Imported flooring with a natural cork veneer on top should be classified based on that veneer, CBP said in a March 4 ruling. The law firm Neville Peterson requested the CBP internal advice ruling on behalf of the importer, Toryls, it said. The company said the flooring should be classified based on the layer of agglomerated cork included in the flooring.
Tim Warren
Timothy Warren is Executive Managing Editor of Communications Daily. He previously led the International Trade Today editorial team from the time it was purchased by Warren Communications News in 2012 through the launch of Export Compliance Daily and Trade Law Daily. Tim is a 2005 graduate of the College of the Holy Cross in Worcester, Massachusetts and lives in Maryland with his wife and three kids.
Several CBP land border ports are now operating “downtime procedures” due to problems in ACE, an agency official said April 1 during a call with software developers. The affected ports include Laredo and El Paso in Texas, he said. “We are seeing significant disruptions at the land border ports at this time,” he said.
International Trade Today is providing readers with the top stories from March 22-26 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
An importer of garments that were detained by CBP due to the suspected involvement of North Korean nationals in the production was unable to sufficiently show forced labor wasn't used, CBP said in a recently released ruling dated March 5. The use of North Korean labor is considered to be forced labor under the Countering America’s Adversaries Through Sanctions Act (see 1711070046). The ruling marks the first one directly focused on forced labor since 2002 (see 2001070033), according to CBP's rulings database.
The Federal Communications Commission should strengthen the agency’s equipment authorization process to make sure no devices enter the U.S. that are produced with forced labor in China, Commissioner Brendan Carr said in a March 30 speech. The FCC's approach should align with legislation introduced by Sen. Marco Rubio, R-Fla., earlier this year (see 2101290045), Carr said, according to a news release from his office. “We should do our part at the FCC by launching a proceeding that would update our equipment authorization rules to ensure that we are not approving any devices that have been produced with forced labor,” Carr said. “One way we can do this is by requiring every company that procures any devices or components from the [Xinjiang Uyghur Autonomous Region (XUAR)] to meet a heightened burden to ensure that their supply chain does not rely on any forced labor. Communist China must not profit from their human rights abuses.”
Imports of disposable gloves made by Top Glove Corporation in Malaysia may be seized by CBP as of March 29 under a finding that the company uses forced labor, CBP said in a notice released March 26. CBP's finding follows a withhold release order aimed at the company's gloves in July last year (see 2007150032). A CBP official recently said more findings are likely to come (see 2103120051).
CBP's consideration of the value that would be added with continuing education for customs brokers requirements remains a “work in progress,” said Brenda Smith, CBP executive assistant commissioner-trade, during a March 25 call with reporters. Smith, whose last day before retirement is March 26 (see 2103170057), said CBP received “a lot of comments” and “across the board, there were a number of concerns that were raised that we are going to have to think through whether the value of requiring continuing professional education outweighs” the costs. “We've got some good insight into how we could analyze those costs and benefits,” she said.
International Trade Today is providing readers with the top stories from March 15-19 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Commercial Customs Operations Advisory Committee's Forced Labor Working Group's recommendations seem to be “of a piece of a general overall attitude by U.S. importers to try and ride out the current widespread public outrage,” the Southern Shrimp Alliance said in a March 22 letter to CBP's Office of Trade Forced Labor Division Director Therese Randazzo. The SSA said “each of these recommendations appears designed to complicate and further limit the agency’s ability to effectively enforce” Section 1307 of the U.S. Code. The COAC approved the recommendations for submission to CBP at a March 17 meeting (see 2103160027).
CBP's interpretation of the “core or super-core calculation” within USMCA will have a major impact on the auto industry, with billions of dollars “at stake,” Sandler Travis lawyer Lenny Feldman said at the March 17 meeting of the Commercial Customs Operations Advisory Committee. That calculation involves the regional value content, and CBP's stance differs from Canada's and Mexico's, he said. “Prior to July 1, there are some really urgent issues, particularly in the auto industry, that need to be addressed,” said Feldman, a COAC co-chair.