Making sure the recent changes to bankruptcy law that affects custom brokers don't expire at the end of the year (see 2012210045) is the National Customs Brokers & Forwarders Association of America's top priority, lobbyist Martin Whitmer said during a political update at the NCBFAA conference May 5. The group also is closely watching the 21st Century Customs Framework, renewal of the Miscellaneous Tariff Bill and the Generalized System of Preferences benefits program, ACE funding, forced labor legislation, the infrastructure package and the highway bill. “Trade and freight movement are one of the top topics in D.C. right now,” he said. “Members of Congress want to learn from you.”
The U.S. needs a national export strategy and a combination of federal support and digital solutions to address ocean carriers declining to carry U.S. agricultural exports, said Gene Seroka, executive director of the Port of Los Angeles. While he thinks the issue can be fixed, Seroka said it will be challenging.
The Agricultural Marketing Service is in the process of writing a final rule to require electronic filing of certificates for organic products at entry, among other provisions intended to strengthen organic enforcement, said Jennifer Tucker, AMS deputy administrator, at the National Customs Brokers & Forwarders Association of America annual conference May 5.
Forwarders are seeing a rise in maximum penalties issued by CBP for violations surrounding ocean shipments that occurred over a year ago, National Customs Brokers & Forwarders Association of America officials said. Joe Brogan, the chair of NCBFAA’s export compliance subcommittee, said CBP officers are increasingly digging up old violations where forwarders submitted incorrect transportation-related information, such as the date of export or the port of export, and have levied penalties higher than $14,000 for a “single occurrence.”
CBP will be moving drawback operations from within dedicated drawback centers and into the Centers of Excellence and Expertise, said Sharolyn McCann, director, Commercial Operations, Revenue and Entry, Office of Trade. McCann, who recently replaced Randy Mitchell in that role, spoke May 4 during the National Customs Brokers & Forwarders Association of America conference. "We are hoping to have this transition completed by the end of the fiscal year, the end of September," she said.
The Fish and Wildlife Service will again postpone full implementation of its partner government agency (PGA) message set in ACE, Myra Reynolds of John S. James Co. said during a panel discussion May 3. Already the subject of several delays, the last until June (see 2102040031), the PGA message set is currently being used for about 40% of FWS-regulated entries, and FWS would like to get it “up and running,” Reynolds said during the National Customs Brokers & Forwarders Association of America annual conference. But while FWS had thought it would have a rulemaking required for implementation completed by June, it now appears that the notice won’t come out until early fall, meaning full implementation of the FWS message set would come in late fall 2021, Reynolds said.
India is now requiring first-time importers, exporters and customs brokers to officially verify their identities with the government, the Hong Kong Trade Development Council reported May 3. All traders and brokers must “complete the process of verification” within 30 days of “first “engaging in import/export activity,” HKTDC said, which likely includes providing customs authorities with bank statements, company incorporation documents and “other proofs of a satisfactory financial standing.” The country may fine traders who don’t comply and revoke their “specified customs benefits.”
The Agricultural Marketing Service has secured funding for its Section 8(e) partner government agency (PGA) message set for imports of specialty crops, and now awaits CBP programming before it can move forward with full implementation, said Brian Barber of Wilson International during a panel discussion at the National Customs Brokers & Forwarders Association of America annual conference May 3.
CBP has set a "very aggressive schedule" for moving ahead with a proposal to require 36 hours of continuing education for customs brokers every three-year period, said John Leonard, acting executive assistant commissioner for trade, while speaking remotely to the National Customs Brokers & Forwarders Association of America conference May 3. Some factors involved in the timing are out of CBP's control, but "we've got some very highly placed advocates within the Department of Homeland Security that are hopefully going to work their magic with the Office of Management and Budget," he said.
CBP's Automotive and Aerospace Center of Excellence and Expertise “continues to issue an inordinate number of informed compliance letters compared to the other Centers and in a manner inconsistent with CBP laws, regulations and policy,” the National Customs Brokers & Forwarders Association of America said in an April 27 letter to the agency. The NCBFAA previously mentioned the issue to the director of the Center, “but feel[s] it is necessary to seek additional improvement at the Headquarters level,” it said.