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Forwarder Contracts Should Contain Exporter Contact Info to Help Resolve Outbound Cargo Stoppages, CBP Officer Says
November 3, 2016 |Customs

Exporters should negotiate contracts with freight forwarders that require them to contact the exporter and relay relevant CBP case information if CBP stops an outbound shipment, CBP Outbound Branch Chief, Export Controls Branch, Robert Rawls said Nov. 1 during the Bureau of Industry and Security Update 2016 Conference on Export Controls and Policy. Rawls was responding to a questioner who said CBP usually contacts her company’s export operator or freight forwarder if CBP ever halts their shipments. Exporters who received a license determination that indicates a shipment is not designated as “EAR99” or as “no license required” should put their shipments in a separate box so customs officers can easily locate products in question, CBP officer Anna Lopez said during the conference. The main issue that customs officers encounter with regard to stopped outbound shipments is that exporters don’t list contact information for any questions they might have, she said. Engaging with officers at ports can also help resolve any issues associated with a blocked shipment, she said.

AES PGA Filing Requirements Could Come in Six Months to a Year, CBP Official Says
November 3, 2016 |Customs

While it’s not certain when the government will require Electronic Export Information filings to include partner government agency (PGA) datasets, the government will most likely issue the first regulations within the next six months to a year, “depending on the agency and what they do,” CBP Outbound Branch Chief, Export Controls Branch, Robert Rawls said Nov. 1 during the Bureau of Industry and Security’s Update 2016 Conference on Export Controls and Policy. After AES PGA filing requirements go into effect, filings will “trigger a hit” if a Harmonized Tariff Schedule (HTS) code logged in the Automated Export System requires a permit, and an automated message will direct the filer to provide a permit number, BIS Office of Technology Evaluation Director Gerard Horner said during the conference, citing as an example Environmental Protection Agency requirements for lead acid battery exports.

CBP Nearing Proposal on Process Changes for Exclusion Order Rulings
November 3, 2016 |Customs

CBP is working toward a proposed rulemaking "to amend its regulations by creating a new procedure that implements an inter-partes proceeding in respect of ruling requests submitted to CBP in connection with the administration of exclusion orders issued by the U.S. International Trade Commission (ITC)," a CBP spokeswoman said. "The draft NPRM is undergoing internal formal review," she said. The “inter partes” procedures would allow for participation of both the importer and the rights holder during the exclusion order rulings process and would replace the ex parte process common to other types of rulings. Under current Part 177 regulations, administrative rulings on any subject -- whether classification, dutiability, valuation or whether a product is subject to an International Trade Commission exclusion order -- involve only the ruling requester. CBP previously said it hoped to publish a proposal in 2015 (see 1503020020). CBP declined to say when it expects publication.

ACAS Proposal Expected in Spring 2017, CBP's Clark Says
November 2, 2016 |Customs

A proposed rulemaking for the Air Cargo Advance Screening program is expected to be ready for public release in the spring of 2017, said Craig Clark, who oversees CBP's advanced data programs and cargo initiatives, during an interview with Airforwarders Association Executive Director Brandon Fried. Fried discussed the issue with Clark in a video from the International Air Cargo Forum in Paris on Oct. 28 (here). "We've had a pretty intensive couple years-long drafting process" that produced a number of "complexities" and CBP is "nearing completion," he said. "We've got an economic analysis that's being completed" now that will be integrated within the proposed rule, he said. CBP Commissioner Gil Kerlikowske recently assured the air cargo industry that the proposal will not differ much from the ongoing ACAS pilot (see 1610040053).