Category Archives: Trade Alerts

Boeing Files AD and CVD Petitions on Imports of Large Civil Aircraft from Canada

Monday, May 1, 2017

Boeing Files AD and CVD Petitions on Imports of Large Civil Aircraft from Canada

The Boeing Company has filed petitions claiming that Canadian producer Bombardier, Inc. is selling its C series aircraft in the U.S. at “absurdly” low prices with the help of government subsidies.  This alert outlines the scope of the petitions and the estimated schedule of investigations.

To read the full alert, please click on the following alert:

http://www.drinkerbiddle.com/insights/publications/2017/04/new-ad-and-cvd-petitions-on-canadian-aircraft?utm_source=Drinker_Communications&utm_medium=Email&utm_campaign=Canadian%20Aircraft

April 27, 2017 Pesticides and Devices EPA Deadline

Monday, April 24, 2017

April 27, 2017 Pesticides and Devices EPA Deadline

Per CSMS Message #17-000159 the next phase of the PGA implementation to ACE is EPA registered pesticides and devices.  Beginning on April 27, 2017 it will be mandatory to either report the electronic data set for EPA Form 3540-1 Notice of Arrival and the Pesticide Product Label.  In order to comply with this new requirement we will need your help. See CSMS link here:

https://apps.cbp.gov/csms/csms.asp?srch_argv=17-000159&srchtype=all&opt=1

Please begin by reviewing the attached list of the HTS’s that are flagged as EP5 (may be required) and EP6 (reporting required) to determine if your products classified under these HTS’s are regulated by EPA.  If you need assistance determining EPA applicability please review EPA’s guidance that can be found at the below link or contact the EPA Imports Hotline.

https://www.epa.gov/pesticide-registration

https://www.epa.gov/pesticide-labels

https://www.epa.gov/importing-vehicles-and-engines/forms/contact-us-about-importing-vehicles-and-engines

If it is determined that your product is regulated then provide the completed 3540-1 and Pesticide Product Label.  If your research reveals that the 3540-1 is not required because your product is not regulated by EPA then provide a completed disclaimer statement and select option A.

EP5 & EP6

Environmental Protection Agency (EPA) Pesticides Disclaimer Statement

 

 

April 27, 2017 Vehicles and Engine EPA Deadline

Monday, April 24, 2017

April 27, 2017 Vehicles and Engine EPA Deadline

Per CSMS Message #17-000159 the next phase of the PGA implementation to ACE is EPA regulated Vehicles & Engines (VNE).  Beginning on April 27, 2017 it will be mandatory to either report the electronic data set for EPA Forms 3520-1 and 3520-21 or disclaim reporting.  In order to comply with this new requirement we will need your help.  See CSMS link here:

https://apps.cbp.gov/csms/csms.asp?srch_argv=17-000159&srchtype=all&opt=1

Please begin by reviewing the attached list of the HTS’s that are flagged as EP3 (VNE data may be required) and determine if your products classified under these HTS’s are regulated by EPA.  If you need assistance determining EPA applicability please review EPA’s guidance that can be found at the below link or contact the EPA Imports Hotline.

https://www.epa.gov/importing-vehicles-and-engines/publications-and-forms-importing-vehicles-and-engines

https://www.epa.gov/importing-vehicles-and-engines/forms/contact-us-about-importing-vehicles-and-engines

If it is determined that your product is regulated then provide the 3520-1 or 3520-21 that is completed and properly signed.  If your research reveals that one of these forms is not required because your product is not regulated by EPA then provide a completed disclaimer statement and select option A.

EP3

Environmental Protection Agency (EPA) Vehicles & Engines Blanket Disclaimer Statement

 

Required Security Change for All ACE Portal Accounts

Tuesday, April 18, 2017

Required Security Change for All ACE Portal Accounts

Customs and Border Protection recently sent CSMS# 17-000217 advising of changes in the ACE portal and  then followed up with an e-mail requesting this information be disseminated to all trade associates.

Federal Regulations require that sensitive data be protected when being disseminated over the internet. Transport Layer Security (TLS) is the government approved security mechanism to protect sensitive data during internet transmission. Currently, ACE supports versions 1.0, 1.1, and 1.2 of the TLS protocol.

On May 1, 2017, U.S. Customs and Border Protection (CBP) will discontinue supporting versions 1.0 and 1.1 of TLS. To comply with government regulations, all ACE Secure Data Portal users are being notified that CBP will be phasing out versions 1.0 and 1.1 of TLS and will only support version 1.2

Please note:  The ACE Portal will not be accessible to users who operate computers that run operating systems older than Windows 7.

For more information about portal system requirements, please visit the “Using the ACE Secure Data Portal” page on CBP.gov/ACE, and scroll down to the bottom of the page. The page URL is:  https://www.cbp.gov/trade/automated/getting-started/using-ace-secure-data-portal

Customs and Border Protection Provides Guidance on the New Requirements for U.S. and Foreign Goods Returned

Friday, February 3, 2017

Customs and Border Protection Provides Guidance on the New Requirements for U.S. and Foreign Goods Returned

U.S. Customs and Border Protection (CBP) sent out CSMS 17-000046, dated January 31, 2017  providing additional guidance to the trade on U.S. and Foreign Goods Returned or HTSUS Subheading 9801.00.10 after an amendment issued by the Trade Facilitation and Enforcement Act of 2015 (TFTEA) that  expanded 9801.00.10 to include, “all products exported from and returned to the United States, regardless of country of origin.” There is no time limit to file a claim on products of a U.S. origin, but non-U.S. products must be filed within 3 years.

Additional documentation may be required or requested from an importer as this updated provision, “applies to U.S. or foreign articles returned to the United States and entered, or withdrawn from warehouse, for consumption on or after April 25, 2016.”

You can read more about this by following the link provided below:

https://apps.cbp.gov/csms/viewmssg.asp?Recid=22450&page=&srch_argv=&srchtype=&btype=&sortby=&sby

ACE TRANSITION OUTAGE DELAYS

Thursday, January 12, 2017

ACE TRANSITION OUTAGE  DELAYS

Following up on our trade alert dated Friday, January 6 stating that Customs and Border Protection will be deploying new functionality on January 14 to include DRAWBACK, DUTY DEFERRAL, RECONCILIATION, LIQUIDATION, COLLECTIONS and STATEMENTS in the Automated Commercial Environment (ACE), CBP has announced a delay.

Please note that due to the complexity of this transition, CBP is providing additional time to prepare for the final phase of the above core processing and will provide more information regarding the new deployment date in the near future.  It is to be noted however that CBP will post the liquidation notices on CBP.gov effective January 14, 2017 as planned.

For more information, please see CSMS# 17-000009 – Update on January 14, 2017 Deployment

ACE TRANSITION OUTAGE

Friday, January 6, 2017

ACE TRANSITION OUTAGE 

Customs and Border Protection will be deploying new functionality on January 14 to include DRAWBACK, DUTY DEFERRAL, RECONCILIATION, LIQUIDATION, COLLECTIONS and STATEMENTS in the Automated Commercial Environment (ACE).  With this transition, transactions supporting these capabilities must be filed in ACE and will no longer be accepted in the Automated Commercial System (ACS).

CBP will have an extended ACE outage period for this deployment beginning Saturday, January 14, 2017 at 10pm EST, and targeted to conclude on Sunday, January 15, 2017 at 8am EST. This outage window will affect all ACE applications, including Manifest and Cargo Release. CBP will issue a CSMS to confirm the conclusion of the outage window.

As with every outage window, ACE may take some time to process transactions that are queued prior to and during the outage. CBP will be monitoring incoming transactions and will address any issues encountered, however please be aware that there may be delays in clearances during this time frame.

Happy New Year From your friends at F. H. Kaysing Company!

Thursday, December 29, 2016

Happy New Year 

From your friends at F. H. Kaysing Company!

2017 is right around the corner and we want to wish you all the very best, as well as offer up a few reminders to help with your compliance measures.

The beginning of a new year provides a good opportunity to look at some of your import practices and perhaps update a few of them that may require some tweaking.

First and foremost:

A review of your tariff classification database for the following:

  • HTS updates
  • Related parties
  • Free Trade Agreements or any duty preference programs
  • Anti-Dumping Countervailing applicability

 

If you are engaged in a reconciliation program, you may want to review your broker instructions due to the changes in ACE that a blanket flag will no longer apply beginning January 14, 2017.

Is your Customs Power of Attorney up-to-date?

Do you have updated Certificates of Origin on file?

Are your Manufacturer’s Affidavits current?  Can you fully support your “US Goods” claim?

Have you determined if your continuous entry bonds are sufficient?

As always, please feel free to reach out to us with any questions or concerns you may have.  We look forward to working with you in 2017 and beyond!

Extension of FCC Form 740 Waiver

Tuesday, December 14, 2016

Extension of FCC Form 740 Waiver

The Federal Communications Commission (FCC) has extended the waiver of the requirement to file FCC data in ACE until the Commission completes its rulemaking regarding the issue.

As you recall, effective July 1, 2016, FCC flags were removed to comply the with Federal Register Notice allowing trade to be exempt from filing FCC data until the regulations are updated to no longer require the submission of FCC data on electronic entry summaries.

For more information please click on the link below:

http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db1208/DA-16-1366A1.pdf

TARIFF CHANGES 2017

Tuesday, November 29, 2016

TARIFF CHANGES UNDER THE WORLD CUSTOMS ORGANIZATION (WCO) HARMONIZED SYSTEM FOR 2017

Recommendations for amendments to the Harmonized System (HS) nomenclature that were made and adopted at the WCO Council in June, 2014 will go into force on January 1, 2017 (HS 2017).

The new version of the HS includes 234 sets of amendments. Environmental and social issues are a major feature of these amendments, due to the importance of the HS as a global tool for collecting trade statistics and monitoring trade. This is borne out by the fact that the HS Convention currently has 150 Contracting Parties, making it the WCO’s most successful international instrument to date.

The International Trade Commission has asserted that the proposed modifications would ensure substantial duty rate neutrality and have little or no significant economic effect on U.S. industry or labor.

In addition to agricultural and food products, other sections of the tariff affected by these changes include chemical products, plastics and rubber articles, wood and articles of wood, textiles, base metals, machinery and mechanical appliances, and vehicles, aircraft and vessels, as well as other sections.

For more information regarding the 2017 HS Edition, please click on the link provided below:

http://www.wcoomd.org/en/topics/nomenclature/instrument-and-tools/hs-nomenclature-2017-edition/hs-nomenclature-2017-edition.aspx