Brian Feito

MIAMI – CBP’s ACE priorities will include implementation of existing legislation and urgent fixes to the truck environment after it completes ACE “core” in January and moves into a more difficult “operations and maintenance” funding environment, said Josephine Baiamante of CBP’s ACE Business Office at the Florida Customs Brokers & Forwarders Conference of the Americas on Nov. 14. The agency will also look at ways to work with other Department of Homeland Security agencies through ACE, before turning to a list of other capabilities the trade community has requested.

The Justice Department's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published its 2016 Annual List of Explosive Materials, it said (here). The list takes effect Nov. 16. In a change from previous lists, ATF is correcting the name for "xanthomonas hydrophilic colloid explosive mixture” and removing the term “special fireworks” from the list of explosive materials.

MIAMI -- The Food and Drug Administration hopes to publish its final rule on ACE filing requirements by the end of November, said John Verbeten of FDA’s Division of Import Operations at the Florida Customs Brokers & Freight Forwarders Conference of the Americas on Nov. 14. The final rule, which follows a controversial proposal issued in June (see 1606300020), will be followed “sooner rather than later” by changes to FDA’s ACE Supplemental Guide to implement the new regulatory provisions, he said.

MIAMI -- The Federal Maritime Commission will continue to monitor the effects of the recently created OCEAN Alliance, and still has the authority to block the alliance should it decide the new alliance has too much power over the shipping market, FMC Commissioner Daniel Maffei said at the Florida Customs Brokers & Freight Forwarders Conference of the Americas on Nov. 14. Though sometimes interpreted as affirmatively approving alliances, FMC actually decides only whether to block an alliance, he said. That requires FMC to demonstrate in court that an alliance has an excess of market power, but FMC retains the ability to bring such a case at any time, Maffei said.

MIAMI -- Prospects for U.S. implementation of the Trans-Pacific Partnership are “unclear” following the election of Donald Trump as the next president, said Sushan Demirjian, assistant deputy trade representative for market access and industrial competitiveness at the Office of the U.S. Trade Representative, at the Florida Customs Brokers & Freight Forwarders Conference of the Americas on Nov. 14. Despite much “speculation,” nobody can say for sure what will happen to the agreement, said Demirjian, who helped negotiate the deal. It now seems like implementation legislation will not be taken up before Trump takes office, with Senate Majority Leader Mitch McConnell, R-Ky., indicating Congress won’t consider it during the lame-duck session (see 1611100009). Still to be determined in the transition of presidential administrations, however, are the heads of key economic agencies and the position of congressional leadership, she said. Until that becomes clear, “it’s really difficult to predict anything,” Demirjian said. One early indication of TPP’s prospects will be the USTR’s annual trade report and trade policy agenda, coming in March, which will indicate what the new administration is looking to do in the short term, she said.

The Commerce Department will order suspension of liquidation and impose antidumping and countervailing duty cash deposit requirements on imports of heat-treated 5050-grade aluminum alloy extrusions from China, it said in the preliminary results of an anti-circumvention inquiry. The agency preliminarily found Chinese companies have recently started exporting 5050 alloy extrusions in an attempt to avoid duties on aluminum extrusions from China (A-570-967/C-570-968). Though 5-series extrusions aren’t listed in the scope of the AD/CVD orders, the merchandise is nearly identical to products listed in the scope and was developed after the scope was written, Commerce said.

The following lawsuits were filed at the Court of International Trade during the week of Oct. 31 - Nov. 6:

The following lawsuits were filed at the Court of International Trade during the week of Oct. 24-30:

CBP appears to have backed away from a recently adopted policy of rejecting protests filed to claim benefits under the Generalized System of Preferences and several other trade programs, following a Court of International Trade decision issued in August that found GSP claims are protestable (see 1608050038). The importer behind the successful challenge, Zojirushi, had its protest granted and received its refund, said its lawyer, John Peterson of Neville Peterson. “There will be no appeal,” he said. “The Department of Justice appeared satisfied with the result, as well, and assisted us in getting the refunds.” CBP and DOJ did not immediately comment.

The following lawsuits were filed at the Court of International Trade during the week of Oct. 17-23: