August 2024 | Customs & International Trade Law Blog

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

Solar panels from India continue to face US scrutiny for links to China forced labor. Nearly a third of the detained Indian electronics shipments were denied since October 2022.
The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, September 18, 2024, in Washington, DC.
CBP announced a solicitation for applications to set up a Centralized Examination Station (CES) for Miami International Airport. The solicitation period started Aug. 20 and will expire on Oct. 19.
CBP to host virtual forced labor seminar for Puerto Rico and US Virgin Islands importers.
On Sept. 28, CBP will deploy enhancements to the Document Image System (DIS) to facilitate export vehicle-related document submission via Electronic Data Interchange (EDI).
On Sept. 23, CBP will deploy a change in the ACE production environment (PROD) to electronically prevent filers from changing an entry via Post Summary Correction (PSC) from a non-quota entry type to a quota entry type (02).

By Jennifer Diaz|2024-08-30T10:20:01-04:00August 30, 2024|Snapshot|Comments Off

CPSC to Begin Voluntary Stage of eFiling

The Consumer Product Safety Commission (CPSC) is actively recruiting up to 2,000 importers to participate in voluntary eFiling.

What is eFiling?

In November 2022, the CPSC launched a beta pilot test of an eFiling initiative. The initiative allows importers of regulated consumer products to file electronically with CPSC and Customs and Border Protection (CBP) certain data elements from a certificate of compliance.

The goal of the eFiling process is to expedite targeting of shipments that put people at risk, but also allow importers to establish a good history of safety and to move their products more quickly through the ports.

CPSC anticipates that full implementation of eFiling will occur in or around 2025.

How to Get Started with eFiling

Importers must transmit Message Set data into CBP’s Automated Commercial Environment (ACE) system at the time of entry. There are two options to accomplish this:

Full PGA Message Set: The importer provides their broker with the full product certificate for the imported product and the broker files it in the CPSC PGA Message Set. This is recommended if the importer imports a limited number of regulated consumer products or does not repeatedly import the same product.

Reference PGA Message Set: The importer pre-enters the certificate data into the CPSC Product Registry and then provides their broker with certificate identifiers to be filed in the PGA Message Set.. This option is preferable if the importer repeatedly […]

By Jennifer Diaz|2024-08-29T17:48:49-04:00August 29, 2024|U.S. Consumer Product Safety Commission (CPSC)|Comments Off

ICYMI: Court of International Trade Tells Commerce to Verify Exporter’s Nonuse of China’s EBCP

The Court of International Trade (CIT) ruled in a recent opinion that it is unreasonable for the Commerce Department not to attempt verification of an exporter’s certificates proclaiming nonuse of China’s Export Buyer’s Credit Program (EBCP) when the exporter did not submit certificates for all its customers.

The ruling stems from an administrative review of a 2012 countervailing duty order on solar cells from China. In February 2022, Commerce initiated its Ninth Administrative Review of the order. In March 2022, the International Trade Administration (ITA) selected Risen Energy Co, a developer, manufacturer, and distributor of solar photovoltaic application products, as a mandatory respondent.

Risen reported that none of its customers used the EBCP during the period of review, and submitted non-use certificates for all but one of its U.S. customers. However, in the final results, Commerce included the Government of China’s EBCP in its calculation of Risen’s countervailing duty rate. Commerce stated that the Government of China did not provide all of the information initially requested, namely the one missing non-certificate. Therefore, Commerce concluded that Risen had failed to provide sufficient record evidence to determine non-use. Risen appealed the decision to the CIT arguing that the decision was not based on substantial evidence.

Judge Jane Restani heard the case and remanded the review of the countervailing duty order so that Commerce can attempt to verify Risen’s non-use certificates. Judge Restani stated that the conclusion that Risen failed to provide sufficient evidence based on their inability to account for a […]

By Jennifer Diaz|2024-08-26T11:49:35-04:00August 26, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

CBP released the July 2024 monthly update. Highlights:
- Identified estimated duties of nearly $7.8B to be collected
- Stopped 408 shipments for further examination based on suspected use of forced labor
- Seized 2,230 shipments that contained counterfeit goods, valued at more than $1.2B
CBP announced a Harmonized System Update (HSU) which contains 1,000 harmonized tariff records and 4,158 ABI records. HSU 2412 includes several updates to PGA HTS flag indicator for AMS (AM7) and adjustments required by the verification of the 2024 Harmonized Tariff Schedule (HTS).
CBP’s National Commodity Specialist Division (NCSD) will hold two webinars in September as a part of its 2024 NCSD webinar series.
CBP announced the agency’s 2024-2025 plan to accelerate testing and adoption of global interoperability standards, kicking off a new testing phase for innovative trade technology.
CBP published an update to the antidumping and countervailing duties (AD/CVD) […]

By Jennifer Diaz|2024-08-23T12:06:16-04:00August 23, 2024|Snapshot|Comments Off

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

CBP opened registration for the Oct. 23 Customs Broker License Exam (CBLE) on Monday, Aug. 12. Registration will close on Wednesday, Sept. 11.
CBP’s Office of Trade’s National Commodity Specialist Division (NCSD) released the list of webinars scheduled for September as part of the 2024 NCSD webinar series.
On August 17, 2024, CBP will deploy an update to the Automated Commercial Environment (ACE) that enforces the requirement to file Entry Type (ET) 86 transactions prior to or upon the arrival of the cargo.
Effective August 14, 2024, U.S. CBP personnel at all U.S. ports of entry will discontinue withholding release of tuna and seafood products harvested by Yu Long No. 2, a Taiwanese fishing vessel.
CBP announced the opening of the nation’s first and only CBP Centralized Examination Station with direct access to an Airport Air Operations Area (AOA). The setup will eliminate the need for additional transport and significantly enhance efficiency.
CBP published an update […]

By Jennifer Diaz|2024-08-16T09:54:02-04:00August 16, 2024|Snapshot|Comments Off

U.S. Department of Treasury Publishes New Website Clarifying CFIUS Penalties and Other Enforcement Actions

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee charged with reviewing certain transactions involving foreign investment in the United States to determine whether the transactions will impact the national security of the United States. The Treasury Department chairs CFIUS and the committee includes representatives from 16 federal executive departments and agencies.

In recent years, CFIUS has increased its focus on enforcement and in 2023 and to date in 2024 has issued three times more penalties than it had since its establishment nearly 50 years ago.

Treasury unveiled a new website which includes detailed information about all of the civil monetary penalties imposed by CFIUS over the last few years. The new website describes the nature of the conduct that gave rise to the penalty as well as aggravating and mitigating factors and includes three new sections: CFIUS enforcement, CFIUS mitigation, and CFIUS non-notified transactions

CFIUS Enforcement

The CFIUS enforcement section provides information on the latest CFIUS priorities and details what actions the Committee is taking to strengthen compliance and enforcement. The page also lists several enforcement actions that involved monetary penalties and outlines the details of the violation, the penalty, and any mitigating factors. For example, in 2024, CFIUS imposed a 60-million-dollar penalty against T-Mobile.

CFIUS Mitigation

The new CFIUS mitigation section provides details on CFIUS staffing and resources. The page details how staff is designated to negotiate, monitor, and enforce active mitigation agreements, conditions, and orders. The page also details how designated compliance personnel may be utilized […]

By Jennifer Diaz|2024-08-16T09:45:06-04:00August 16, 2024|news|Comments Off

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

CBP delayed the deployment of enhancements to the Document Image System (DIS) that will facilitate vehicle-related document submission for exports via Electronic Data Interchange (EDI) until further notice.
CBP announced the agency will open a new Customs Trade Partnership Against Terrorism (CTPAT) office in Laredo, Texas, by the beginning of next year.
CBP held a resume and application workshop on Aug. 1. where recruiters provided information on CBP’s hiring process.

United States Trade Representative

USTR delays start to Section 301 China tariff modifications while they continue to review comments. The final determination is expected in August 2024.

Office of Foreign Asset Control (OFAC)

OFAC updated its Compliance Hotline by transitioning to a single, user-friendly online platform to receive questions from the public. Users can now submit queries—and provide all necessary details—directly through OFAC’s new OFAC Compliance Hotline page.
Global Magnitsky designation update.

United States International Trade Commission (USITC)

By Jennifer Diaz|2024-08-09T11:45:51-04:00August 9, 2024|Snapshot|Comments Off