Upcoming changes to how CBP assigns ACE client representatives will result in many customs brokers and importer self-filers assigned to new representatives, but won’t completely shut off direct communication with client reps as rumored (see 1807310032), CBP officials said on an Aug. 1 call with the trade community to discuss the initiative. Under the new scheme, brokers and self-filers will be assigned to the same client rep as their Automated Broker Interface vendor or service center, said Steve Zaccaro, CBP’s client rep branch chief. Some vendors may also have to be reassigned between client reps to redistribute the current workload. Though CBP will take a case-by-case approach and may allow brokers and self-filers to stay with their current rep in “unique” circumstances,” most brokers and self-filers will be assigned to new client reps as a result of the change, Zaccaro said.
CBP will increase Consolidated Omnibus Budget Reconciliation Act (COBRA) fees by 4.886 percent to adjust for inflation in fiscal year 2019, the agency said in a notice. Affected fees include the merchandise processing fee, vessel and truck arrival fees and the customs broker permit user fee. The Fixing America's Surface Transportation Act, passed in 2015, required that CBP make inflation adjustments and fee limitations when deemed necessary (see 1512040024). CBP increased the fees by 2.677 percent last year (see 1710310044). The fees are effective Oct. 1.
CBP is "transitioning to a new model for how we assign broker and importer self-filers to client representatives," the agency said in a July 30 CSMS message. The agency will host webinars on Aug. 1 and Aug. 8 to discuss the changes, it said. The National Customs Brokers & Forwarders Association of America is concerned the changes may mean "our direct contact with vital [Automated Broker Interface] client representatives will be cut off," the group said in a July 31 email.
International Trade Today is providing readers with some of the top stories for July 16-20 in case they were missed.
Power Tek Tool and Lyke Industrial Tool used evasion to avoid antidumping duties on diamond sawblades from China, CBP said in a July 20 final determination. The final determination stems from an allegation filed by the Diamond Sawblades Manufacturer Coalition (DSMC) under the Enforce and Protect Act (EAPA) and the follow-up investigation started by CBP (see 1709250035). CBP found that "substantial evidence" showed the companies imported diamond sawblades from China "but did not declare the AD order upon entry; and, as a result, no cash deposits were applied to the merchandise."
CBP is extending the comment period to Aug. 23 on an existing information collection related to the entry/immediate delivery applications and ACE cargo release, it said in a notice.
The American Institute for International Steel and two companies asked the Court of International Trade on July 19 to immediately stop the enforcement of Section 232 tariffs, AIIS said in a news release. A summary judgment is necessary to prevent further monetary harm to steel importers, as well as "the port authorities, customs brokers, insurance companies, and logistics companies that are members of AIIS and that derive significant portions of their revenue from their handling of imported steel," AIIS said in its filing.
A customs broker will pay $240,000 in damages, and a freight forwarder a still undetermined amount, after the New Jersey U.S. District Court on July 19 held both liable for trademark infringement related to shipments of counterfeit Nike sneakers for which they arranged entry and transportation. The court found the arrangement of transportation and creation of documents related to the shipments constituted the “use in commerce” of the trademarks under the Lanham Act, rejecting the forwarder’s argument that it had no physical control or knowledge of the contents of the shipments.
The Section 301 tariffs on goods from China do not apply to covered imports that are part of a set if that set is classified under a subheading that is not included in the Section 301 list, CBP told the National Customs Brokers & Forwarders Association of America. "If the product that imparts the essential character to the set (i.e., the [Harmonized Tariff Schedule of the U.S.] under which the entire set is classified) is covered by the Section 301 remedy, then the entire set will be subject to the additional 25% duties," CBP told the NCBFAA. "If the HTSUS under which the entire set is classified is not covered by the Section 301 remedies, but the set contains a component that is classified in a subheading covered by the 301 list, the 301 duties will not be assessed on the individual component at this time."
Candace Sider, vice president of government and regulatory affairs North America at Livingston International, was appointed chair of the International Federation of Customs Brokers Associations, the IFCBA said in a news release. Sider represents the Canadian Society of Customs Brokers on the IFCBA board. Her term is 2018-2020. Geoff Powell, the former president of the National Customs Brokers and Forwarders Association of America, represents the U.S., the IFCBA said.