The National Customs Brokers & Forwarders Association of America (NCBFAA) suggested to the Federal Maritime Commission "a significant number of changes" to how non-vessel operating common carriers and ocean forwarders are regulated, the association said (here). The FMC on June 1 issued a notice of inquiry (here) seeking comments on its regulatory reform initiative (see 1705300046). NCBFAA recommended the FMC totally remove NVOCC rate tariffs from regulation since they “now exist only to preserve unnecessary jobs for tariff publishers or to provide a basis for unwary NVOCCs to become subject to FMC penalties for noncompliance.” The association also suggested that co-loading regulations be modified if not eliminated, that an FMC rule preventing forwarding fee discounts and waivers be eliminated, and that a requirement for the underlying shipper to be listed in the shipper box on the bill of lading be removed.
The Food Safety and Inspection Service on July 7 announced the availability (here) of a new guidance document for importers of meat, poultry, egg products and Siluriformes fish. The guidance is intended to help importers, customs brokers and official import inspection establishments understand and comply with FSIS regulatory requirements for imports. Comments on the guidance are due Sept. 5, though “FSIS recommends importers begin using it now” given that the document “reflects FSIS’ current position.”
A tuna importer’s request for drawback should be rejected because the importer exported the tuna from a different port, yet didn’t file required documentation to transport the tuna between ports under bond, CBP said in a recent ruling (here). For merchandise transported in-bond before export, Form 7512 or its electronic equivalent is part of the proof of exportation required on drawback claims, CBP said in ruling HQ H284687.
Hobby Lobby Stores reached a $3 million settlement with the Justice Department over improper imports of Iraqi artifacts, the U.S. Attorney's Office for the Eastern District of New York said in a July 5 news release (here). The "ancient clay artifacts originated in the area of modern-day Iraq and were smuggled" into the U.S., DOJ alleged in the civil complaint, filed on July 5 (here). The shipping labels "falsely described cuneiform tablets" as tile “samples,” DOJ said. The company must hire customs counsel and customs brokers as part of the settlement.
The Port of Seattle and the Base Metals Center of Excellence and Expertise will hold a seminar on "Steel Identification, Classification and Trade Law" on Aug.16 and 17, CBP said in a June 28 public bulletin. The seminar, which will include presentations from technical, commercial and legal experts from the industry, is meant to "increase the knowledge level" for government officials and customs brokers, it said. This seminar program "has been significantly modified, revised and restructured from previous seminar," it said.
CBP issued a final rule (here) that largely adopts the updates to the customs broker exam that the agency proposed last year (see 1609130032). The changes will help "modernize" the exam by allowing for automation, increasing the fee and adjusting the dates, it said. In response to some comments on the proposal (see 1611170030), CBP said it would maintain the ability to administer special licensing exams outside of the designated dates and would schedule exams for the fourth Wednesday, rather than Monday, in April and October.
The Federal Communications Commission will consider at its July 13 meeting permanently ending the Form 740 requirements for importing radio frequency devices, the agency said (here). "This requirement has become increasingly outdated and burdensome in light of current importation and marketing practices, the information otherwise collected by CBP itself, and the wealth of information available online," the FCC said. "The Order would also modify Commission rules to clarify the compliance requirements related to imported devices and to provide additional flexibility in certain cases." The FCC order needs approval by the agency and could still be modified. If approved, it would go into effect following publication in the Federal Register.
CBP recently updated its Centers of Excellence and Expertise Trade Process Document on responsibilities and procedures for filers, importers and brokers, it said June 28 (here). The updated document reflects the full implementation of the 10 CEEs and regulatory changes that codified the CEEs in a December interim final rule (see 1612190014), as well as changes to electronic filing procedures that have resulted from CBP’s rollout of ACE since the last version of the document was released in 2014. Changes include a statement that the CEEs will provide courtesy copies by mail or email of Requests for Information (CBP Form 28) and Notices of Action (CBP Form 29) to the broker contact listed in the relevant importer’s portal account. The National Customs Brokers and Forwarders Association of America said CBP officials agreed to notify brokers in late April (see 1705150011). The updated document also recommends that, though the trade community may submit prior disclosures to either a port or one of the CEEs, filers should only send the prior disclosure to one location. “CBP has internal procedures to route the prior disclosure to the proper Center team for collaboration, review and action with [Fines, Penalties & Forfeitures]."
CBP is currently in the midst of drafting regulatory requirements for broker validation of importer powers of attorney, said Julia Peterson, chief of CBP’s broker management branch, during a June 26 webinar. Required by the Trade Facilitation and Trade Enforcement Act of 2015, the new regulations will have to pass muster with the Trump administration executive order requiring the repeal of two regulations for every one issued, but “I think we have a path,” Peterson said. Though she couldn’t give a date, there’s a “good shot” the proposed regulations could be available in the next six to nine months, Peterson said.
AUSTIN, Texas -- CBP Acting Commissioner Kevin McAleenan will raise the need for a worldwide unique facility identifier when he travels to Brussels in early July for a meeting of the World Customs Organization policy council, Valerie Neuhart, acting director of CBP’s Office of Trade Relations, said on June 21. McAleenan will be joined in the effort by representatives from Canada and Mexico, who have also been in discussions with CBP about harmonizing unique facility identifiers, she said, speaking during a panel discussion of upcoming ACE priorities at the American Association of Exporters and Importers annual conference.