United States Customs and Border Protection (CBP), one of the principal agencies under the leadership of DHS, has released an updated list detailing items prohibited from entry into the US. These goods fall under a variety of classifications, including “dangerous toys, cars that don’t protect their occupants in a crash, bush meat, or illegal substances like absinthe and Rohypnol”.
List 3 Exclusion Requests to Open June 30 via Online Portal
On May 9, 2019, the office of the United States Trade Representative (USTR) published a Federal Register Notice announcing that an exclusion process will become available for goods on List 3. The Proposed Section 301 Modification is set to increase the current tariffs on goods listed in the Annex from a 10 percent ad valorem to a 25 percent ad valorem.
On Monday, June 24, 2019, USTR released a Notice detailing the exclusion process. As discussed in our previous blog, USTR confirmed that the process will open up via an online portal on June 30, 2019. Exclusions may be posted between noon on June 30 until September 30, 2019.
REGISTRATION NOW OPEN – 2019 CBP TRADE SYMPOSIUM
This year’s symposium will include discussions on:
- Trade Transformation (Port of the future/ Emerging Technology)
- Northern Triangle (Immigration & crime from Central/South America)
- E-Commerce
- Intellectual Property Enforcement
- Trade Remedies
- Forced Labor
The Symposium will also offer One-on-One Center Discussions!
If you want a more detailed description of the event, CBP has provided a tentative agenda!
If you want to learn more about what you will learn, who you will meet and why you should attend – we have recaps of previous CBP Trade Symposiums HERE.
Let us know if we will see you there (email info@diaztradelaw.com). We would love to meet up with you and help ensure that you make valuable connections! See you at the CBP 2019 Trade Symposium.
UPDATE: USTR Increases Section 301 Tariffs to 25% Duty for Products on List 3
Since September 17, 2018, the trade industry has been bracing themselves for the increase of China tariffs from 10% to 25%. The trade community has enjoyed a few months of postponements – January 1st, 2019 to March 1st, 2019. The postponements led many to believe the increase was unlikely, until May 6, when the President emphatically stated that “the 10% will go up to 25% on Friday [May 10, 2019].” via twitter. Only three days later and USTR has officially announced the anticipated 25% increase is effective on 12:01 am, May 10, 2019.
China Tariff Hike Postponed – USTR to Establish an Exclusion Process – Seminar on “China Tariffs/AD/CVD 101”
The on-going trade war continues as China and the US make progress to come to an agreement. For background information on past actions taken by the Trump Administration to protect American Intellectual Property, check out our previous blogs.
China Tariff Increase is Postponed
President Trump reported in a February 24th tweet that as a result of the “substantial progress” in trade negotiations with China on “important structural issues” he will be delaying the increase from 10 percent to 25 percent in the additional Section 301 tariffs on the List 3 goods (valued at about US$200 billion) that is scheduled to take place on March 2nd. To formalize the extension, the administration will have to publish a Federal Register notice stating the Section 301 additional tariff on the so-called List 3 products will remain at ten percent for now and the notice will likely provide the new date for the tariff increase. To date no formal notice has been published.
Update – Deadline Approaching – A Snapshot of Section 301 Duties & Your Options!
The trade war has kept members in the trade industry on their toes – here is a recap.
Effective Dates:
For importers being hit by additional duties, it is crucial to know when the additional duties are effective and must be paid. USTR has issued three lists under 301 Section Trade Remedies. We urge importers to get to know which list their products are subject to, and develop an action plan. Continue Reading
Why Your Freight Forwarder MUST Segregate Hazardous Materials
It’s important to understand why freight forwarders take certain steps prior to shipping your goods. We previously discussed why it’s important to complete a Shipper’s Letter of Instruction. Now we are addressing why your Freight Forwarder segregates your hazardous materials, even if you request otherwise. The fines for non-compliance are severe. 49 CFR 107.329 provides for the maximum civil penalty amounts. Violators that knowingly violate hazardous material transportation laws and regulations may face no more than a $78,376.00 penalty for each violation, but if the violation results in death, serious illness, severe injury to any person, or substantial destruction of property the maximum civil penalty is $182,877.00. There is no minimum civil penalty, except for a minimum civil penalty of $471 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense. Continue Reading
Drug Paraphernalia, Priority Trade Initiatives, & Forced Labor
You don’t want to miss this one!
What: Drug Paraphernalia, Priority Trade Initiatives, & Forced Labor – An Update on CBP Enforcement
When: November 27th, 2018, 12:00PM-1:00PM EST
RSVP TODAY!
Bioengineered Food Labeling
In our July 27, 2018 blog , we explained what bioengineered (BE) food is and informed you about the United States Department of Agriculture’s (USDA) Agricultural Marketing Service’s (AMS) new proposed rule for BE foods. The new rule is a result of the 2016 amendment to the Agricultural Marketing Act of 1946, which would require food manufacturers and other entities that label foods for retail sale to disclose information about BE food and BE food ingredient content. The amended Act directs the Secretary to establish the National Bioengineered Food Disclosure Standard (NBFDS) for disclosing any BE food and any food that may be bioengineered. This proposed rule is intended to provide a mandatory uniform national standard for disclosure of information to consumers about the BE status of foods. The standardized disclosure of information will facilitate food purchasing for consumers by eliminating the current uncertainty when purchasing food; effectively improving overall consumer confidence, without harming food manufacturing; and providing farms and production companies a logical, consistent standard for future labeling and packaging. Continue Reading
A Snapshot of Section 301 Effective dates and Deadline for Exclusion Request
The trade war has kept members in the trade industry on their toes – here is a recap.
Effective Dates:
For importers being hit by additional duties it is crucial to know when the additional duties are effective and must be paid. USTR has now issued three lists under 301 Section Trade Remedies. We urge importers to clearly understand which list their products are subject to and develop a business plan on how to prepare for additional import costs. Continue Reading