CBP is “aware” of the recent Court of International Trade decision levying $2 million in penalties on a Texas woman who was paid $200 by a customs broker for her signature on a power of attorney (see 1509280063), but cannot confirm or deny whether it is taking action against the customs broker, said an agency spokeswoman. Though CBP knows of the “involvement of a licensed customs broker in these serious violations,” which include undervaluation and failure to redeliver, the agency “is not allowed by regulation to comment on any potential administrative actions until such actions are completed,” she said. “CBP values the important role of the licensed customs brokers and takes any actual or reported illicit activity of those companies or individuals very seriously,” said the agency spokeswoman.
CBP moved up the deployment date for Foreign Trade Zone entries in the Automated Commercial Environment following some initial concerns about adequate time for testing, said Cynthia Whittenburg, CBP executive director-trade policy and programs during the National Customs Brokers & Forwarders Association of America government affairs conference on Sept. 28. CBP previously said FTZ entries wouldn't be available for testing until after Feb. 27, alongside all other quota-related entry types that are scheduled to be deployed on the same day that ACE becomes mandatory. That plan raised some concerns among the Trade Support Network (see 1509100015).
The FCC proposal to remove filing requirements for imported devices is a “success story” within a multiagency effort to simplify international trade data filing within the U.S. government, said Cynthia Whittenburg, executive director, Trade Policy and Programs at Customs and Border Protection. Whittenburg mentioned the FCC proposal (see 1507210072) while speaking at a National Customs Brokers and Forwarders Association of America (NCBFAA) conference Monday. The multiagency work, which is being overseen by CBP, included a request that the involved agencies review data filing requirements, and the FCC came to the conclusion that the device certification information of its Form 740 is no longer useful, she said. The FCC is still accepting comments on the proposal and the NCBFAA recently submitted comments in support of the NPRM, while asking for some language changes (see 1509240044).
The FCC proposal to remove filing requirements for imported devices is a “success story” within a multiagency effort to simplify international trade data filing within the U.S. government, said Cynthia Whittenburg, executive director, Trade Policy and Programs at Customs and Border Protection. Whittenburg mentioned the FCC proposal (see 1507210072) while speaking at a National Customs Brokers and Forwarders Association of America (NCBFAA) conference Monday. The multiagency work, which is being overseen by CBP, included a request that the involved agencies review data filing requirements, and the FCC came to the conclusion that the device certification information of its Form 740 is no longer useful, she said. The FCC is still accepting comments on the proposal and the NCBFAA recently submitted comments in support of the NPRM, while asking for some language changes (see 1509240044).
The Court of International Trade on Sept. 28 ordered a Texas woman to pay over $2 million for her part in a get-rich-quick scheme proposed by a customs broker (here). Dionicio Bustamante, a licensed broker, approached Jeanette Pacheco at a “nightclub” and offered her $200 for her signature on a power of attorney, according to the CIT ruling. He proceeded to import undervalued dried peppers on her behalf. But when CBP caught onto the scheme, Pacheco found herself on the hook as the importer for penalties under 19 USC 1592 for undervaluation and failure to redeliver.
CBP Commissioner Gil Kerlikowske laid out some expectations for the customs broker industry as the profession evolves alongside the agency during a speech at a National Customs Brokers and Forwarders Association of America conference on Sept. 28. "CBP’s vision for the future Professional Broker is one that includes adapting to technology changes, maintaining expertise in compliance, while balancing responsibilities to clients and the law," he said (here). "Future changes include removing district boundaries, creating opportunities for brokers to leverage automation, expand your geographic reach, and increase your level of service and professional value."
International Trade Today is providing readers with some of the top stories for Sept. 21-25 in case they were missed.
Members of the National Customs Brokers and Forwarders Association of America (NCBFAA) were meeting with lawmakers on Capitol Hill Sept. 29 to request that several specific provisions make it into a final customs reauthorization bill. The meetings were part of the NCBFAA's Government Affairs Conference. The NCBFAA hopes to see House-proposed antidumping and countervailing duty enforcement language and streamlined drawback provisions in the final bill, according to a paper distributed by the NCBFAA to its members going to the Hill. Congress is still in the process of putting together a Customs Reauthorization conference to resolve differences between customs reauthorization legislation passed by each chamber (see 1507070066).
Any Federal Maritime Commission or other regulatory action meant to prevent port congestion issues would likely be either ineffective or too broad and distortive to the marketplace, said World Shipping Council CEO John Butler while speaking at the National Customs Brokers & Forwarders Association of America Government Affairs Conference on Sept. 28. The WSC has previously pushed back against complaints about free time limits and assessing detention and demurrage following an FMC report on port congestion (see 1505080022). The agency's report (see 1504140014), outlined several paths of action, including the opportunity for filing of formal complaints.
An FCC proposal to remove radiofrequency device certification requirements for importers needs some language changes to avoid unintended regulatory issues, said the National Customs Brokers & Forwarders Association of America in a filing posted Wednesday in docket 15-170. While NCBFAA generally favored proposed changes to eliminate the import declaration filing requirements on FCC Form 740, the association said some language tweaks are necessary to distinguish between the parties involved in import transactions. Although the FCC intends to remove requirements for commission-specific declaration or filing upon import, the proposed language "does not accurately capture this shift," the NCBFAA said. As proposed, it said that "no radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, determines that the device meets one of the conditions of entry." But "without a declaration to affix responsibility in each instance, it will be unclear exactly who made the determination," the NCBFAA said. "If the responsible party for making the determination could be any of three entities (i.e., the importer, the ultimate consignee or the customs broker, as the proposed regulation suggests), there is no certainty for the FCC or the trade as to which party is responsible for documenting how the radio frequency device was determined to be in compliance. This leaves a potentially significant gap in affixing responsibility." Customs brokers shouldn't be among the entities considered able to make such a "determination," the group said. While fewer than 100 forms a month were filed when the form became a requirement, an estimated 2 million are filed annually today, the NCBFAA said. "By 2020, an estimated 26 billion devices may be subject to FCC jurisdiction as the Internet of Things expands, making the Form 740 filing a burdensome requirement that appears to us to yield few enforcement benefits for the FCC."