Some Oct. 8 customs broker exam takers experienced problem with the electronic test, CBP said in an Oct. 15 CSMS message. “At some testing locations, applicants encountered system issues, while other applicants tested but did not experience problems and loss of the exam time,” CBP said. The test was held at more than 120 locations, it said. Due to the issues, CBP “is withholding release of the exam content until further notice in an effort to address the concerns,” it said.
There is a desire for more “uniformity” for country of origin and marking under USMCA, similar to the rules in Part 102 of NAFTA, said Heidi Bray, manager-U.S. and global customs compliance for Fiat Chrysler Automobiles. Bray and other Commercial Customs Operations Advisory Committee members mentioned a variety of USMCA “challenges” during the Oct. 7 COAC meeting. She said she thinks it would be a good idea to bring back a USMCA working group to discuss those issues.
The Department of Homeland Security general counsel approved an advance notice of proposed rulemaking on customs broker continuing education requirements (see 2009140033) Oct. 6, said John Leonard, CBP executive director-trade policy and programs. Leonard mentioned the progress during the Oct. 7 Commercial Customs Operations Advisory Committee (COAC) meeting. “We're going to work to get it out with the Federal Register as soon as possible, so you'll be seeing that soon,” he said. “It's an extremely well-written notice and I think it's really going to get us to the next level in terms of that program.”
There is a desire for more “uniformity” for country of origin and marking under USMCA, similar to the rules in Part 102 of NAFTA, said Heidi Bray, manager-U.S. and global customs compliance for Fiat Chrysler Automobiles. Bray and other Commercial Customs Operations Advisory Committee members mentioned a variety of USMCA “challenges” during the Oct. 7 COAC meeting. She said she thinks it would be a good idea to bring back a USMCA working group to discuss those issues.
Organic growers, suppliers and importers, as well as customs brokers, called on the Agricultural Marketing Service to streamline aspects of its proposed new strategy for strengthening organic enforcement, in comments to AMS filed in recent days. As proposed in August, the new enforcement approach imposes unrealistic timelines for per-shipment organic certifications, and could cause confusion over who is responsible for ensuring organic imports are compliant.
Canada published its notice for now-suspended plans to implement retaliatory tariffs on aluminum goods from the U.S. in the Sept. 30 Canada Gazette, Part II. Canada was set to apply the tariffs once the U.S. tariffs on goods from Canada took effect on Sept. 16, but after the U.S. decided Sept. 15 not to implement its tariffs, Canada said it would follow suit (see 2009150048). “Given the timing of the U.S. announcement on September 15, 2020, just hours before Canada’s planned announcement of surtaxes entering into effect, the Order in Council to impose surtaxes (the “Surtax Order”) was already approved and set to enter into force on September 16, 2020,” a Department of Finance Canada spokesperson said.
CBP posted multiple documents ahead of the Oct. 7 Commercial Customs Operations Advisory Committee (COAC) meeting:
Forwarder Agrees to Shipper and Importer Verification Requirements in Trademark Settlement With Nike
A New Jersey freight forwarder has agreed to shipper and importer verification requirements, as well as conditions on acting as a go-between for customs brokers and importers, as part of a settlement of a trademark suit filed by Nike in the Southern New York U.S. District Court.
FDA is issuing new regulations that allow importation of prescription drugs from Canada. Under the final rule, FDA may approve “Section 804 Importation Programs” (SIPs) sponsored by a state, tribal or territorial governmental entity. The registered wholesaler or pharmacy identified by the SIP as the importer could then import the specified drug from an FDA-registered, Health Canada-licensed wholesaler that buys the drug directly from its manufacturer. The final rule is set for publication in the Oct. 1 Federal Register, and takes effect Nov. 30.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet Oct. 7, remotely, beginning at 1 p.m. EDT, CBP said in a notice. Comments are due in writing by Oct. 6. The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate and formulate recommendations on how to proceed on those topics: