NEW ORLEANS -- CBP is working on a proposed rule to implement new importer validation requirements for customs brokers outlined in the Trade Facilitation and Trade Enforcement Act of 2015, said Steve Hilsen, deputy executive director of CBP’s Trade Remedy & Law Enforcement Division. Hilsen spoke at the National Customs Brokers & Forwarders Association of America annual conference on April 5. The proposal, which will be “ready for comment hopefully shortly,” will include information on what brokers will be required to get from new importer clients, including the importer’s address, status of incorporation and information on the individual associated with the broker power of attorney, Hilsen said.
NEW ORLEANS -- Exports will likely see heightened enforcement and greater “accountability” in terms of timeliness of filing and data accuracy under the new administration, said Rich DiNucci, executive director-cargo and conveyance security at CBP, during the National Customs Brokers & Forwarders Association of America annual conference April 4. Though much of the Trump administration’s tough talk so far has focused on imports, even exporters will be operating in a new environment as a shift to protectionism occurs across the globe, DiNucci said.
NEW ORLEANS -- CBP has nearly fixed a series of issues surrounding release date updates in ACE that were causing CBP to mistakenly issue liquidated damages for late filing against compliant filers, said Jim Swanson, CBP director-cargo security and controls, at the National Customs Brokers & Forwarders Association of America annual conference on April 4. The agency is cancelling in full mistaken assessments of liquidated damages caused by the issues, and is currently deciding how to handle mistaken claims that have already been paid, Swanson said.
NEW ORLEANS -- The Food and Drug Administration is aware of concerns surrounding Foreign Supplier Verification Program (FSVP) requirements that begin taking effect for food imports on May 30, said Doug Stearn, director of FDA’s Office of Enforcement and Import Operations, during an April 4 panel discussion at the National Customs Brokers & Forwarders Association of America annual conference. As FSVP requirements are rolled out, the agency will be “mindful” of the new challenges faced by the trade community, and is “going to try to work with folks to make sure it is dealt with in a responsible way,” he said.
The Commerce Department will undertake a review of China’s non-market economy status in antidumping and countervailing duty cases, it said in a notice (here). The inquiry, which will be conducted as part of the recently initiated antidumping and countervailing duty investigations on aluminum foil from China (see 1703290017), will determine whether China should be graduated to market economy status, which could result in lower and more predictable AD rates for Chinese companies. Commerce will accept public comments as part of the inquiry. The notice has yet to be published in the Federal Register, but upon publication comments will be due within 30 days.
The following lawsuits were filed at the Court of International Trade during the week of March 20-26:
Lawyers for South Korean exporters slammed a purported attempt by the White House to influence an ongoing Commerce Department antidumping duty administrative review, in several briefs filed with the agency March 16. The emailed memorandum sent March 2 by National Trade Council Director Peter Navarro to Commerce Secretary Wilbur Ross improperly applied political pressure to what is supposed to be an impartial process, said the lawyers, who represent exporters of oil country tubular goods from South Korea.
The following lawsuits were filed at the Court of International Trade during the week of March 13-19:
Another customs broker recently agreed to additional requirements for validation of powers of attorney as part of a settlement of a trademark lawsuit with Nike. Like the recent settlement between Nike and Alto Customhouse Brokers (see 1702140037), a settlement reached in December in Los Angeles federal court between Nike and KAL America requires the customs brokerage to validate all new powers of attorney it receives from importers by means of notarization, phone calls and checking government-issued IDs. The settlement ends one of the few remaining of a series of trademark cases brought by Nike against customs brokers. Nike has over time moved away from the practice, according to customs lawyers familiar with the issue.
The following lawsuits were filed at the Court of International Trade during the week of March 6-12: