CBP's efforts to update an agency publication outlining the means to verify a first sale valuation equates to legal impropriety by CBP, said law firm Grunfeld Desiderio in comments to the agency on the proposed changes. "A major rule change cannot be effected through informal trade outreach and a revision to an Informed Compliance Publication," it said. The draft change to the Informed Compliance Publication (ICP) includes a controversial list of documents the agency said it might request from industry to verify the use of first sale pricing (see 14071025)
The World Trade Organization (WTO) trade facilitation agreement struck in December validates decades of express industry calls to modernize customs procedures, said Managing Director for Trade and International Affairs at FedEx Express Ralph Carter at a Jan. 29 Center for Strategic and International Studies panel titled “Future of U.S. Trade Facilitation and its Development Impact.” The facilitation agreement represents a victory for the global trading community, although the Express industry remains “concerned” over implementation, said Carter.
The European Union issued the following trade-related releases Sept. 11-12 (notices of most significance will be given separate headlines):
Trade associations spent relatively little on lobbying in the first quarter of 2013, according to public records. Groups like the National Customs Brokers and Forwarders Association, the American Association of Exporters and Importers and the U.S. Association of Textiles and Apparels Importers spent less than $5,000 each. Customs reauthorization, the Miscellaneous Tariff Bill and potential trade agreements were some of the biggest issues trade groups lobbied on in Q1, the records show.
A new CBP reauthorization bill is expected to materialize in the coming months, say industry stakeholders, who are pushing for some changes to the CBP bills introduced last year but say they support those bills overall. The House Ways and Means and Senate Finance Committees are accepting comments on the two bills introduced in December: HR-6642 and HR-6656, which, other than language on antidumping and countervailing, are nearly identical. Observers pointed to new non-resident importer requirements and the severity of penalties allowed for providing inaccurate importer security filing data as parts of the bills they would like changed.
Trade associations focused on customs and other importer issues spent relatively little in Q4 of 2012, according to public lobbying records. Several groups that are heavily involved in policy-making for customs issues don't spend nearly as much as some of the major companies that are involved in the issues, the records show. For instance, the American Association for Exporters and Importers (AAEI) and the U.S. Association of Importers of Textiles and Apparel (USA-ITA) combined spent less than $10,000 for lobbying in Q4, the records show. Lobbying toward improved enforcement for antidumping/countervailing duties (AD/CVD) was among the issues that gained in attention, the filings show.
The Centers for Excellence and Expertise (CEEs) offer a significant amount of hope and concern among the trade industry, said individuals involved in several different facets during interviews. The CEEs, which offer industry-dedicated, virtual locations for entry summary review, are currently in a pilot phase but are widely expected to see an increased role, potentially meaning a major shift in the customs world. Several concerns remain, said industry and CBP officials, but there's also hope that they will provide for simpler and more uniform customs processes.
China's effort to promote "indigenous innovation" systematically favors products and services of Chinese companies over those of foreign companies, especially in the government and public procurement markets, the Telecommunications Industry Association said in comments on China's compliance with its World Trade Organization obligations that were filed with the U.S. Trade Representative. TIA also said piracy and counterfeiting remain high due to inadequate penalties, uncoordinated enforcement among local, provincial, and national authorities, and the lack of transparency in China's administrative and criminal enforcement system. Companies that are members of the U.S. Information Trade Office continue to be concerned about governmental interference in licensing agreements, they said. USITO was launched by TIA, the Software and Information Industry Association, and the American Electronics Association in 1994, in cooperation with the International Trade Administration. TIA also said: (1) China is aggressively implementing and utilizing technical standards to support development of key industries, especially the ICT industry. (2) USITO recommends that China pursue Customs modernization efforts, which are consistent with those of other WTO members. (3) China's current type approval process for telecommunications equipment is not sufficiently transparent and is burdensome. (4) China''s energy efficiency programs present challenges to foreign companies.
CBP will modify its selection criteria and expand the participant pool for the a National Customs Automation Program (NCAP) test on ACE simplified entry capability, the agency said in a notice in the Federal Register Aug. 14. Simplified entry allows participants to file 12 required, and three optional data elements with CBP prior to arrival in the U.S. The ongoing initial phase of the test is only for air transportation mode and will run through Dec. 31, 2013. The changes to the pilot are effective Aug. 14, according to the notice. (FR 08/14)
CBP should revise the definition of "corporate compliance activity" in its rewrite of 19 CFR Parts 111, said a representative for the Business Alliance for Customs Modernization (BACM) during a July 27 CBP Webinar on "Understanding impacts to business processes." Current requirements that prevent in-house customs experts from replying to certain forms "doesn't make any sense," Richard Belanger, a lawyer with Sidley Austin who represents BACM, a trade association made up of large companies that are generally large consumers and employers of customs brokers' services.