Tim Warren

CBP will not enforce changes to the agency's in-bond regulations for another six months beyond when the agency previously planned to enforce the new rules, it said in a Jan. 4 CSMS message. The agency previously planned to stop accepting paper copies of CBP Form 7512 for input of in-bond records on Jan. 8, but now that won't take place until July 2, it said. "CBP Officers will continue to accept paper CBP Form 7512 and input the data on the trade’s behalf until July 2," the agency said.

Solar panels used solely in educational settings should still be classified as solar panels, potentially subject to antidumping and countervailing duties, CBP said in a Sept. 25 ruling. Pitsco Education sought internal advice through the Center of Excellence and Expertise for Machinery on the classification of the solar panels and complementary components, such as solar-powered cars, that "impart an understanding of solar energy principles." Pitsco claimed that all the merchandise is properly classified in heading 9023 "as instruments or parts of models or apparatus designed for demonstrational purposes."

CBP is still looking at the reason behind an internal ACE issue that left some agency users unable to access several functions (see 1712220011), a CBP spokesman said. The problems began on Dec. 22 when "internal CBP users who were not already logged into certain functionality associated with [ACE] were unable to access that functionality," he said. "A root cause analysis on the reason for the issue is underway. Internal users who were already logged in when the issue began were able to continue working."

The U.S. Court of Appeals for the Federal Circuit agreed with a Court of International Trade decision on the classification of a chemical as a derivative of an amide despite the lack of a transformation process, the CAFC said in a Dec. 21 ruling. CIT previously ruled that the chemical, imported by Chemtall, is not an amide because, according to the Explanatory Notes (ENs), amides include only an amide functional group (see 1605260031). The lawsuit hinged on the question of whether the inclusion of a heteroatom within the chemical structure of acrylamide tertiary butyl sulfonic acid (ATBS) means ATBS cannot be considered an amide.

The Treasury Department published its fall 2017 regulatory agenda for CBP. The agenda doesn't include any new rulemakings involving trade. Previously listed rulemakings, including a proposal to update to the (a)(1)(A) list of records required for the entry of merchandise and changes to drawback regulations, continue to be on the agenda. The Department of Homeland Security also issued its regulatory agenda (see 1712150011).

The Department of Homeland Security (DHS) published its fall 2017 regulatory agenda for CBP. The agenda includes a first mention of a rulemaking on customs broker regulatory modernization. Among other things, "CBP will propose to update the requirements on responsible supervision and control," it said. The agency is aiming to release a proposal in June. The long-discussed update to customs broker regulations in 19 CFR Part 111 was said to be on hold indefinitely earlier this year due to the deregulatory efforts of the Trump administration (see 1703070009). The proposal is considered to be "deregulatory" by the Office of Management and Budget, something CBP was hoping for (see 1707270022).

CBP should remove from its regulations a limit of "one shipment per day" for imports under $800, the National Association of Manufacturers said in comments to the agency about rules considered onerous (see 1712120024). That shipment limit goes against "modern business practices where manufacturers may need to import commodities, component[s] or other goods on a 'just in time' basis," NAM said. "Manufacturers recommend that CBP eliminate the one shipment per day provision to be consistent with the" Trade Facilitation and Trade Enforcement Act, which raised the dollar value of the de minimis threshold.

A freight forwarder with the proper authorization may sign a continuous customs bond, which CBP considers to be "customs business," for an importer, that agency said in a Sept. 26 ruling. The ruling request came from the Miami Field Office following a broker compliance audit that found a foreign importer to be using a continuous customs bond singed by its freight forwarder, CBP said in HQ H251059. Actions constituting "customs business" typically require a valid broker license and district permit.

CBP will begin a mobile collections and receipt (MCR) pilot program before Jan. 8, 2018, the agency said in a notice. "CBP is working towards the elimination of cash and check payments of maritime taxes and fees by allowing for electronic payments and automating the collection and receipt process," it said. The pilot will help the modernization by testing a "new optional electronic payment method, automating the calculation of fees, and introducing electronic receipts," CBP said. The pilot will involve "tonnage taxes and light money, Consolidated Omnibus Budget Reconciliation Act (COBRA) user fees, Agriculture Quarantine and Inspection (AQI) user fees, and navigation fees," it said.

UPS acquired Sandler & Travis Trade Advisory Services (STTAS) on Nov. 30, UPS said in a Dec. 4 news release. STTAS, the consulting and trade compliance arm of the Sandler Travis law and lobbying firm, "will continue to provide its same services, from the same offices with use of the same personnel," STTAS said in a news release. It will also "continue to serve as a resource" for Sandler Travis "on joint client issues as it has in the past." Terms of the deal weren't disclosed.