The National Customs Brokers & Forwarders Association of America filed a petition with the Federal Communications Commission on Dec. 1 asking the agency to reconsider its treatment of a customs broker as a potential "responsible party" for radio frequency device import compliance. The FCC updated its regulations to remove Form 740 filing requirements for RF device imports, but retained compliance requirements and said a customs broker can be a "responsible party" for import compliance (see 1711010011). The new rules impose "unreasonable responsibilities on customs brokers," the NCBFAA said.
Disagreement on de minimis thresholds is the one obstacle to closing an updated NAFTA customs chapter, an area where talks have progressed significantly during the ongoing renegotiation of the pact, according to three sources with knowledge of discussions. Advancement on the de minimis issue principally depends on Canada’s level of willingness to increase its $15 (USD) threshold, after Canadian negotiators declined to engage on the issue following contentious U.S. proposals pitched during the fourth negotiating round in Arlington, Virginia, two of the sources said.
The National Customs Brokers & Forwarders Association of America filed a petition for reconsideration with the Federal Communications Commission over recent agency rule changes involving radiofrequency device imports.
The Federal Maritime Commission is issuing a proposed rule to lift non-vessel-operating common carrier service arrangement (NSA) filing and “essential terms” publication requirements, and to allow NVOCC negotiated rate arrangements (NRAs) to be modified at any time. Under the proposal, an NVOCC would be able to provide for shippers’ acceptance of an NRA by booking a shipment thereunder if the NVOCC incorporates a “prominent written notice” in each NRA or amendment, the FMC said. Specifically for NSAs, the FMC is proposing to exempt them from a requirement to file them in its Service Contract Filing System (SERVCON), and is proposing to except NVOCCs from the requirement to publish, in tariff format, the essential terms of any NSA.
The Food and Drug Administration’s Division of West Coast Imports recently issued a document detailing its policies concerning communications with the office. The document, provided by the Columbia River Customs Brokers and Forwarders Association, specifies that uploading documents and checking status should be done via FDA’s Import Trade Auxiliary Communications System. It includes directions on communicating with FDA’s West Coast Import Division during agency investigations, entry reviews and compliance reviews, as well as requesting FDA authorization for canceling an entry with CBP.
Claims of stolen identity used on entry documents for goods subject to antidumping duties were not enough to limit liability on such duties for a named importer of record, CBP said in an Aug. 14 ruling. The lack of a proper Power of Attorney for the involved customs broker also does not change liability for the duties, CBP said in HQ H271023. The listed IOR, Green Island Import Export USA, told CBP it did not authorize imports of polyethylene retail carrier bags after it received a bill for unpaid duties.
The 2018 annual user fee of $141.70 for each customs broker district permit and national permit held by an individual, partnership, association or corporation is due by Jan. 26, CBP said in a notice. If a broker fails to pay the annual user fee by the published due date, the appropriate port director will notify the broker in writing of the failure to pay and will revoke the permit to operate. The 2018 fee represents an increase of $3.70 over previous years due to provisions included in the Fixing America's Surface Transportation Act, signed into law in 2015 (see 1512070011).
CBP will postpone a new requirement that the Harmonized Tariff Schedule number be supplied on in-bond transmissions, the National Customs Brokers & Forwarders Association of America said in an emailed update sent Nov. 20. The requirement will not take effect Nov. 27 alongside other provisions of CBP’s September in-bond final rule (see 1709270027), CBP has said, according to the NCBFAA. “CBP will be issuing a Frequently Asked Questions (FAQ) to the Trade to explain this change and other issues from the [Federal Register] notice on the final rule,” the trade group said. “We expect the FAQ to be issued this week.” CBP did not comment.
The National Customs Brokers & Forwarders Association of America will increase its membership dues by 5 percent for 2018, the NCBFAA said in an email to members. The rates are based on the number of employees for members and the maximum rates for regular members will increase to $5,873.05 in 2018, it said. The increase is due to the "need for advocacy over the last year and the rising costs associated to remain in a position in which we can address the challenges and opportunities within our industry," it said. The group's Board of Directors approved the increase earlier this year, the NCBFAA said.
An importer’s late Generalized System of Preferences refund request should be denied, even though it was caused by a misunderstanding with its customs broker, CBP said in a recent ruling. Industrial Chemicals argued the late filing for a refund for duties it paid during the recent lapse in the GSP program was a protestable “mistake of fact or other inadvertence” and should be excused, CBP said. In ruling HQ H286298, issued Oct. 13, CBP held that there was no mistake on the agency’s part when it enforced the statutory 180-day deadline for filing retroactive GSP claims.