An iPhone case that includes a separate screen that shows information from the phone sent through a Bluetooth connection isn't classified based on the Bluetooth capability, CBP said in an Aug. 3 ruling. The ruling, HQ H275685, came in response to an internal advice request from a customs broker for the maker of the phone case, popSLATE Media. The request went through CBP's Electronics Center of Excellence and Expertise, it said.
Software developers and customs brokers expressed concerns over the upcoming Dec. 9 deployment of statements in ACE, on an Oct. 6 conference call hosted by the National Customs Brokers & Forwarders Association of America. Though software developers reported that programming has been largely completed for some time, they said CBP needs to quickly issue transition guidelines and fallback procedures, especially given the widespread impact any issues with statements would have on trade.
Irregularities on a single transaction bond issued to cover antidumping duties on Chinese garlic don’t mean the surety doesn’t have to pay out to CBP, the Court of International Trade said in an Oct. 5 decision. Handwritten changes to the bond after it was signed, in apparent violation of CBP’s regulations, don’t invalidate the bond, CIT said. And despite lengthy delays before the underlying entry was liquidated, the government’s lawsuit to collect was not filed too late, it said.
International Trade Today is providing readers with some of the top stories for Sept. 25-29 in case they were missed.
The National Marine Fisheries Service announced the beginning of an ACE pilot to test filing of data required under the Seafood Import Monitoring Program for high-risk seafood. The pilot, which “will commence after” Oct. 1 and run until further notice, will be open to all customs brokers and importer self-filers for all commodities and all modes of transportation, NMFS said. Electronic filing of SIMP data is mandatory for certain high-risk species beginning on Jan. 1, 2018.
A customs broker may seek indemnification from an importer client during a Court of International Trade penalty case, even if the broker’s terms and conditions specify a different court for any lawsuits related to the broker’s services, the Court of International Trade said in a Sept. 29 decision. CIT has jurisdiction to hear all cross-claims for relief from liability on entries subject to a trade case, so UPS Supply Chain Solutions may sue its importer client Majestic Mills as part of a government penalty case related to entries on which UPS acted as broker, it said.
The Federal Communications Commission Office of Engineering and Technology will extend through Dec. 30 suspensions of information collection requirements tied to FCC Form 740 and importation of radio frequency devices, it said in an order. The earlier waivers were to expire Sept. 30, the office said. While the agency adopted proposals to eliminate the requirement for Form 740 filings (see 1706280065), those changes haven't gone into effect. The National Customs Brokers & Forwarders Association of America recently mentioned several concerns on the issue during a meeting with the agency (see 1709150004).
CV International, a Virginia-based freight forwarder and customs broker, “has completed the acquisition” of Waters Shipping Company, it said in a press release. Staff from Waters “will be joining the CVI team in a new CVI branch office in Wilmington, N.C.,” CVI said.
CBP's final rule on changes to the agency's in-bond regulations (see 1709270017) include some major deviations from the rules the agency proposed in 2012. The agency decided against requiring several new data elements for in-bond applications and won't reduce the arrival reporting requirements to 24 hours, it said. The final rule follows several years of consideration of the proposed rules, which were issued in 2012 (see 12022131). CBP said it plans to provide additional guidance on the ACE requirements.
The Federal Maritime Commission voted on Sept. 20 to hold a public meeting on "demurrage, detention and per diem business practices and charges being assessed at various ports around the country by marine terminal operators (MTO) and vessel ocean common carriers (VOCCs)," the agency said in a news release. The meeting comes in response to an industry petition for the FMC to prohibit such fees during unexpected events (see 1612080021). "Witnesses to be invited to testify at the hearing will include: legal representatives of the petitioners, trade and shipper associations representing various interests, individual importers, exporters, customs brokers, freight forwarders, logistics companies, trucking and drayage companies, VOCCs, port authorities, and MTOs," the agency said. The testimony will help as the FMC "considers options to accept, modify or reject the proposed rule" mentioned in the petition, it said. FMC Commissioner Rebecca Dye also gave an update on efforts by the Supply Chain Innovation Teams, with a report expected to be published this fall, the FMC said.