MIAMI – CBP’s ACE priorities will include implementation of existing legislation and urgent fixes to the truck environment after it completes ACE “core” in January and moves into a more difficult “operations and maintenance” funding environment, said Josephine Baiamante of CBP’s ACE Business Office at the Florida Customs Brokers & Forwarders Conference of the Americas on Nov. 14. The agency will also look at ways to work with other Department of Homeland Security agencies through ACE, before turning to a list of other capabilities the trade community has requested.
CBP will pay $72,222.32 as part of a settlement with a furniture importer that was mistakenly used as the importer of record and later assessed antidumping duties on an entry of wooden bedroom furniture from China, according to a settlement agreement filing with the Court of International Trade. The importer, Lifestyle Enterprise, challenged CBP in the CIT over a denied protest (see 1501290028) that left the company liable for antidumping duties (see 1502190058). CBP and Lifestyle agreed to the settlement "without reliquidating the entry subject to this action," according to the court filing. Lifestyle also agreed to seek a voluntary motion to dismiss with prejudice, abandon all other claims and cover its own litigation costs. Lifestyle originally sued for $144,444.64, the amount of the bill it received for the entry on which it was mistakenly listed as importer of record. A related lawsuit against the customs broker, which did not have a power of attorney from Lifestyle, was dismissed last year due to jurisdictional issues (see 1509210065). The Justice Department, Lifestyle and CBP didn't comment.
CBP's regulatory changes for online liquidation notifications should require that the agency post the liquidation information as it happens, rather than "within a reasonable period" as proposed, the National Customs Brokers & Forwarders Association of America said in comments to CBP (here). CBP proposed last month to allow notices of liquidations and liquidation suspensions and extensions to be posted on CBP's website rather than at the ports (see 1610130018). "In the electronic environment, CBP has the ability to post these liquidations immediately when they occur," the NCBFAA said. "There is no longer a basis for delayed notification and the regulation should be revised to provide that notice of liquidation for these entries will be posted on the date of liquidation. There is no basis to distinguish these entries from entries which are manually liquidated."
MIAMI -- The Food and Drug Administration hopes to publish its final rule on ACE filing requirements by the end of November, said John Verbeten of FDA’s Division of Import Operations at the Florida Customs Brokers & Freight Forwarders Conference of the Americas on Nov. 14. The final rule, which follows a controversial proposal issued in June (see 1606300020), will be followed “sooner rather than later” by changes to FDA’s ACE Supplemental Guide to implement the new regulatory provisions, he said.
MIAMI -- Prospects for U.S. implementation of the Trans-Pacific Partnership are “unclear” following the election of Donald Trump as the next president, said Sushan Demirjian, assistant deputy trade representative for market access and industrial competitiveness at the Office of the U.S. Trade Representative, at the Florida Customs Brokers & Freight Forwarders Conference of the Americas on Nov. 14. Despite much “speculation,” nobody can say for sure what will happen to the agreement, said Demirjian, who helped negotiate the deal. It now seems like implementation legislation will not be taken up before Trump takes office, with Senate Majority Leader Mitch McConnell, R-Ky., indicating Congress won’t consider it during the lame-duck session (see 1611100009). Still to be determined in the transition of presidential administrations, however, are the heads of key economic agencies and the position of congressional leadership, she said. Until that becomes clear, “it’s really difficult to predict anything,” Demirjian said. One early indication of TPP’s prospects will be the USTR’s annual trade report and trade policy agenda, coming in March, which will indicate what the new administration is looking to do in the short term, she said.
MIAMI -- The Federal Maritime Commission will continue to monitor the effects of the recently created OCEAN Alliance, and still has the authority to block the alliance should it decide the new alliance has too much power over the shipping market, FMC Commissioner Daniel Maffei said at the Florida Customs Brokers & Freight Forwarders Conference of the Americas on Nov. 14. Though sometimes interpreted as affirmatively approving alliances, FMC actually decides only whether to block an alliance, he said. That requires FMC to demonstrate in court that an alliance has an excess of market power, but FMC retains the ability to bring such a case at any time, Maffei said.
PROVIDENCE -- The addition of more Partner Government Agencies (PGAs) to ACE in coming months is likely to drive a difficult expansion in the data collected by the government, said Amy Magnus, director of customs affairs and compliance at A.N. Deringer, while speaking at the Northeast Cargo Symposium on Nov. 10. Despite significant progress in ACE in 2016, the new PGAs are bound to be a source of anxiety as 2017 approaches, she said. The "most chilling" agencies to be added are Animal and Plant Health Inspection Service "Core" and the Fish and Wildlife Service, she said.
The Food and Drug Administration issued a final guidance document (here) detailing its upcoming Voluntary Qualified Importer Program, a trusted trader program for food importers that will provide benefits including fewer examinations and expedited laboratory analysis. Under the program, importers will receive benefits at the border, including reduced sampling, in return for meeting certain requirements including importing the food from food exporters certified annually under the program by third-party auditors. FDA will begin accepting VQIP applications on Jan. 1, 2018, for participation in the program for the fiscal year beginning October 2018 and ending September 2019, it said (here). The agency will limit participation to 200 applicants for the first year, it said.
CBP recently completed and submitted its report to Congress on improving importer verifications through customs brokers, a CBP spokeswoman said Nov. 7. The agency provided the report, which was required as part of the customs reauthorization law's Section 116 (see 1608240026), to the House Ways and Means and Senate Finance committees on Oct. 14, the spokeswoman said. The report was due Aug. 22, but the Department of Homeland Security delayed submission due to some concerns (see 1609130018). The committees didn't immediately comment.
Canadian eManifest filing requirements for freight forwarders take effect Nov. 7, requiring forwarders to transmit advance house bill data electronically to the Canada Border Services Agency as of that date, CBSA said (here). The Nov. 7 deadline begins a phased implementation similar to CBP’s “informed compliance” approach with Importer Security Filing. From Nov. 7 until Jan. 10, CBSA will not issue penalties for non-compliance and will “work closely with freight forwarders on corrective measures.” From Jan. 11 until July 11, non-compliant forwarders will be issued “zero-rated penalties (non-monetary).” Monetary penalties for non-compliance will begin July 12, 2017. Importer and customs broker eManifest requirements aren’t expected to become mandatory until 2018 at the earliest (see 1609280040).