Tim Warren

There's been a "reinvigoration" of forced labor enforcement issues at CBP following the repeal of the "consumptive demand" exemption last year (see 1603010043), said Alice Kipel, executive director of CBP's Office of Regulations and Rulings. The "consumptive demand" consideration served as a deterrent to companies bringing information to CBP, but with that now repealed, "we're seeing more being brought to our attention," she said. Kipel, who spoke on a panel at the American Bar Association International Law Conference on April 28, said she was speaking on her own behalf rather than for CBP.

Storage cases made by Stashlogix can't be legally imported into the U.S. because the cases are considered "drug paraphernalia" used for marijuana storage, CBP said in a April 13 ruling (here). Despite other uses for such cases, it's clear from a number of sources that the Stashlogix cases are meant for and are used for marijuana storage, the agency said. Lauren Davis, a Denver lawyer, requested a binding ruling from CBP on whether the cases constitute prohibited merchandise.

Despite a honey importer's "extensive and commendable" efforts to trace the origin of imported honey, it wasn't enough to reverse a CBP laboratory finding that led to an assessment of antidumping duties, CBP said in a Jan. 26 ruling (here). Lamex Foods, the importer, filed an application for further review of protest after CBP said lab testing of honey from one of the containers at issue showed the honey came from China. Lamex argued that the AD duties shouldn't apply because the honey is from Vietnam, not China.

A buying agent for a related manufacturing company meets the standard for "financial interest" for importing goods in the U.S. as the importer of record, CBP said in a April 6 ruling (here). The buying agent, Overseas Food Trading, sought a CBP ruling on its ability to file entries for imports of cooking oils from Pompeian, a sister company that manufactures oils and vinegars. Overseas and Pompeian entered an agreement that would have Overseas serve as the importer of record, among other things, the company said. The two companies have the same owner but operate separately, CBP said.

CBP recently posted a document (here) that provides side-by-side comparisons of 18 U.S. free trade agreements and preferential trade programs. This updated version includes a new section on whether or not "Tariff Shift Rules Updated to 2017 HTSUS" for each agreement. CBP also updated the expiration dates for the Generalized System of Preferences and African Growth and Opportunity Act (see 1506290045). CBP noted that the document, dated March 29, is for comparative purposes and isn't legally binding.

Marijuana vaporizers are prohibited from import into the U.S. regardless of the state laws on drug paraphernalia where such products are destined, CBP said in a March 24 ruling (here). Lawyers from Goodwin Proctor and Mowry & Grimson sought CBP's ruling on the vaporizer, called the CannaCloud, on behalf of CannaKorp. The "CannaCloud will be manufactured in China and exported from Hong Kong to the Port of Los Angeles, California, and from there via in-bond transportation by truck to the Port of Denver, Colorado," CBP said.

CBP remains wary of creating a Center of Excellence and Expertise entirely focused on customs brokers, said Rich DiNucci, executive director-cargo and conveyance security at CBP, during the National Customs Brokers & Forwarders Association of America annual conference April 4. Despite some early discussion of the possible addition of a CEE to focus on broker management (see 1510210017), CBP isn't inclined to further segment the importing process, DiNucci said. The CEEs will certainly evolve, "but I would say it's much too early to get into that concept now. We'll see where we are three, four years from now."

Employees for national customs permit holders may submit entries from a remote location, considered to be "customs business," as long as there's sufficient responsible supervision and control, CBP said in a March 21 ruling (here). That ruling, HQ H258892, involved Superior Brokerage Services (SBS), which holds local port permits and a "national permit in order to file entries remotely from their Minneapolis/St. Paul and Miami locations," CBP said. The company sought CBP input on whether its unlicensed employees in the Chicago freight forwarding office would be allowed to transmit entries remotely on weekends through the Automated Broker Interface (ABI), ACE or the Automated Commercial System. The law allows for only certain people to be involved in "customs business."

NEW ORLEANS -- CBP plans to propose changes to powers of attorney and cybersecurity requirements as part of an update to customs broker regulations, said Cynthia Whittenburg, deputy executive assistant commissioner at CBP’s Office of International Trade, during the National Customs Brokers & Forwarders Association of America annual conference on April 4. The agency is the process of drafting the proposal, which will then face "extensive economic evaluation" by the Office of Management and Budget (OMB). The evaluation is a requirement of a recent Trump administration executive order that requires the repeal of two regulations for every "significant" new rulemaking (see 1702070048). Whittenburg didn't give a time frame for the proposal, but the agency recently said timing would be hard to predict (see 1703070009).

NEW ORLEANS -- CBP is considering a role for customs brokers to help point out importers that may be skirting antidumping or countervailing duties as part of President Donald Trump's March 31 executive order, National Customs Brokers & Forwarders Association of America President Geoff Powell said during an April 3 panel discussion at the NCBFAA annual conference. CBP wants to get "the brokers' assistance in bonding" and figuring out "how to identify potential AD/CVD companies that are getting around it." CBP will "develop implementation plans to provide security for AD/CVD liability through bonds" within 90 days, the Department of Homeland Security said in a fact sheet about the executive order (here).