The House Appropriations Committee on July 18 approved fiscal year 2018 funding legislation for the Department of Homeland Security, which encourages CBP to run a pilot for the Fish and Wildlife Service ACE message set “as soon as is feasible,” according to the bill’s committee report (here). “Providing a centralized online access point to connect CBP, the trade community, and partner government agencies will enhance government data collection for international trade transactions while expediting cargo processing and protecting against prohibited shipments,” the report says. The Fish and Wildlife Service suspended its ACE import and export pilots earlier this year following complaints from the trade (see 1701190011)
International Trade Today is providing readers with some of the top stories for July 3-7 in case they were missed.
A tuna importer’s request for drawback should be rejected because the importer exported the tuna from a different port, yet didn’t file required documentation to transport the tuna between ports under bond, CBP said in a recent ruling (here). For merchandise transported in-bond before export, Form 7512 or its electronic equivalent is part of the proof of exportation required on drawback claims, CBP said in ruling HQ H284687.
CBP issued the following releases on commercial trade and related matters:
CBP released notices about the delay to mandatory use of ACE for drawback and duty deferral entries and entry summaries (here), as well as changes to reconciliation and post-summary corrections and periodic monthly statements (here). All are "delayed until further notice," CBP said. The notices don't include any information about the delay beyond what CBP already announced this week (see 1706270049).
CBP's latest delay to the deployment of post-release capabilities in ACE (see 1706270049) again leaves timing unclear for the new requirements. The agency said in a June 27 CSMS message (here) that it would delay plans to deploy drawback, reconciliation and duty deferral entries and entry summaries on July 8. CBP decided on the delay after it found "areas specific to collections that are in need of further testing before these capabilities can be deployed." CBP is working on a new schedule and will again provide 30-days' notice before deploying the capabilities, it said.
Representatives of the international and domestic textile and apparel industry concurred that a renegotiated NAFTA should preserve application of the Berry Amendment, in testimony on June 27, but differed on whether tariff preference levels (TPLs) should stay in place. Speaking during a hearing convened by the Office of the U.S. Trade Representative featuring interagency partners, American Apparel and Footwear Association Executive Vice President Stephen Lamar and Rubber and Plastics Footwear Manufacturers Association trade counsel Marc Fleischaker said NAFTA should maintain the general statutory requirement for the Defense Department to give procurement preferences to domestically produced products. “The NAFTA government procurement chapter should carefully and specifically preserve the applicability of the Berry Amendment in the United States,” Fleischaker said during the hearing at the International Trade Commission.
CBP again postponed its last major ACE deployment for post-release capabilities that was scheduled for July 8, it said in a June 27 CSMS message (here). "We have been conducting ongoing, rigorous testing to ensure these capabilities will operate successfully," said CBP. "Our latest efforts have revealed areas specific to collections that are in need of further testing before these capabilities can be deployed. Consequently, we are postponing the July 8, 2017 deployment, and are in the process of replanning. We will communicate further information as soon as possible."
AUSTIN, Texas -- CBP remains committed to implementing drawback changes in ACE by the Trade Facilitation and Trade Enforcement Act’s February 2018 deadline, but contentious issues remain as the agency considers concurrent regulatory changes to its drawback program that are required by the same date, government officials and industry representatives said at the American Association of Exporters and Importers (AAEI) annual conference on June 21.
All the attorneys from Cerny Associates will be moving to Sandler Travis, Michael Cerny said by email. Michael Cerny will be vice president with the Sandler Travis Trade Advisory Services drawback group, the firm said in an emailed news release. The titles for the other lawyers weren't specified in the release.