RANCHO MIRAGE, Calif. -- The change in chairman at the Federal Maritime Commission adds another level of uncertainty to the regulatory movement of rule changes regarding ocean transport intermediaries (OTIs), said Ed Greenberg, general counsel of the National Customs Brokers and Forwarders Association of America (NCBFAA). The possible OTI rule changes could be a major change, adding new licensing and bonding requirements for forwarders, said Greenberg, who spoke at the NCBFAA conference April 9.
April 7-10 NCBFAA Annual Conference, Westin Mission Hills, Rancho Mirage, CA (here)
Forthcoming customs reauthorization legislation will force Congress to confront tensions between trade security and trade facilitation, costs and benefits -- including how to implement the International Trade Data System and monitor Automated Commercial Enforcement -- according to a March 22 report on CBP from the Congressional Research Service. Most of the issues for Congress relating to CBP reauthorization stem from the “inherent tension between the commercial interest in trade facilitation and the often competing goals of enforcing trade laws and import security measures,” said the report, which also details the agency’s history and programs.
April 2-4 Northeast Trade and Transportation Conference, Hyatt Goat Island, Newport, R.I. (here)
The non-resident importer requirement in the House customs reauthorization bills will “damage and disrupt commercial trade relationships in numerous countries,” said the National Customs Brokers and Forwarders Association of America in a strongly worded letter to Republican leaders on the House Ways and Means Committee. This is not the first time industry groups have spoken against the requirement (see 13030603). It requires importers that are commercial entities not organized within the U.S., or who are not U.S. citizens or lawfully permitted alien residents, to designate a resident importer. That person would be financially liable for any problems with the import. In a March 28 letter, NCBFAA President Darrell Sekin, Jr. said the requirement is ineffective because the nonresident importer-of-record is already required to post a bond. The new requirement would “impose a bond to cover a bond. Why isn’t the first bond sufficient?”
The Food Safety and Inspection Service said it will begin its pilot May 28 on submission of electronic import inspection applications for meat, poultry, and egg products (FSIS Form 9540-1) through the Automated Commercial Environment (ACE), and is accepting requests to participate from importers and customs brokers by that date. The pilot will be used to test the transfer of data from the Participating Government Agency (PGA) Message Set in ACE to FSIS’ Public Health Information System (PHIS), the agency said. FSIS also posted a draft compliance guide for importers and customs brokers on electronic filing of the form in ACE.
The PortMiami Perishables Committee is preparing a letter to send to CBP headquarters to express concern for the effects of sequestration perishables at the port, according to a Florida Customs Brokers & Forwarders Association email. The letter would also be sent to the Florida Congressional Delegation and the Office of U.S. Trade Representative. "Because of the limited shelf life and time sensitivity related to delivery of these products, perishables must be inspected in an efficient and timely manner," the letter says. "Cuts to CBP staffing will harm our nation's economy. With the imminent furlough of CBP workers, there is a significant possibility that fresh fruit, vegetables, flowers, and other products will face time delays at South Florida ports, damaging products and negatively affecting importers, merchants, and consumers alike." Congress and the administration should work to make sure perishables continue to be safely and efficiently process, as the toll for slowing the supply chain of perishable products would be "immediate and severe," it said.
A group of 15 customs-related associations told House and Senate leaders they are deeply concerned “about the state of the long-delayed and much-needed Customs reauthorization bill,” and urged the removal of antidumping and countervailing duty language from the bill so it can move forward. The two House CBP bills introduced last year -- Republicans’ HR-6642 and Democrats’ HR-6656 -- exhibit broad bipartisan cooperation, said the March 22 letter. But provisions over AD/CVD, the only difference between the two bills, could “stand in the way of progress.” Congress and the Obama Administration should either compromise on the language or deal with AD/CVD separately, the letter said. See 13032106 for ITT’s initial report on industry interest in splitting that language from the bills.
March 26 IE Canada Food Forum, Brampton, Ontario, 8 a.m. (here)
The 1st U.S. Circuit Court of Appeals affirmed the 2008 convictions of Zhen Hour Wu and Guofeng Wei for numerous counts of export violations, but vacated convictions related to the duo’s alleged violations of the U.S. Munitions List because of flawed jury instructions. In their defense, Wu and Wei, Chinese nationals who ran an electronics parts broker company, attacked the U.S. arms export control system as so vague it violates the Fifth Amendment’s Due Process Clause.