Clarification: A two-track system opening up both Automated Broker Interface and electronic manifest filing of Section 321 entries to all filers is the likely result of ongoing discussions on the issue, said Michael Mullen of the Express Association of America, clarifying that his remarks on this in a Feb. 13 report in International Trade Today are his opinions and not a statement of CBP’s official position (see 1802130035). The issue is still under discussion by CBP and the trade, he said.
CBP is already considering revisions to its in-bond regulations following the changes made in a final rule on the same regulations issued in September (see 1709270027), Jim Swanson, CBP director-cargo and conveyance security and controls, said during the Feb. 13 National Association of Foreign-Trade Zones legislative summit. "Even though we just published new in-bond regulations, for example, we really just papered over a lot of the cracks in that and listed it as an automated process," he said. CBP would like to "go back" and change the "artifacts of much older in-bond rules" to better spell out the rules and associated penalties, he said. "I've got the regulatory folks agreeing that we can begin that process."
The Commerce Department issued the final results of its countervailing duty administrative review on oil country tubular goods from Turkey (C-489-817). Commerce found the only company under review, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., received de minimis illegal subsidies during the period of review, assigning it a zero percent CV duty rate. Subject merchandise from Borusan entered Jan. 1, 2015, through Dec. 31, 2015, will be liquidated without any assessment of CV duties, and future entries of subject merchandise from Borusan will not be subject to CV duty cash deposit requirements until further notice. Changes to cash deposit rates from these final results take effect Feb. 14.
A U.K. retailer, and its chief executive, that allegedly split shipments to avoid duties settled a whistleblower lawsuit against the company for about $900,000, the Justice Department said in a news release. The company, Pure Collection, and its CEO Samantha Harrison were said to separate single orders exceeding the de minimis value threshold into multiple smaller parcels in order to evade customs duties on imports over the de minimis level (see 1709080037). "This Settlement Agreement is neither an admission of liability by Pure nor a concession by the United States that its claims are not well founded," the parties said in the court filing.
CBP looks set to take a wide open approach to electronic filing of Section 321 entries, with a “range of options” that allow filers to “do whatever works best for their business model,” said Michael Mullen, executive director of the Express Association of America, in an interview. Clearance off manifest would likely continue, using an item descriptor to identify cargo, with electronic filing expanded to other modes. CBP will also likely allow Section 321 entries in the Automated Broker Interface using the 10-digit Harmonized Tariff Schedule number, Mullen said.
The Food and Drug Administration on Feb. 24 posted a new chapter of its draft guidance document on human food preventive controls regulations, detailing requirements for supply chain programs for human food products that in some cases may be applicable to importers. Under the supply chain provisions, facilities that manufacture or process ingredients from outside suppliers must use approved suppliers and appropriate supplier verification activities, including on-site audits and record reviews of their suppliers. FDA’s draft guidance includes information and illustrative examples on who is subject to supply chain program requirements and what activities they must conduct.
The Food and Drug Administration on Jan. 24 released a series of draft and final guidance documents intended to assist importers in complying with its Foreign Supplier Verification Program regulations. A new, 108-page draft guidance on FSVP includes a series of questions and answers on all aspects of the rules, including who must comply and what specific criteria importers must apply when developing their FSVPs. FDA also released a small entity compliance guide with specific emphasis on FSVP’s modified requirements for small businesses, and another draft guidance on how importers should determine whether their supplier is implementing the equivalent to U.S. food safety controls.
Chemical industry groups in the U.S., Canada and Mexico proposed a series of 10 rules of origin for chemical products in a revised NAFTA agreement, in a letter dated Jan. 11. Rules of origin for chemicals of chapters 28, 29, 31, 32, 34, 35, 38, 39 and 40 of each country’s respective tariff schedule should confer NAFTA status based on the “last substantial transformation,” with importers and exporters to select from a non-hierarchical menu of 10 ways chemicals may be transformed into NAFTA products, the letter said.
International Trade Today is providing readers with some of the top stories for 2017 in case they were missed.
International Trade Today is providing readers with some of the top stories for Dec. 11-15 in case they were missed.