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

CBP PUBLISHES FINAL RULE FOR CUSTOMS BROKER CONTINUING EDUCATION

June 30, 2023

On June 23, Customs and Border Protection (CBP) published in the Federal Register its much-anticipated final rule for Continuing Education for Licensed Customs Brokers. The rule will be effective as of July 24, 2023. The final rule closely resembles the proposed rule that was published on September 10, 2021, with some minor changes. Some key elements of the rule:

  • Individual brokers will be required to complete at least 36 continuing education credits per each triennial reporting period.
  • Individual brokers will be required to certify compliance as a part of the filing of their triennial status reports. Records to substantiate the credits earned must be maintained but will only need to be provided to CBP upon request.
  • The first reporting period that it will apply to will be the 2024 to 2027 period.
  • For the triennial period beginning on February 1, 2024, CBP will reduce the 36 continuing education credits, required to be completed, by six credits for approximately every six months that elapse between February 1, 2024 and the compliance date on which individual brokers may begin completing qualified continuing broker education courses.
  • The actual number of credits required for the 2024 to 2027 period and the date from which brokers can start earning credits will be announced in a subsequent Federal Register notice.
  • CBP will utilize the System for Award Management (SAM) to vet and approve qualified accreditors to accredit training and educational activities.
  • CBP-selected accreditors will not be allowed to self-certify the party’s own training and educational activities.

CBP has also created a new page on its website to obtain information on this requirement going forward. link to the Federal Register notice
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Latest News

Updates 3/27/25

In an Executive Order published on March 24, 2025, the administration has announced 25% tariffs on countries that import oil from Venezuela.  The order states that “On or after April 2, 2025, a tariff of 25 percent may be imposed on all goods imported into the United States from any country that imports Venezuelan oil...”  These duties will be supplemental to duties already imposed such as IEEPA, Section 232, Section 301 China tariffs, etc.

Additionally the President signed an executive order on March 26 applying Section 232 duties to automobiles, light trucks and auto parts (such as transmissions/powertrain parts, engines and engine parts etc.).  The rate of duty will be 25% and this will go into effect starting April 3.  It will not apply to USMCA parts until a process has been established to account for the non-US content of auto parts.  If additional parts are to be tariffed, there will be a Federal Register notice as soon as practicable after the Commerce Secretary’s decision, and the tariffs will be collected one day after that notice.

Finally in response to a question yesterday, the President indicated that Lumber Tariffs may come starting on April 2.

Tariffs-Updates

Tariffs on Imports

Note this information is subject to change

Canada

• 25% IEEPA tariff on goods not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• 10% IEEPA tariff on potash not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• 10% IEEPA tariff on energy not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• IEEPA tariffs became effective March 4, 2025.

• March 7, 2025 the carve out for USMCA became effective.

• USMCA qualified goods can be entered without the additional IEEPA rate.

• There’s no mechanism to recover duties paid from March 4 through March 6 on USMCA goods.

• If eligible for USMCA based on USMCA rules of origin, then IEEPA tariff will not apply.

Mexico

• 25% IEEPA tariff on goods not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• IEEPA tariffs became effective March 4, 2025.

• March 7, 2025 the carve out for USMCA became effective.

• USMCA qualified goods can be entered without the additional IEEPA rate.

• There’s no mechanism to recover duties paid from March 4 through March 6 on USMCA goods.

• If eligible for USMCA based on USMCA rules of origin, then IEEPA tariff will not apply.

China

• IEEPA 20% tariff on all imports.

• Was initially 10% but was increased to 20% on March 4, 2025.

• Started on February 4, 2025.

• Goods on final leg destined to the US prior to February 1 and arriving before March 7, 2025 were eligible for an exemption on the IEEPA tariff.

• Existing Section 301 tariffs still in affect on top of IEEPA tariffs.

• Tariffs stack including IEEPA, 301 and 232 tariffs.

• Existing Section 301 exclusions are still in effect until their expiry date.

Section 232: Steel & Aluminum Tariffs

• All non-US steel and aluminum tariffs are 25% regardless of origin

• 25% tariffs expanded to include derivative products.

• No more exclusion process

• No Drawback allowed

• End of quota agreements with affected countries

• FTZ admissions must be in Privileged Foreign Status

• Listing of affected HTS codes and their corresponding chapter 99 program tariff can be found at the link below.

International Emergency Economic Powers Act (IEEPA)

• Grants the U.S. President authority to regulate commerce in response to national emergencies.

• Used to impose economic sanctions, restrict trade, or freeze assets of individuals, companies, or governments.

• Aims to protect U.S. national security and foreign policy interests.

• No drawback allowed

TARIFF WEBINAR

JAS Forwarding (USA) Inc. Compliance Team is pleased to announce that we will be hosting a webinar on all things tariffs on March 25, 2025, at 3PM Eastern time.

On the agenda, we will cover Canada tariffs, Mexico tariffs, China tariffs, Steel & Aluminum, reciprocal tariffs and much more.

Our own Laurie Arnold and Scott Cassell will discuss tariffs and answer questions. Check out our webinar flyer and the link to the registration page below.

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