Sept. 9 NCBFAA board, Transportation Committee, and Customs Committee meet, Washington Hyatt Regency on Capitol Hill, Washington, D.C. -- http://www.ncbfaa.org/Scripts/4Disapi.dll/4DCGI/cms/review.html?Action=CMS_Document&DocID=12746&Time=-220982284&MenuKey=about
The Court of Appeals’ decision in Hitachi Home Electronics (America), Inc. v. United States “not only deprives importers of timely review of protests, but also allows Customs to block their access to judicial review,” said the American Association of Exporters and Importers (AAEI) in an amicus brief in support of Hitachi’s request for a Supreme Court hearing. Hitachi is appealing the October 2011 ruling of the Court of Appeals for the Federal Circuit that the statute does not require CBP to decide customs protests within two years, even though 19 USC 1515(a) says it “shall” do so.
Sept. 5 Census Bureau webinar on Filing Export Information Electronically - The ABCs of AES, 1 p.m. http://www.census.gov/newsroom/releases/archives/miscellaneous/cb12-162.html
CBP announced modifications to the National Customs Automation Program (NCAP) test regarding the simplified entry functionality in the Automated Commercial Environment. It modified the test's participant selection criteria to reflect that the C-TPAT status of an importer for whom a customs broker files a Simplified Entry is no longer an eligibility criterion. The test is no longer limited to nine participants and CBP is accepting applications from interested parties wishing to participate in the test. Prior unsuccessful applicants must reapply to be considered, it said.
CBP will allow members of military reserves to sit for the Oct. 3 customs exam, allowing such members as the sole exception to a prohibition on government employees taking the test. The exception may only be temporary as it considers a finalized policy, said CBP. The new exception is likely the result of a lawsuit brought against the agency and settled earlier this year. Federal customs regulations bar officers or employees of the U.S. Government from being licensed as customs brokers or sitting for the exam.
CBP posted an updated version of its notice announcing that the next customs broker license exam will be on Wednesday, Oct. 3.
Sept. 9 NCBFAA board, Transportation Committee, and Customs Committee meet, Washington Hyatt Regency on Capitol Hill, Washington, DC -- http://www.ncbfaa.org/Scripts/4Disapi.dll/4DCGI/cms/review.html?Action=CMS_Document&DocID=12746&Time=-220982284&MenuKey=about
Chances are slim that the Hitachi case on time limits for CBP protests will be taken up by the Supreme Court, say industry lawyers, and that is feeding a growing push for a legislative solution. In its decision, the Court of Appeals for the Federal Circuit said the statutory two-year period for CBP to decide protests isn’t binding. But the remedy CAFC said is available to importers, accelerated disposition, could hurt smaller importers without the resources to challenge a deemed denial in court, industry lawyers said. Furthermore, CBP itself could face adverse consequences as more importers file for accelerated disposition. As a result, industry groups and customs brokers have begun pushing for amendments to the statute that would hold CBP to a time limit.
The National Customs Brokers and Forwarders Association of America "is uncertain" that the Federal Maritime Commission's "development and release of container freight indices for U.S. agricultural exports is appropriate or necessary," it said in comments filed Aug. 8 at the FMC in docket 12-07. NCBFAA surveyed its members about the FMC action, it said, but most found it difficult to evaluate the FMC proposal due to lack of sufficient information about how the indices would be created and what the actual impact of the indices would be. But it said "many respondents indicated that they were concerned that the indices might have a detrimental effect on various participants of the industry." It said there has been "considerable volatility" in container rates, but said that was not unusual. NCBFAA said the survey responses indicated:
Aug. 21 CBP roundtable on revision of customs regulations (19 CFR Part 111), noon Aug. 21, Conference Room 2M8-10 2nd Floor 2305 NW 107th Ave. Miami -- apps.cbp.gov/te_registration/?w=90 (See 12080930)