Secretary of Homeland Security nominee Jeh Johnson told the Senate Homeland Security Committee Nov. 13 that his "immediate priority" after confirmation would be to fill key department leadership positions that remain vacant. DHS has vacancies in about 40 percent of its top leadership positions, including the department's deputy secretary and CBP commissioner. Rafael Borras is the acting deputy secretary and Rand Beers is acting DHS secretary until the Senate confirms a permanent replacement; former DHS Secretary Janet Napolitano resigned in September (see 13091006). Committee Chairman Tom Carper, D-Del., said part of the onus is also on the Senate to confirm President Barack Obama's nominees for DHS positions. "We've got to help you get that team around you," he told Johnson. Obama has nominated Gil Kerlikowske to permanently take over as CBP commissioner (see 13080219) and nominated U.S. Citizenship and Immigration Services Director Alejandro Mayorkas as deputy DHS secretary. Kerlikowske would need approval from the Senate Finance Committee.
CBP released its Nov. 13 Customs Bulletin (Vol. 47, No. 45). While the Bulletin does not contain any ruling articles, it does include recent Court of International Trade decisions and general notices, including CBP's adoption of a new classification standard for certain types of footwear (see 13111402).
CBP added "Simple Duty Calculation Validations" on the Automated Commercial Environment (ACE) Entry Summary on Nov. 13, the agency said in a CSMS message. The validations ensure "that an Entry Summary is not accepted in ACE if the importer's estimated duty does not conform to the rates and rules as specified in the [Harmonized Tariff Schedule]," it said. The CSMS message (here) lists the disposition codes and condition text will be used in the response messages from ACE.
CBP posted a table, dated Feb. 23, providing information on whether the Merchandise Processing Fee is paid, or exempt from payment, for goods entered under free trade agreements or trade preference programs.
CBP largely adopted, with some clarifications, a testing method for determining the classification for footwear with textile soles in the Nov. 13 Customs Bulletin (Vol. 47 No. 45). Footwear trade groups for both domestic producers and importers seemed, at least initially, to be satisfied by CBP's handling to the testing method. The decision, which has been under official discussion at various levels of government since 2011, appears to be at the end of the administrative process and is hoped to add regulatory certainty for the industry, footwear trade group representatives said.
The U.S. Council for International Business named Kristin Isabelli director of customs policy, it said in a press release. Isabelli previously worked as a legislative assistant for House Ways and Means Committee Chairman Dave Camp, R-Mich, it said..
CBP issued its weekly tariff rate quota and tariff preference level commodity report as of Nov. 12. This report includes TRQs on various products such as beef, sugar, dairy products, peanuts, cotton, cocoa products, and tobacco; and certain BFTA, DR-CAFTA, Israel FTA, JFTA, MFTA, OFTA, SFTA, UAFTA (AFTA) and UCFTA (Chile FTA) non-textile TRQs, etc. Each report also includes the AGOA, ATPDEA, BFTA, DR-CAFTA, CBTPA, Haitian HOPE, MFTA, NAFTA, OFTA, SFTA, and UCFTA TPLs and TRQs for qualifying textile articles and/or other articles; the TRQs on worsted wool fabrics, etc.
Cargo processing delays and exams continued to be the largest challenge faced by importers and brokers, according to the second annual trade efficiency survey, which was released Nov. 8 by CBP. The survey, completed in July by the Advisory Committee On Commercial Operations (COAC), is meant to be a look at CBP's trade facilitation efforts and success at lowering costs of compliance. The retroactive system of antidumping/countervailing duty orders seems to have a disproportionate effect on the trade industry considering the amount of discussion and controversy the issue creates, the survey said. The survey was among a large set of COAC materials released by CBP (see 13111227).
Recently retired Assistant CBP Commissioner for International Trade Al Gina will help lead a new international trade and supply chain consulting firm, named CT Strategies, said a press release. Gina announced his retirement from CBP in August (see 13080802). Andrew Farrelly, previously a chief of staff for the Deputy Commissioner at CBP, will also run CT Strategies, it said. CT Strategies will be a subsidiary of Command Consulting Group, which provides security consulting.
CBP posted its draft agenda and 23 other documents for the upcoming Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) meeting on Nov. 15, which include the results of the 2013 trade efficiency survey, draft recommendations, and other documents on trade modernization, the global supply chain, trade enforcement and other topics. The draft agenda is (here). The trade survey (here) will be summarized in more detail in a future issue of ITT.