Tim Warren

Some big decisions still need to be made for the delayed post-release ACE deployment that was previously scheduled for Jan. 14 (see 1701110039), said Valerie Neuhart, acting executive director for the CBP Office of Trade Relations. The agency has yet to decide whether it will deploy all of the post-release functions at one time, as was planned, or through multiple deployments, she said. "Is there a decision yet on if it's all together or broken up into some phased approach?" she asked. "Not that I know of," she said. Specific timing also still remains uncertain, though those functionalities will be in place during 2017, she said. Neuhart, who is now in the position previously held by Maria Luisa Boyce (see 1702020063), spoke on Feb. 14 at the National Association of Foreign-Trade Zones' Legislative Summit.

The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet March 1 in Washington, CBP said in a notice (here).

The National Council of Textile Organizations CEO Augustine Tantillo sounded receptive to the idea of border adjustments that are being considered as part of a tax reform effort in Congress, during a Feb. 9 interview on the just-style website (here). "We're very excited about the possibility of having that discussion to determine whether we can eliminate that fundamental disadvantage" for U.S. textile producers in the current tax system, he said. American textile companies export about 35 percent of goods produced per year, "so if the U.S. government is going to suggest to us that 'We will rebate taxes on 35 percent of your output,' that's a strong strong pull," he said. U.S. Fashion Industry Association President Julia Hughes, who was also interviewed, voiced concern with the controversial proposal, as have other apparel groups and retailers (see 1701120028).

An International Trade Commission general exclusion order (GEO) on laminated floor panels doesn't prevent imports of several products by Innovations 4 Flooring Holding, CBP said in a Jan. 10 ruling (here). The GEO, issued in Section 337 investigation number 337-TA-545, directed CBP "to exclude laminated floor panels, regardless of the identity of their manufacturer or importer of record, that are covered by the relevant patent claims," CBP said. Innovations' products use interlocking methods that aren't covered by the patents at issue, CBP said.

Licensed customs brokers can't pay a referral fee to an unlicensed third party that promotes the brokers' services if the fee is tied to entry transactions, CBP said in a Dec. 29 ruling (here). Welke Customs Brokers USA sought a Customs ruling on whether it could enter into such an arrangement with two local non-profits. Brokers are barred from paying out commissions to unlicensed parties that are a percentage of a fee paid for broker services, the agency said.

Despite the enthusiasm for a free trade agreement with the United Kingdom after it voted to leave the EU, a formal FTA between the U.S. and UK would be at least two years off, witnesses said during a Feb. 1 joint hearing of the House Foreign Affairs Trade and Europe subcommittees (here). While there are some differing estimates on the time frames, it's clear an FTA could only come after the UK formally exits the EU, a process expected to begin in March that will take a minimum of two years, according to Daniel Hamilton, executive director of the Center for Transatlantic Relations at the Johns Hopkins University School of Advanced International Studies. Hamilton said (here) there's much that could slow a deal with the US and a more likely estimate would be at least eight years. British Prime Minister Theresa May recently said the UK would start preliminary FTA discussions with the U.S. (see 1701270048).

CBP removed PureCircle, a stevia producer, from a withhold release order that prevented imports from the company due to allegations of forced labor use, the company said on Jan. 30 (here). CBP included PureCircle in its May 20 WRO on stevia and its derivatives (see 1605310019), but no longer lists the company in the agency's list of WROs. "All PureCircle shipments have been released and business will fully resume on a regular basis," the company said.

CBP under the Trump administration should start by addressing several open issues related to imports of goods below the de minimis threshold, the National Customs Brokers & Forwarders Association of America said in a letter (here). The NCBFAA wrote to Department of Homeland Security Secretary John Kelly and Steven Mnuchin, the nominee to head the Treasury Department, on Jan. 20 with a list of priorities. The trade group raised concerns about the lack of targeting on goods that are below the de minimis level, which increased to $800 from $200 last year (see 1608250029). Imports below the de minimis level, known as Section 321 releases, can receive faster CBP processing.

Imported gold and silver square bars can be classified in the same heading as such bars in rectangular form, CBP said in a Jan. 5 ruling (here). Geiger Edelmetalle, the manufacturer of the bars, sought a CBP binding ruling through the company's lawyers at McDermott Will on the classification of square-shaped bars. While the company previously made rectangular bars, it also now offers square bars, it told CBP. "Its new square-shaped gold and silver bars will be identical in all respects to its existing rectangular-shaped gold and silver bars except that the sides will all be equal in length," it said.

CBP and ICE released statistics on their fiscal year 2016 intellectual property rights seizures (here). The statistics show that the number of seizures were up from FY 2015 (see 1604150030), as was the total manufacturer's suggested retail price (MSRP) of the seized goods, CBP said in a press release (here). The number of IPR seizures grew by 9 percent to 31,560 in FY 2016, from 28,865 in FY 2015. The MSRP of these seizures was up from $1.3 billion in FY 2015 to $1.4 billion in FY 2016.