Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • CBP launched a new electronic petition application. View here. 
  • CBP issues final rule on regulatory implementation of the Centers of Excellence and Expertise. The final rule adopts interim amendments made in a previous decision. The amendments: 
    • Establish CEEC as a permanent component of the agency 
    • Shift certain trade functions to the Centers 
    • Provide centralized decision-making authority to the Centers 
  • AD/CVD petition filed regarding aluminum extrusions – The petition filed Oct. 4 alleges that aluminum extrusions from China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam are being sold at less than fair value in the U.S. and/or benefiting from countervailable subsidies.  
  • CBP seizes potentially harmful agricultural products from Asia – the shipments contained edible birds’ nests and peanuts that were mislabeled as other products. 
  • CBP returns stolen […]
By |2023-10-09T08:34:45-04:00October 9, 2023|Snapshot, Uncategorized|Comments Off on Customs and Trade News Weekly Snapshot

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

  • CBP releases FY 2022 IPR seizure statistics. Highlights:
    • 20,812 shipments containing goods that violated IPR seized. Estimated MSRP value of seized goods $2.98 billion.
    • ICE-HSI arrested 255 individuals, obtained 192 indictments, and received 95 convictions related to IP crimes.
    • Handbags and wallets topped the list representing 30.3% of all IPR seizures.
  • CBP released the Notional Development & Deployment Schedule for Automated Commercial Environment (ACE).
  • EAPA case update: case 7783: Superior Commercial Solutions LLC (Notice of Determination as to Evasion).
    • CBP determined that there is substantial evidence that the company entered merchandise covered by AD/CVD duty orders into the U.S. through evasion. SCS imported quartz products from China by undervaluation and/or transshipment through Vietnam.
  • CBP agriculture specialists in Louisville stop shipments with almost 1,500 pounds of prohibited meat.
  • CBP to host Fall 2023 virtual career expo – during the event, interested applicants can discuss entry-level and experienced law enforcement and professional career options with CBP recruiters and attend live information sessions.

Bureau of Industry and Security (BIS)

  • BIS issues temporary denial order in support of strike force case against Russian national for illegally exporting sensitive U.S.-sourced micro-electronics with military applications to Russia.
  • A New York man was sentenced in federal court in Concord for operating an unlicensed money transmitting business that was used to export weapons to Pakistan.

United States Trade Representative (USTR)

  • USTR announced the further extension of […]
By |2023-09-08T12:49:03-04:00September 8, 2023|Uncategorized|Comments Off on Customs and Trade News Weekly Snapshot

Customs and Trade News Snapshot

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

Customs and Border Protection (CBP)    

  • The United States Court of Appeals for the Federal Circuit ruled that CBP violated a pencil importer’s right to due process by refusing to share the statistical and photographic evidence the agency used to determine that its pencils were dodging tariffs on Chinese products. 
  • CBP announces decision on hours at six ports of entry following temporary expansion 
    • During the temporary expansion, the ports of entry at Porthill, Idaho, and Maida, Northgate, and Sherwood, North Dakota, each expanded operations by two hours. The Laurier, Washington, Port of Entry expanded operations by two hours, and the Port of Del Bonita, Montana, expanded from operating five to seven days a week. CBP has decided to maintain the expanded hours at the Sherwood, Porthill and Del Bonita ports of entry. The hours at the Maida, Northgate and Laurier ports of entry will return to the hours in use before the temporary expansion. 
  • CBP cautions consumers, merchants about unsafe school supplies after a seizure of school supplies in San Juan, P.R., recently that violated federal law regulating misbranded hazardous substances or banned hazardous substances. 
By |2023-07-28T13:01:04-04:00July 28, 2023|Uncategorized|Comments Off on Customs and Trade News Snapshot

Customs and Trade News Snapshot

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

Customs and Border Protection (CBP)    

  • CBP releases June 2023 monthly update. Highlights: 
    • CBP processed more than 3.1 million entry summaries valued at more than $278 billion.  
    • CBP identified an estimated $7 billion of duties to be collected by the U.S. government.  
    • CBP seized 1,709 shipments that contained counterfeit goods valued at more than $120 million. 
    • In June, trade via the ocean environment accounted for 39.5% of the total import value, followed by air, truck, and rail. 
    • In the year after the agency began implementing the Uyghur Forced Labor Prevention Act on June 21, 2022, CBP has reviewed a total of nearly 4,300 shipments valued at nearly $1.4 billion. In June 2023, CBP stopped 405 shipments valued at more than $239 million for further examination based on the suspected use of forced labor. 
  • Altana, a New York-based startup that uses AI to map global supply chains, has been awarded a contract — $2.85 million for year one and nearly $10 million over three years — with U.S. Customs and Border Protection. The […]
By |2023-07-21T12:09:08-04:00July 21, 2023|Uncategorized|Comments Off on Customs and Trade News Snapshot

Customs and Trade News Snapshot

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

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Customs and Border Protection (CBP)

  • The National Commodity Specialist Division, Office of Trade, presented the next round of approximately 35 commodity-specific, educational webinars to support internal and external stakeholders. See the full list of webinars and RSVP here.
  • CBP Reimbursable Services Program 2023 Selection Announced – CBP announced the selection of 39 stakeholders to participate in the Reimbursable Services Program (RSP). The Reimbursable Services Program is a key component of CBP’s public-private partnerships and is an opportunity for the agency to proactively work with stakeholders and communities to identify business solutions for various border management needs. The application period opened on Feb. 1, 2017, and will remain open indefinitely, with evaluations beginning in March, July, and November of each year, CBP said.
  • Louisville CBP intercepts shipments of counterfeit designer jewelry & phone cases worth over $1.7 Million.
  • Customs and Border Protection (CBP) has advised that an updated Drawback Error Dictionary (v23) has been posted on the agency’s website here.
  • A new AD and CVD case has been filed against “Pea Protein” from China. The case was brought by Puris Proteins Ltd. The product is a high protein content protein powder made from Peas. The Department of Commerce and the International Trade Commission will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring […]
By |2023-07-14T14:34:56-04:00July 14, 2023|Uncategorized|Comments Off on Customs and Trade News Snapshot

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

  • U.S. candidate Ian Saunders elected Secretary General of the World Customs Organization
  • CBP releases Integrity and Accountability Strategy. The Strategy builds upon CBP’s previous strategy to broaden the focus of integrity in the agency beyond corruption and misconduct to better reflect an enterprise-wide commitment to integrity and accountability.
  • Agenda announced for CBP’s Inaugural Green Trade Innovation and Incentives Forum
  • Decision in EAPA Case: Scioto Valley Woodworking – CBP concluded that there is not substantial evidence of evasion as defined by EAPA.
  • Roberto Vaquero takes command as Director of CBP San Juan Field Operations
  • CBP quota bulletin: specialty sugar period 5 opening
  • Upcoming: CBP Green Trade Innovation and Incentives Forum on July 11. The event aims to drive implementation of CBP’s Green Trade Strategy by building a community that sees the international trade arena as fertile ground for climate mitigation, resilience and environmentally-beneficial innovation, and is intended to spark dialogue and exchange best practices that will help identify areas of priority action for both CBP and industry.

United States Trade Representative (USTR)

  • USTR announced Sarah Ellerman as Assistant U.S. Trade Representative for Southeast Asia and the Pacific

Department of Commerce

  • District Export Council nomination opportunity: The Department of Commerce is currently seeking nominations of individuals for consideration for appointment by the Secretary of Commerce to serve as members of one of the 61 District Export Councils (DECs) nationwide.
  • Announcement of approved International Trade Administration trade mission. This mission is U.S. aerospace & […]
By |2023-06-30T11:19:11-04:00June 30, 2023|Uncategorized|Comments Off on Customs and Trade News Weekly Snapshot

Customs and Trade Weekly Snapshot

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

Customs and Border Protection (CBP)

  • EAPA Action: CBP issued the notice of initiation of investigation and implemented interim Measures for EAPA case 7794 filed by CP Kelco U.S., Inc., against U.S. importer, Colony Gums Inc. (Colony Gums) for evasion of the applicable antidumping (AD) order A-570-985 on xanthan gum from China.
  • EAPA Action: CBP issued its determination as to evasion by Pitts Enterprises, Inc. (Pitts) in Enforce and Protect Act (EAPA) investigation 7711. Pitts was suspected of evading antidumping duty (AD) order A-570-135 and countervailing duty (CVD) order C-570-136 on certain chassis and subassemblies from the People’s Republic of China (China).
  • CBP issues Notice of intent to distribute offset for Fiscal Year 2023 – Pursuant to the Continued Dumping and Subsidy Offset Act of 2000, CBP issued a notice of intent to distribute assessed antidumping or countervailing duties (known as the continued dumping and subsidy offset) for Fiscal Year 2023 in connection with countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921.
  • Nearly 4,000 fraudulent refrigerator water filters seized by CBP at LA/LB Seaport.

Food and Drug Administration (FDA)

  • FDA Conducts Retailer Inspection Blitz, Cracks Down on Illegal Sales of Popular Disposable E-cigarettes
  • The fiscal year (FY) 2023 Over-the-Counter (OTC) monograph drug facility fees were due June 1, 2023 for qualifying owners of an OTC monograph drug facility, as described in sections 744M and 744L of the Federal Food, […]
By |2023-06-02T15:20:15-04:00June 2, 2023|Uncategorized|Comments Off on Customs and Trade Weekly Snapshot

CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act

Background

The Uyghur Forced Labor Prevention Act (“UFLPA”) went into effect on June 21, 2022. The law creates a rebuttable presumption that imports of all goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China (“Xinjiang”), or by entities identified on the UFLPA Entity List, were made using forced labor and are prohibited from entry into the U.S. under 19 U.S.C. § 1307. For more information about the UFLPA, please see our previous blog articles here and here. U.S. Customs and Border Protection (“CBP”) has been vigorously enforcing this law, detaining hundreds of attempted import shipments every month under both the UFLPA and Withhold Release Orders for suspected forced labor violations.

Importers that have a shipment detained under the UFLPA can seek to have the shipment released under one of two paths. They can either:

  • show that in spite of the fact that the goods were produced wholly or partially in Xinjiang or by an entity on the UFLPA Entity List, they were not in fact made using forced labor; or
  • show that neither the goods nor the inputs used to make the goods were produced wholly or partially in Xinjiang and have no connection to entities on the UFLPA Entity List (i.e., that the goods fall outside the scope of the UFLPA).

Taking the second path means requesting an “admissibility review.”

Last year, pursuant to the UFLPA, the Department of Homeland Security published a Strategy to Prevent the Importation of Goods Mined, […]

By |2023-03-09T20:19:21-05:00March 9, 2023|China, Forced Labor, Import, International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS), Uncategorized|Comments Off on CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act

Customs and Trade Law Weekly Snapshot

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

 

 

 

 

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