very little change within Congress since existing members of key committees will likely continue to support expanded trade. Here are a few points on key programs and what we know, or don’t know:
The new administration is signaling the intention to pursue more bi-lateral agreements instead of multi-lateral as in the past.
JAS USA Inc. Compliance Team continues to be involved locally and nationally. We are keeping our eye on the landscape and always working to ensure we are able to inform and assist to take action and protect our client’s trade interests through informed compliance. Questions? Contact us today!
International Traffic in Arms Regulations, or ITAR is an important section of regulations under Title 22 of the Code of Federal Regulations. ITAR regulations focus on the import and export controls for products and services which are defense related. These regulations are yet another layer of our nations network dedicated to the protection of US national security and foreign policy.
Typically, products and services subject to ITAR regulations are military products and services. However, the line between military products and services and commercial products and services has blurred. This is true because of the endless list of technologies that began as military and were incorporated into our everyday commercial usage products. This graying of the lines can make it more difficult to determine applicability. Items appearing on the USML (U.S. Munitions List) will be subject to ITAR regulations. Defense services will be subject to ITAR regulations. Some technical data and software will be subject to ITAR regulations.
When products, services and technical data are subject to ITAR regulations, it is imperative to realize that these items CANNOT be exported in the conventional sense. Exporters of items subject to ITAR regulations must first register with the U.S. Department of State. Additionally, an export license MUST be obtained for any items appearing on the USML.
Note that failure to be in compliance with ITAR regulations can be catastrophic to companies. The nature of these violations leads to rather extreme penalties at the disposal of the enforcement community. Criminal violations can lead to 10 years imprisonment and up to $1,000,000.00 per violation. Because of this, it is extremely important for US companies to understand whether their products, services and technical data/software is subject to ITAR regulations.
JAS USA Compliance Team is well versed in ITAR regulations. Our experience in supporting our own internal vertical JAS GLS (Government Logistics Services) has allowed us to be on the cutting edge of this niche market sector. Need help? Contact us today!
2016 has brought many changes to the trade community with mandatory dates for ACE and numerous PGAs (Partner Government Agencies) integration. CBP published in January of 2016 the revised AESTIR (Automated Export System Trade Interface Requirements). The AESTIR publication defined the requirements from PGAs with regards to AES transmissions. JAS Forwarding USA, Inc. already has the ability to capture and report all the new required data elements electronically.
The PGA’s which require additional PGA data elements are:
As of September 20, 2016 only the National Marine Fisheries Services (NMFS) is mandatory. Additional agencies are expected to announce mandatory dates into 2017. JAS Forwarding USA Inc. Compliance is working on filing any export filings which require PGA data elements. Contact us today!
The United States is terminating the national emergency with respect to Burma and has revoked the Burma sanctions. Financial sanctions and statutory blocking on Burma has also been waived. As a result, the economic and financial sanctions that were administered by OFAC (Office of Foreign Assets Control) are no longer in effect.
The Bureau of Industry and Security has issued a final rule that permits electronic submission as an additional method available to U.S. persons for reporting requests. Previously, these reports had to be completed as a single transaction form (BIS 621-P) or multiple transaction (BIS 6051-P) and submitted by mail.
U. S. Customs and Border Protection specialist at George Bush International Airport seized 30 birds' nests from a passenger’s luggage. The items that were seized, were prohibited from entering the U.S. as they can carry Newcastle Disease or the H5N1 virus. The passenger was assessed a penalty for failure to declare prohibited agriculture products and the birds’ nests were seized.
Did you know that per 15 CFR 758.6, a destination control statement is required on the invoice, bill(s) of lading or other export control documents accompanying shipments from US origin? These regulations have been revised and the requirement will change. The new changes to 15 CFR 758.6 will be effective on November 15, 2016. "This final rule revises the destination control statement in 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in 22 CFR 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR)," stated a document by the Federal Register.
FDA has issued a final rule on the safety and effectiveness of certain antibacterial soaps. The final rule established that over-the-counter consumer antiseptic wash products contained certain active ingredients that can no longer be marketed. "Companies will no longer be able to market antibacterial washes with these ingredients because manufacturers did not demonstrate that the ingredients are both safe for long-term daily use and more effective than plain soap and water in preventing illness and the spread of infections," stated an article by the FDA. There are 19 ingredients addressed in this ruling. Some manufacturers have already begun the process of removing these ingredients from their products.
Import Specialists from the Miami based Agriculture & Prepared Products Center of Excellence and U.S. Customs and Border Protection Officers confiscated 42 tons of illegally imported Chinese honey on August 12. This was the third large confiscation of honey in four months. The honey was being contained in 132 fifty-five gallon drums that were being falsely stated as coming from Taiwan. This was done in order to avoid the anti-dumping duties that apply to honey coming from China.
“Customs and Border Protection considers Trade Enforcement a priority since it levels the playing field for legitimate companies. The agency certainly does not want questionable companies having a competitive edge because they choose not to correctly describe their products to evade duties,” stated Center Director for Agriculture & Prepared Products Center of Excellence & Expertise Dina M. Amato.
On September 12, 2016, President Barack Obama signed a proclamation which will reinstitute Burma’s eligibility for benefits under the Generalized System of Preferences (GSP) program as of November 13, 2016. "This action comes after the conclusion of a review of Burma’s compliance with the eligibility criteria under GSP statute, including whether Burma is taking steps to afford internationally-recognized worker rights," stated a press release by the Office of the United States Trade Representative.
An estimated $2.3 billion in antidumping and countervailing duties have gone uncollected by Customs and Border Protection. The GAO (Government Accountability Office) recommends that Customs issue guidance should collect and analyze data on a regular basis. They also recommended conducting regular risk assessments that consider the likelihood and risk factors related to nonpayment.
Zika is at the center of concerns for China’s General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ). On August 18, staff from the U.S. Embassy in Beijing met with AQSIQ. China has confirmed that U.S. companies exporting to China must meet the below Zika requirements.
All U.S. origin conveyances air and sea that departed the United States on or after August 5, 2016 must comply with the new requirements as per below:
JAS Forwarding USA Inc. Compliance team suggests that clients consult with Chinese consignee(s) to determine which method you choose and at which stage it should be executed. The fumigation process may be handled on arrival at the port in China, however that may depend on the steamship line as some lines are requiring this to be processed prior to accepting the cargo. Keep in mind that there could be significant delays if shippers elect to fumigate in China.
Got questions or comments? Please let us know, we want to hear from you!
Statistical data reports that renewals of GSP reflected refunds in the amount of $1.3 billion dollars.
GSP has also waived about $580 million in additional import taxes from August 2015 to May 2016. "Assuming average savings in June and July, GSP renewal meant an extra $2 billion at the disposal of American companies over the past year," stated an article by Coalition for GSP, "The numbers are impressive but individual company stories show the vital importance of the GSP program to American companies and workers even better."
Brazil has recently started accepting ATA Carnets for professional equipment, exhibitions and fairs! This is right in time for the 2016 Olympics that are being held in Rio this year. Every year, Brazil hosts tons of international cultural, political, sporting events, conferences and shows. Brazil is making it easier for U.S. Exporters to participate and exhibit at these events, by using the ATA Carnet system.
From the original article:
"Brazil and United States engage on a number of trade and investment initiatives. In 2011 President Obama and President Rousseff signed the Agreement on Trade and Economic Cooperation to trade and investment between the Western Hemisphere’s two largest economies. Brazil’s acceptance of the ATA Carnet system only furthers this trade relationship and facilitates growth through easing temporary entries."
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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