CBP's plans for a new data element in ACE cargo release for the Chinese postal code are “on hold,” the agency said in a CSMS message Nov. 1. “The deployment for Uyghur Forced Labor Prevention Act (UFLPA) Region Alert is postponed until further notice,” CBP said. “The Office of Trade is actively working with impacted users to address concerns. A follow up CSMS message will be issued once a new deployment date is determined.”
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
CBP officials raised the prospect of an indefinite delay to their plans to add a new data element for the Chinese postal code to cargo release filings, after customs brokers and software developers raised concerns about the new requirement during a regular bi-weekly call to discuss ACE on Oct. 27.
FDA has issued its Enforcement Report for Oct. 26, listing the status of recalls and field corrections for food, cosmetics, tobacco products, drugs, biologics and devices. The report covers both domestic and foreign firms.
CBP plans to add a new mandatory data element for entries of goods that originate in China as part of its efforts to enforce the Uyghur Forced Labor Protection Act. The agency will on Dec. 15 deploy a new “UFLPA Region Alert” capability in ACE, a CBP spokesperson said Oct. 26, making “postal code” a “required field” when “Country of Origin is China for Entry and for Manufacturer Identification Code (MID) creation,” according to a recent update to the agency’s ACE development schedule.
CBP has released shipments targeted under the Uyghur Forced Labor Prevention Act based on “applicability," where the importer successfully proves the goods aren’t subject to the UFLPA because they aren’t connected to the Xinjiang region of China, a CBP official said. However, the agency has yet to see an attempt to prove goods subject to UFLPA aren’t made with forced labor, the official said.
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The right third-party auditor is critical to the chances of success a foreign supplier may have in getting a withhold release order lifted on its products, customs lawyer Jessica Rifkin of Ben L. England and Associates said on Oct. 20. “The most important decision” that a producer can make is selecting an auditor whose results will be "credible and reliable,” she said during a webinar hosted by the National Customs Brokers & Forwarders Association of America.
FDA has issued its Enforcement Report for Oct. 19, listing the status of recalls and field corrections for food, cosmetics, tobacco products, drugs, biologics and devices. The report covers both domestic and foreign firms.
CBP released on Oct. 18 its new handbook on customs broker rules and procedures. The “Customs Broker Guidance for the Trade Community is a “resource for brokers conducting customs business in compliance with CBP regulations,” including information on long-standing requirements for customs brokers as well as new requirements under the Part 111 final rule issued by CBP on Oct. 18 (see 2210170071).
CBP provided more detail on factors it will consider when determining whether a customs broker is employing a “sufficient” number of licensed brokers under its new responsible supervision and control framework from the Part 111 rewrite (see 2210170071), in fact sheet released Oct. 19.