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CBP CSMS Messages and Web Postings

U.S. Customs and Border Protection has again posted the final versions of two Importer Security Filing (ISF) transaction sets, the ANSI X12 309 Manifest with Security Filing and the ANSI X12 309 Importer Security Filing. The first set has been corrected to state that it is in final form and conforms to the 10+2 interim final rule. Both sets also have new posting dates and may include additional changes. (See ITT's Online Archives or 12/16/08 news, 08121605, for BP summary of CBP finalizing these ISF transaction sets.) (ISF transaction sets available at http://www.cbp.gov/xp/cgov/trade/automated/automated_systems/sf_transaction_sets/)

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1. Importer Security Filing Transaction Sets

2. CATAIR Amendment 31 Posted

CBP has posted Amendment 31 to the Customs and Trade Automated Interface Requirements (CATAIR) document. According to CBP, the CATAIR has been amended as follows (partial list):

Air In-Bond

Record Identifier QX20 (Input) - Deleted "Country Code of Importing Carrier," "Importing Conveyance Name," "Lloyds Vessel Code," "District/Port of Importing Conveyance Arrival," and "Foreign Trade Zone FIRMS Code" data elements.

Record Identifier WX20 (Input) - Made edits in "Port of Arrival, Departure or Export," "Bonded Carrier ID," "City Name," "Importing Carrier Code," "Flight Number" and "Scheduled Arrival Date," data element. Deleted "In-bond Carrier Code" data element.

In-Bond

Record Identifier QP30 (Input) - Made edits in description of "Action Code," "Sequence Number," "Issuer Code of Master Bill Number," "House Bill Number" and "Sub-House Bill Number" data elements.

Record Identifier WP20 (Input) - Made edits in description of "Export Conveyance" data element.

Appendix A - Cross Reference

Deleted data elements from changes in Air In-Bond Chapter.

(See ITT's Online Archives or 12/16/08 news, 08121610, for BP summary of CBP again delaying ABI air in-bond deployment.)

(Amendment 31, dated December 2008, available at http://www.cbp.gov/linkhandler/cgov/trade/automated/automated_systems/abi/catair/changes/change_31.ctt/change_31.doc)

3. CBP Notice on Bolivia's Suspension from ATPA/ATPDEA

CBP has issued a memorandum on Presidential Proclamation 8323's suspension of Bolivia from the list of countries eligible to receive benefits under the Andean Trade Preference Act (ATPA)/the Andean Trade Promotion Drug Eradication Act (ATPDEA), effective December 15, 2008. (See ITT's Online Archives or 12/05/08 news, 08120505, for BP summary on Proclamation 8323. See ITT's Online Archives or 12/09/08 news, 08120935 1, for BP summary of CBP's memo regarding the impact of Proclamation 8323.) (TBT-08-019, dated 12/16/08, available at http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/textiles/tbts/tbt2008/tbt_08_019.ctt/tbt_08_019.doc)

4. CBP Cannot Timely Distribute FY 2008 Warmwater Shrimp CDSOA Funds

CBP has issued a notice stating that on November 13, 2008, at the request of twelve plaintiffs in case number 08-00394, the Court of International Trade issued a temporary restraining order preventing CBP from making timely distribution of CDSOA funds available in FY 2008 for certain frozen warmwater shrimp and prawn from Ecuador, Brazil, India, Thailand, Vietnam, and China (case numbers A-331-802, A-351-838, A-533-840, A-549-822, A-552-802, and A-570-893).

The order will remain in effect until 5:00 p.m. on February 23, 2009 or until the date of issuance of the CIT's ruling on plaintiffs' motion for a preliminary injunction, whichever date is sooner. If the plaintiffs' motion for a preliminary injunction is granted, CBP will be prevented from making distributions until the injunction is lifted or the litigation is resolved. (See ITT's Online Archives or 12/09/08 news, 08120935 2, for previous BP summary on this order.) (Notice, dated 12/15/08, available at http://www.cbp.gov/xp/cgov/trade/priority_trade/add_cvd/cont_dump/warm_water_shrimp.xml)

5. Fourth Tranche of Recently Increased FY 2008 Global Refined Sugar TRQ Oversubscribed

CBP has issued a memorandum announcing that the fourth tranche of the fiscal year 2008 global refined sugar tariff rate quota which was recently increased (due to the re-allocation of Mexico's portion) oversubscribed at opening. The pro rata percentage is 39.33528% or 0.3933528.

Entries or withdrawals for consumption for sugar presented after the opening should be returned to the broker for amendment. The importer has the option to distribute the prorated allocation on a given entry (i.e., more or less than the prorated amount, or none at all). The importer may also transfer the allotment to entries at another port. However, in any of these scenarios, the importer may not enter more than the total prorated amount that was properly presented at opening. (See ITT's Online Archives or 12/09/08 news, 08120925, for BP summary announcing the opening of the fourth tranche.) (QBT-08-575, dated 12/17/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_575.ctt/qbt_08_575.pdf)

6. Updated TRQ/TPL "Threshold to Fill" List

CBP has posted an updated version of its tariff rate quota (TRQ)/tariff preference level (TPL) "threshold to fill" list, a quick reference to monitor TRQs and TPLs that are approaching the restraint limit or have filled the in-quota (low duty) rate. The list is divided into two sections - quotas that are at least 85% filled and quotas that are closed. (List, posted 12/17/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/commodity/trq_thresh_fill.ctt/trq_thresh_fill.pdf)

7. Other CBP Postings and Messages

CBP works with EPA, seizes refrigerant. CBP has issued a news release announcing that officers in the Port of Charleston, South Carolina have seized a shipment of the common refrigerant HCFC-22 in coordination with the Environmental Protection Agency. The seizure of 560 cylinders of the refrigerant gas, originating in Mexico, had a domestic value of $97,049. (News release, dated 12/17/08, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/12172008_4.xml)

Counterfeit holiday lights seized. CBP has issued a news release announcing that officers at the Newark port of entry have seized more than 31,000 pieces of Christmas lights, bearing counterfeit Underwriters Laboratories, Inc. labels. In two separate seizures, CBP officers seized 15,480 pieces of counterfeit UL bell lights, with a domestic value of $154,698; in another seizure, 15,792 counterfeit UL diamond chasing Christmas lights, worth $157,817 domestic value were confiscated. Both shipments were imported from China. (News release, dated 12/15/08, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/12152008_7.xml)

Ports of Roseau, Pinecreek to install RPMs. CBP has issued a news release announcing that officers at the Roseau and Pinecreek border stations soon will employ a new highly sophisticated radiation detection device (Radiation Portal Monitors) to detect any radiological materials entering the U.S. (News release, dated 12/15/08, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/12152008_3.xml)

San Diego field director to retire. CBP has issued a news release announcing that Gurdit Dhillon, CBP's field operations director in San Diego, announced that he will retire from public service in January. (News release, dated 12/11/08, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/12112008_2.xml)

FAST driver participant guides. CBP has posted U.S./Canada and U.S./Mexico FAST (Free and Secure Trade) driver participant's guides. (Guides, posted 12/17/08, available at http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/ctpat/fast/fast_driver/canada_fast_driver/cd_program.ctt/cd_program.doc and http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/ctpat/fast/fast_driver/mexico_fast_driver/participation_guide.ctt/partcipation_guide.doc)

APIS documents. CBP has posted the following APIS (Advance Passenger Information System) documents to its Web site: (1) private aircraft APIS guide; (2) FAQs on reporting requirements for private aircraft; (3) notice on the eAPIS private aviation online tutorial; and (4) notice on reporting requirements. (Documents available at http://www.cbp.gov/xp/cgov/travel/inspections_carriers_facilities/apis/)

NEXUS, SENTRI can use Global Entry kiosks. CBP has issued a news release announcing that NEXUS and SENTRI members may now use Global Entry kiosks. (News release, dated 12/15/08, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/12152008_6.xml)

Border Patrol's Weekly Blotter. CBP has posted the U.S. Border Patrol Weekly Blotter for December 11 - 17, 2008. The Blotter provides information on Border Patrol activities during the specified week. (Blotter, dated 12/17/08, available at http://www.cbp.gov/xp/cgov/border_security/border_patrol/weekly_blotter/1211_1217.xml)

Canine program info. CBP has issued a notice providing information on the canine enforcement program, which develops, executes, and oversees the allocation, training, and support of canine resources. (Notice, dated 12/17/08, available at http://www.cbp.gov/xp/cgov/border_security/port_activities/canines/canine.xml)