JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229

COMPLIANCE SOLUTIONS

JAS USA Compliance Insights

JAS Attended Events

JAS USA Compliance Insights on the Impact of COVID-19

JAS On The Move
July 3, 2024
JAS Forwarding (USA) Inc. Compliance team members (pictured right to left) Laurie Arnold (NCBFAA Secretary) and Leah Ellis (NCBFAA Legislative Committee Chair)

JAS Forwarding (USA) Inc. Compliance team members Laurie Arnold (NCBFAA Secretary) and Leah Ellis (NCBFAA Legislative Committee Chair) attended the quarterly NCBFAA board meetings in DC discussing Ecommerce, PGA’s, transportation, and customs issues.

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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.

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.

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Pictured in the photo from left to right are Scott Cassell, Antonio Pastrana (JASBM-Laredo), Lindsay Gambee (JAS Regional Sales Dir SW), Helga Acosta (JAS BDM-HGC), Ernest Osei (JASBM- Dallas), and Curtis Corley (JAS BDM-DAL).

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).

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JAS is On The Move

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.

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FTZ CONFERENCE OCTOBER

JAS employees were on the move in September as Compliance Project Manager Scott Cassell and Miami FTZ Administrator Ivel Martinez attended the National Association of Foreign-Trade Zones “Celebrating 50 Years of NAFTZ” conference held in Miami on September 10 to 13. JAS operates foreign trade zones (FTZ) in both Charleston, SC and Miami, FL and the conference was a great opportunity for the JAS team to stay abreast of the current issues and regulatory changes affecting FTZ’s.

The entire JAS compliance team also meet on September 19 and 20 at the JAS headquarters in Atlanta for their annual meeting. Led by Vice President of Compliance Laurie Arnold this year’s theme was “Coming together is a beginning, keeping together is progress, working together is success!”. Various topics were discussed and strategies for the coming year were formulated.

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Laurie Arnold Speaks at NCBFAA 50th Annual Conference

Laurie Arnold, JAS Vice President of Compliance and the NCBFAA Treasurer, spoke on the panel "Past, Present, & Future" at the National Customs Brokers and Forwarders Association's (NCBFAA) 50th annual conference in New Orleans.  Pulling out her "crystal ball," Laurie speculated on what the future work environment might look like considering the ongoing development of Artificial Intelligence and chat apps.  The panel also discussed the environmental benefits of remote work and the potential danger of cyberattacks on business, power grids and the water supply.

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TSA Joined Forces with AIFBA

On Oct 18th,  TSA joined forces with Atlanta International Forwarders & Brokers Association (AIFBA) to put together a much needed “Aviation Air Cargo Industry” Day in Morrow GA.  The line-up of speakers included officials from CBP, TSA, FAA, BIS and more. This sold-out event included attendees ranging from Forwarders, Brokers, Truckers, Airlines, Screening Facilities, Canine companies and more. With over 30 GOV officials in the room, attendees were able to easily connect and get much needed answers to numerous industry concerns regarding today’s air cargo sector. As a first-time event, it was a huge success and will likely become an annual affair.  As a sponsor, JAS Forwarding’s Sommer Sampson (TSA Program Manager/IACSC) spearheaded this event along with ATL Brokers Association, Local ATL TSA, and various other sponsors.

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Pictured L-R: Joshua Foster-DFW Transportation Security Inspector (TSI), Brad Foster-DFW TSI, Nicholas Rubin-GK9 handler, James Bates-DFW TSI, Margaret Christian-JAS Corporate TSA Alternate Security Coordinator, Sommer Sampson-JAS Corporate TSA Primary Security Coordinator, Michael Scholz-DFW Gateway Manager, Jeanette Dilone-DFW Export Manager

Over the past few months, Sommer Sampson (TSA IACSC) & Margaret Christian (TSA A-IACSC) have been traveling to help implement additional screening facilities to new and current JAS locations.  

Air cargo screening demands continue to be on the rise since the ICAO 100% Screening Mandate of all outbound Air Cargo in 2021.  To enhance customer demands, JAS TSA Compliance successfully rolled out 3 new Certified Cargo Screening Facilities (CCSF’s), with 2 more additional openings being planned for the near future.  These new facilities (located in Houston, Chicago, and Los Angeles) will add flexibility and increased options for our customers during the ever-increasing challenges that the industry continues to navigate. JAS longtime partner, Global K9 Protection Group (GK9PG) helps to make this happen by using canine as the primary screening method. JAS is also one of the few Indirect Air Carriers (IACs) approved to accept and handle Impracticable to Screen (ITS) cargo, giving us even more flexibility in our offerings to customers.

While heightened screening demands continue to challenge the industry, JAS is confident and ready due to our (now) 8 CCSF locations, multiple methods of screening, and years of experience in the Certified Cargo Screening Program (CCSP).  If you would like to learn more please contact compliance@jas.com

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Laurie Arnold (VP Compliance), and Leah Ellis (Compliance Operations Manager) posing with their awards

From September 18th-20th, Laurie Arnold, VP Compliance and Leah Ellis, Compliance Operations Manager, attended NCBFAA’s annual Government Affairs Conference (GAC) in Washington, DC. There they met with several Congressional members to discuss international trade industry issues. They also worked on the Seafood Import Monitoring Program bill (SIMP), the Customs Business Fairness Act and the new Customs Modernization Update. Laurie and Leah also received awards for their hard work and dedication for their past year’s efforts as the legislative and PAC committee chairs.

NCBFAA Site
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L-R Laurie Arnold, Amy Magnus Sr. Counsel, JD Gonzales, President NCBFAA and Victoria Lane, VP NCBFAA

Recently, Laurie Arnold, JAS VP Compliance and the Treasurer for NCBFAA, attended the 8th annual NEI Global Trade Educational Conference (GTEC). The event took place at the historic InterContinential Chicago Magnificent Mile hotel, hosted by the NCBFAA Educational Institute (NEI). Laurie attended presentations on many different subjects, including forced labor, 301 tariffs, CBP updates, binding rulings, and trade remedies. The event had many networking opportunities to connect with other members in the industry. The NEI offers multiple learning and educational opportunities. If you would like to learn more about these types of events, you can subscribe to NEI news and updates from the NCBFAA site.

NCBFAA Site
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(L to R) Leah Ellis, JAS Compliance Operations Manager, & Laurie Arnold, VP Compliance, stand in front of the World Trade Bridge on their trip to Laredo, Texas

Last month, Laurie Arnold, VP Compliance, and Leah Ellis, Compliance Operations Manager, went on a trip to Laredo, TX to visit our LRD branch. They spent part of their week in the Laredo office, discussing compliance topics and JAS policies on statements, training, auditing, and duty payments with branch Customs Broker Gustavo Aldrete and the import team.

On July 12th, Laurie and Leah braved the record-breaking high temperatures to visit the World Trade International bridge that spans Laredo, TX and Nuevo Laredo, Tamaulipas on the Northern Mexican border. Here they developed a better understanding of the border crossing process and got to watch the cargo trucks as they brought their shipments into and out of the country.

Towards the end of their trip, they celebrated Branch Manager Antonio Pastrana’s birthday and enjoyed some cake with the Laredo team. 

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JAS on the Move
October 1, 2021

Our very own Laurie Arnold, Vice President Compliance for JAS Forwarding USA Inc. was a guest speaker at the National Customs Brokers & Freight Forwarders Association of America, Government Affairs Conference in Washington DC on Sept 21. She spoke on the Customs Business Fairness Act HR 4816 bill that she as the NCBFAA Legislative Committee Chair has been championing to become permanent.  This bill would protect Customs Brokers from having to reach into their pocket and pay customs duties to the court for redistribution due to the 90-day claw back bankruptcy law.  The customs broker would have collected that customs duty from the importer and already paid it to US Customs. If the importer files bankruptcy the broker must pay that money back if in the 90-day period but US Customs would keep the funds already paid.

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Laurie Arnold and Leah Ellis of Corporate Compliance at JAS Forwarding attended the NCBFAA annual conference and provided their committee reports at the annual meeting.  The NCBFAA conference is an annual event that brings together more than 600 international trade representatives from across the United States to discuss trade affairs.

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Congress has included the Customs Business Fairness Act on Dec. 21 as part of the latest coronavirus relief package that changes the way U.S. bankruptcy law is applied to customs brokers when importers become insolvent. Under the current law, a customs broker may be ordered by the bankruptcy trustee to give back the duty paid to it by the insolvent importer during the past 90 days. It does not matter to the bankruptcy trustee whether that money has already been paid to Customs and Border Protection (CBP) to cover import duties.

The provisions amend various sections of the Bankruptcy Code on a temporary basis to provide additional relief to customs brokerage businesses directly impacted by COVID-19 pandemic.

Laurie Arnold, Regulatory Officer of JAS Forwarding USA Corporate Compliance, along with Whitmer and Worrall, led the NCBFAA's latest lobbying effort to include the bankruptcy bill in the latest COVID-19 relief legislation.  Congratulations Laurie and everyone that helped to make this happen!

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JAS is on the Move!
August 5, 2020
Free Lunch for Truck Drivers Initiative in Virginia

Acts of kindness are contagious!!  After seeing a similar initiative to feed truckers in Atlanta the broker’s association in Virginia decided to follow through with a similar initiative!  CBIFFA (organization Customs Brokerage and International Freight Forwarding of Virginia) led by JAS Compliance USA Team Member Tiffany Coffey provided 100 free lunch boxes, water, and snacks to truck drivers.  It was their way of saying thank you to drivers for being on the front-line servicing logistics needs in the middle of a pandemic!  Way to go Tiffany and the CBIFFA team in Virginia!

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The United States-Mexico-Canada Agreement (USMCA) is the trade agreement that is scheduled to replace NAFTA and enter into force effective July 1, 2020.  JAS USA Compliance held a webinar to discuss an overview of the trade agreement and provided resources and helpful information regarding the implementation of the agreement.  To listen to the audio of the webinar and access the certification template form, please visit our website by clicking HERE!

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In March 2019, JAS Forwarding Miami Branch was very pleased to have MSA Security on site for a live demo of their canine screening process.  The 3PK9 Security Program allows airlines and freight forwarders to utilize private sector canine teams as a primary screening method.  Essentially, reducing time and cost compared to other screening procedures.

Read More on the Live Demo
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JAS is On the Move
March 5, 2020

Laurie Arnold presented to the Atlanta International Forwarders and Brokers Association (AIFBA) a legislative update on the HR2261 Bankruptcy Bill, the section 301 tariff and an update on the USMCA that will replace NAFTA.  Laurie is actively engaged in local organizations is committed to working with National Customs Brokers and Freight Forwarding Association (NCBFAA) diligently to get Bill HR2261 passed into law.

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JAS USA Compliance Members visit Savannah Port

Laurie Arnold (Regulatory Compliance Officer) and Leah Ellis (Corporate Compliance Specialist) of JAS USA Compliance attended a port tour at the Savannah Port with other leaders of the NCBFAA.  They were able to get an up-close and personal view of vessel operations and learned about the new and exciting plans for the port’s rail and vessel operations!

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Laurie Arnold, Regulatory Compliance Officer of JAS Forwarding and Legislative Committee Chair for NCBFAA, attended a meeting organized by NCBFAA at Senator Lindsay Graham’s office in Washington DC.  The meeting was to discuss the bankruptcy bill (HR2261 currently in the house with 25 Congressional co-sponsors) and to try to get the Senate version underway.  She is diligently working with industry professionals on the bill in an attempt to get it passed into law.

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​Laurie Arnold of JAS Worldwide, Legislative Committee Chair for NCBFAA, attended a meeting organized by NCBFAA with US Customs Deputy Commissioner Robert Perez and many other CBP Commissioners to discuss various topics related to our industry. Topics included de minimis entry type 86, power of attorney vetting, the recent customs broker exam and the need for collaboration and direct communication between the forwarding, brokerage community and US Customs.  This is one way that JAS is keeping the clients’ interest in front of US Customs and any potential changes that may impact the industry!

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On August 22nd, JAS USA Compliance held a seminar for importers with the emphasis on “Adapting Compliance Solutions in the Evolution of Constant Change.” Relevant topics were discussed such as duty drawback, tariff engineering, incoterms, trade agreements, antidumping/countervailing and more!

Contact your JAS Compliance Team for more information!

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On March 27th, JAS USA Compliance conducted or first FREE webinar open to current and potential JAS Import Clients.  During this session, we discussed Section 232 & 301 tariffs and how it affects customs bonds, tariff exclusions and more!  Please find the link below to review all of the questions and answers that were discussed in the webinar session.  More webinars to come throughout the year!

Read the Q&A From the First Webinar
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Recently, our very own Compliance Officer Laurie Arnold was “flying” high, as her and Compliance Specialist Scott Cassell did an onsite audit for a company with airplanes.  

Did you know that JAS Corporate Compliance offers internal auditing and other value added services?

​We offer the following services for clients that include but not limited to:  

  • Client On-site audit and periodic review services.
  • HTS, valuation, marking, ruling, and specialized commodity consulting.
  • Customs Compliance Training (Import & Export)
  • CTPAT Import & Export Guidance
  • Collaboration in the development and maintenance of Import & Export Compliance Manuals

For more information on any of these services, please contact your local JAS Representative today!

Contact Your Local JAS Representative
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As of Monday March 20, 2018 JAS Forwarding (USA) is now assisting CBP and TSA on its initiative to provide enhanced security for air cargo coming into the United States.  The Air Cargo Advanced Screening (ACAS) initiative was created by U.S. Customs and Border Protection (CBP) to gather data concerning the parties and commodities involved in air cargo prior to its loading on an aircraft at a foreign port. The initiative is currently in the pilot phase allowing CBP to collaborate with the air cargo industry to determine the most effective means of achieving the desired regulatory results without affecting the speed of air cargo operations.

Read More on ACAS Pilot Screenings
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Decorative

September was a busy month for JAS Forwarding (USA) Inc. Compliance team members.

Laurie Arnold and Leah Ellis attended the NCBFAA (National Customs Brokers and Forwarders Association of America) GAC (Government Affairs Conference). During the conference, Laurie and Leah "walked the hill" and met with numerous congress members to discuss industry issues.

Scott Cassell spent time with clients in Newark, NJ along with J. Nathan May, Regional Sales Director to facilitate training on the HTS GRI (Harmonized Tariff Schedule General Rules of Interpretation) and Incoterms 2020.

Decorative

Our October spotlight of the month is Rishma Patel from our Atlanta branch, where Rishma has been with JAS since 1997. Rishma has been in the industry for 32 years. She is the CHB Manager and Licensed Customs Broker responsible for the JAS Atlanta/College Park location.

Rishma's favorite sports are cricket, volleyball, tennis and badminton. In her spare time, she enjoys painting, drawing and food carving.

Rishma's dedication is yet another example that People Make the Difference!

Decorative

The USTR (US Trade Representative) announced that they are proposing to increase Section 301 tariff rates on five subheadings of the HTSUS covering certain products of tungsten, wafers, and polysilicon.

The public docket was opened to allow for comments. All comments should be submitted by October 22, 2024.

To read more, check out the link below:

Decorative

Consumer Product Safety Commission (CPSC) is working to modernize the options for filing certificate data. "CPSC is actively developing the eFiling program and finalizing rulemaking." This creates a new opportunity to streamline the filing of General Certificates of Conformity (GCC).

Read more by checking out the link below:

Decorative

A new Federal Register notice has been issued on September 26, 2024, proposing a ban on Chinese and/or Russian "Vehicle Connectivity Systems (VCS)." According to the notice, BIS/Commerce "...is soliciting comment on this proposed rule, which builds on the advance notice proposed rulemaking (ANPRM) issued by BIS on March 1, 2024." Comments to the proposed rule must be received on or before October 28, 2024.

To read more details check out the Federal Register Notice

Joe-September 2024

Our September spotlight of the month is Mr. Joseph Schmidt from our New York branch, where he has been with JAS since 1998. Joe has been in the business for 46 years and has been a Licensed Customs Broker since 1983. He is the Broker Manager and Licensed Customs Broker responsible for the JAS New York location.

Joe loves sports, and is a huge fan of the NY Mets, Giants and Knicks. He also loves Elvis Presley. His ringtone on his phone is the song "Follow That Dream" from the 1962 Elvis movie of the same name.

His long tenure shows not only his dedication to JAS, but also shows JAS' commitment to retain dedicated professionals because People Make the Difference!

JAS Compliance

The JAS Forwarding (USA) Inc. Corporate Compliance Team met in August at our Corporate Headquarters.

The JAS Corporate Compliance Team gets together regularly to discuss current trade compliance topics such as AD/CVD (recent aluminum case), and section 301 matters.  Additionally, the Compliance Team is always strategizing on how to better serve our client's compliance needs.

The team was able to have an evening of team building throwing axes!

MOCRA

The Modernization of Cosmetics Regulation Act (MoCRA) has recently gone into effect. The MoCRA is the most significant expansion of FDA's authority to regulate cosmetics since the Federal Food, Drug and Cosmetic (FD&C) Act was passed in 1938.

Manufacturers and processors must register their facilities with FDA and renew every two years. Examples of items subject to MoCRA include but are not limited to baby products, bath preparations, various makeups, hair products, and even oral products such as mouthwash.

There are free tools available to determine whether FDA's new MoCRA regulations apply. Check out the link below to utilize this free tool!

Importer Penalized

An importer of uniforms and footwear has been penalized $1.3 Million for a fraudulent scheme involving fake invoices that deliberately and materially understated the value of their imports. These goods were being imported from China, Pakistan and Bangladesh. The defendants, including the CEO were also accused of providing invoices misrepresenting the fabric content which resulted in reduced duty amounts.

To read more details, check out the full US District court order.

Indira in the Spotlight

Indira Coomar from our JAS Forwarding (USA) Inc. Norfolk branch has been with JAS for 14 years in September.  She likes to run each morning.  During her runs, she takes some very beautiful photos of the sunrise over the beach and shares them with an inspirational quote to start many days. One of her recent quotes was “the secret to getting ahead is getting started!”  We appreciate Indira’s motivation, and this attitude perfectly reflects that People Make the Difference.

JAS on the Move

July 2024, JAS Forwarding (USA) Inc.’s Laurie Arnold (VP Compliance) and Scott Cassell (Corporate Compliance Project Manager) facilitated a client seminar covering Foreign Trade Zone, Forced Labor and Duty Drawback.  The event was hosted by our JAS Forwarding (USA)Inc. Charlotte Branch!

CBP Snap Shot

CBP publishes monthly trade statistics that provide a snapshot of the volume of shipments being processed.  In May2024, CBP processed more than 2.9 million entry summaries.  This includes numerous modes of transport from all over the world.  

CBP’s monthly trade stats show duties paid, seizures, WRO data and much more.

To read the full article, check out the link below.

MPF Increase

CBP has announced an increase of the Merchandise Processing Fee (MPF) within the Consolidated Omnibus Budget Reconciliation Act (COBRA). The fee increase will be effective on October 1, 2024.

The new minimum will increase from $31.67 to $32.71. The new maximum will increase from $614.35 to 634.62. The ad valorem rate of 0.3464% remains unchanged.

For more details check out the link below.

Additional 301 Tariffs Delayed

The USTR (US Trade Representative) has indicated that the increase originally expected on the 301 tariffs on August 1, 2024 will not go into effect as expected.  

The USTR has received 1100 comments from the public and continues to review those comments.  Modifications for 2024will likely take effect approximately two weeks after the final determination is made public.

Check out our client advisory and the links to the USTR and Federal Register Notice dated May 28, 2024.

 

To read more, check out the full register notice linked below.

Forced Labor Focus

The recent June 12, 2024, Federal Register notice added three entities to the UFLPA Entity List showing increasing focus on three additional commodities. The entities which were added are suspected of working with the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region.

The areas of increased focus include shoe and shoe materials, frozen seafood, vegetables, quick frozen convenience food and other aquatic food, and electrolytic aluminum, graphite carbon, and prebaked anodes.

To read more, check out the full register notice linked below.

Fines with disclosure

On June 24, 2024, the Assistant Secretary of Commerce, Matthew S. Axelrod signed a settlement agreement with an exporter for violations of EAR. The violations occurred because of forty-two different shipments over the course of 4 years which were classified under ECCNs 1C353. These instances were subject to export licenses, but no licenses were obtained prior to exportation.

The exporter has a compliance team and upon recognition of the issue, submitted a voluntary self-disclosure. To read more details, check out the link below.

BIS imposed a civil penalty of $44,750 for violations of the antiboycott provisions of the Export Administration Regulations (EAR)

On June 3, 2024, the BIS imposed a civil penalty of $44,750 for violations of the antiboycott provisions of the Export Administration Regulations (EAR).  In the press release, Assistant Secretary for Export Enforcement, Matthew S. Axelrod said “Our antiboycott rules against furnishing prohibited information and failing to report boycott-related requests apply with the same force even when another U.S. company is the one making the information requests.”  He goes on to say “U.S. companies are reminded to be vigilant in examining all transaction documents, regardless of the source, to ensure terms and conditions comply with our antiboycott rules.”

JAS Forwarding (USA) Inc. Compliance team members (pictured right to left) Laurie Arnold (NCBFAA Secretary) and Leah Ellis (NCBFAA Legislative Committee Chair)

JAS Forwarding (USA) Inc. Compliance team members Laurie Arnold (NCBFAA Secretary) and Leah Ellis (NCBFAA Legislative Committee Chair) attended the quarterly NCBFAA board meetings in DC discussing Ecommerce, PGA’s, transportation, and customs issues.

4th of July Fireworks

One of the most exciting things to do for the 4th of July holiday is to see fireworks with family and friends! Did you know that 88% of fireworks in the United States are imported? It is considered a very specialized product with lots of regulations. CBP seizes tons of firework shipments annually that never make it past the US port of entry. So before getting into the business of importing fireworks consulting with a customs broker like JAS is important! Happy Independence Day!!

The last 30 days have brought many updates to Section 301 duties, exclusions and more

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

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!

U.S. Commerce Department’s Bureau of Industry and Security (BIS)

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.

FDA issued guidance for Industry regarding the registration and listing of Cosmetic Product Facilities and Products

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

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:

  • Eliminate standing water in containers that could breed mosquitoes.
  • Wear long sleeve clothes and socks to avoid exposing the skin.
  • Replace outdoor lights with yellow bug lights which tend to attract fewer mosquitoes.
  • Follow necessary instructions and labels closely on insect repellents.

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