Here is a recap of the latest customs and international trade law news:

U.S. Food and Drug Administration
  • The U.S. Food and Drug Administration (FDA) issued a final rule to improve access to hearing aids which may in turn lower costs for millions of Americans. This action establishes a new category of over-the-counter (OTC) hearing aids, enabling consumers with perceived mild to moderate hearing impairment to purchase hearing aids directly from stores or online retailers without the need for a medical exam, prescription or a fitting adjustment by an audiologist.
    • The effective date for the final rule is 60 days following publication in the Federal Register. Manufacturers of hearing aids sold prior to the effective date of the final rule will have 240 days after its publication to comply with the new or revised requirements.
  • The U.S. Food and Drug Administration released a bulletin stating that Kraft Heinz is announcing a voluntary recall of approximately 5,760 cases of Capri Sun Wild Cherry Flavored Juice Drink Blend beverages due to potential chemical contaminants.

U.S. Customs and Border Protection 

  • The U.S. Customs and Border Protection (CBP) released their July 2022 monthly operational update.
    • In July 2022 alone, CBP processed more than 2.8 million entry summaries valued at more than $280 billion, identifying estimated duties of nearly $8.9 billion to be collected by the U.S. government. In July, trade via the ocean environment accounted for more than 47.46 percent of the total import value, followed by air, truck, and rail.
    • In July 2022, CBP seized nearly 1,669 shipments that contained counterfeit goods valued at more than $340 million.
  • U.S. Customs and Border Protection (CBP) has received several reports from members of the customs brokerage community indicating that they no longer receive the electronic delivery of CBP Forms 28, 29, and 4647 to their ACE Secure Data Portal Accounts following the April 23, 2022, ACE Forms Modernization deployment.

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

  • The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Liberian government officials Nathaniel McGill, Sayma Syrenius Cephus, and Bill Twehway for their involvement in ongoing public corruption in Liberia. These officials are designated pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world.

Federal Trade Commission 

  • The Federal Trade Commission (FTC), provided consumers a few back-to-school tips to keep in mind when protecting yourself from scammers.
    • Check refund and return policies, especially on sale or clearance items. Sellers often have different (and stricter) refund and return policies for sale items and dishonest sellers will use tricky disclosures and fine print to deny refund requests.
    • Use a credit card for online purchases, if possible. Credit cards offer the most protection against fraud, including the right to dispute charges if there are problems with your purchase.
    • Always save your receipts or confirmation emails. If something goes wrong, these will help you get your money back from the seller or file a dispute with your credit card company.
    • You don’t have to accept shipping delays. If you bought something online and never got it, notify the seller as soon as possible. If the seller hasn’t shipped the item within the timeframe they promised when you bought it, the law says you can cancel the order for a full refund.
    • Look for pre-checked boxes. It’s illegal, but some businesses use these hoping you won’t notice that you’re agreeing to be billed later. Uncheck the box if you don’t agree with what it says. If you want to change or cancel a subscription or automatic charges, sellers must give you an easy way to cancel.

U.S. Department of Commerce 

  • The Department of Commerce (DOC) has made it a top priority to drive U.S. innovation and global competitiveness in critical and emerging technologies such as artificial intelligence (AI).
    • Recognizing the growing importance of AI and the impact it can have for transforming our economy, industries, and society, the International Trade Administration (ITA) is requesting public comments to gain insight on the current global AI market and stakeholder concerns regarding international AI policies, regulations, and other measures which may impact U.S. exports of AI technologies.
    • Comments must be submitted in writing by October 17, 2022.
  • DOC  initiated the less-than-fair-value (LTFV) investigations of imports of certain preserved mushrooms from the Netherlands, Poland, and Spain. Previously, the preliminary determinations were due no later than September 7, 2022. However (the petitioner) submitted a request to postpone the preliminary determinations in the LTFV investigations for the Netherlands, Poland, and Spain due to concerns the DOC will need more time to issue supplemental questionnaires to address deficiencies in the respondents’ initial questionnaire responses. The DOC agreed and extended the date by 50 days (190 days after the date on which these investigations were initiated).

U.S. Department of Transportation

  • The U.S. Department of Transportations, Pipeline and Hazardous Materials Safety Administration (PHMSA) is correcting a final rule that was published in the Federal Register on July 26, 2022. The final rule was published to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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