CBP's proposed rule to impose new importer verification requirements on brokers would transfer the government's oversight of importers on to brokers, FedEx said in comments to CBP on the proposal (see 1908130031). "CBP, as a law enforcement agency, should be the party primarily charged with verifying importer identity for security purposes," the company said. CBP should instead implement Section 114 of the Trade Facilitation and Trade Enforcement Act, which called on CBP "to develop criteria that an importer must meet in order to obtain an" Importer of Record number, FedEx said.
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.
The Office of the U.S. Trade Representative is updating its notice on the coming tariffs on imports from Europe (see 1910020044) to add some new Chapter 99 numbers and remove a mistakenly listed subheading, the agency said in a notice. The agency deleted subheading 0406.90.14, which includes Gouda and Edam cheeses, it said. USTR also added 1602.49.20, which covers some pork products, to replace a misnumbered subheading, it said.
CBP is seeking public input on plans to update its regulations that would change how the agency handles imported goods with suspected copyright violations, CBP said in a notice. The proposal is a result of the Trade Facilitation and Trade Enforcement Act, which added some new pre-seizure disclosure requirements for possible violations of the Digital Millennium Copyright Act, it said. Such disclosures would only occur when the copyrights were previously recorded with CBP, it said. Comments are due Dec. 16.
The country of origin for Fitbit wearable smart devices is based upon where the printed circuit board assemblies are manufactured, CBP said in an Oct. 3 ruling. CBP's decision came in response to a binding ruling request from the company through its lawyer, John Shane of Wiley Rein. CBP discussed multiple sourcing scenarios with Fitbit as part of the ruling request, the agency said. Fitbit recently announced it would shift sourcing outside of China (see 1910090053).
The proposed minimum information requirements for broker verification of importer clients includes some onerous provisions that could reduce the use of customs brokers, the National Customs Brokers & Forwarders Association of America said in comments to CBP on the proposal (see 1908130031). The proposal seems to let self-filers avoid the verification requirements, which seems likely to promote the use of self-filing by the parties that are being targeted by CBP, the group said. Comments on the proposal are due Oct. 15.
CBP added the ability in ACE for importers to file entries with recently excluded goods in the second tranche of Section 301 tariffs on Oct. 8, it said in a CSMS messages. For the second tranche exclusions, filers of imported products that were granted an exclusion (see 1909300041) should report the regular Chapters 39, 70, 73, 84, 85, 86 and 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.20. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when" subheading 9903.88.20 is submitted, CBP said.
CBP's role in considering Section 301 exclusion requests is limited to a review of drafted exclusions from the Office of the U.S. Trade Representative, a CBP spokesperson said. Asked whether CBP sees the full exclusion requests in their entirety, the spokesperson said "CBP does not review individual petitions for exclusions to the remedy." USTR "evaluates and approves requests for exclusions to the China 301 remedy," the CBP spokesperson said.
CBP didn't find "substantial evidence" to demonstrate that glycine importer Newtrend USA evaded an antidumping duty order, the agency said in a final determination posted Oct. 4. The finding, which is dated Sept. 25, seems to be the first time CBP did not find evidence of evasion under CBP's Enforce and Protect Act process. CBP began its investigation following an allegation filed by Salvi Chemical Industries in 2018 (see 1903180021) that said Newtrend USA used transshipment through Thailand to avoid AD order A-570-836 on glycine from China.
CBP's requirement that consignees appoint customs brokers to be importers-of-record on Type 86 entries creates "a significant business risk and is likely to deter customs brokers from filing type 86 entries," the National Customs Brokers & Forwarders Association of America said in comments on the agency's test of the entry type (see 1908120019). The new entry type is being tested as a way to file informal entries in ACE for low value shipments. CBP is accepting comments through the duration of the test.
CBP will investigate a total of 11 xanthan gum importers in two separate proceedings based on allegations from CP Kelco, the agency said in notices dated Aug. 12 posted by CBP on Sept. 25. CP Kelco's allegations claimed that the imports were transshipped through Malaysia or India to evade antidumping order A-570-985 on xanthan gum from China. Among other things, CP Kelco noted that "xanthan gum is only produced in Austria, France, the United States, and China."