The Court of International Trade is currently considering the case of Lizarraga Customs Broker v. Bureau of CBP et al. regarding U.S. Customs and Border Protection's deactivation of the entry filer code of a customs broker who, according to CBP, sold the use of his code to unauthorized third parties and repeatedly misused it in other ways.
U.S. Customs and Border Protection has issued a CSMS message regarding the computer changes necessary for the implementation of the Food and Drug Administration's May 6, 2009 final rule on prior notice (PN) of food (including animal feed), which is imported or offered for import into the U.S.
The Government Accountability Office has issued a report and agency comments on its review and oral briefing for the Senate and House Appropriations Subcommittees on the Department of Homeland Security's fiscal year 2009 expenditure plan for the Secure Border Initiative (SBI). Approval of SBI's expenditure plan by these committees was required before DHS could obligate $400 million of the approximately $775 million appropriated for U.S. Customs and Border Protection fencing, infrastructure, and technology. (GAO report summary, dated 04/30/09, available at http://www.gao.gov/products/GAO-09-274R)
In November 2008, U.S. Customs and Border Protection issued its interim final rule which amended 19 CFR to require Security Filing (SF) information from importers and additional information from carriers (10+2) for vessel (maritime) cargo before it is brought into the U.S.
CBP recently posted guidance on how it will enforce the Lacey Act Plant Product Declaration requirement for covered products beginning May 1, 2009. Among other things, the guidance provided information on a new pilot program for current participants in the Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) program whose products require a Lacey Act declaration during the current phase of enforcement. CBP's instructions for the pilot covers ALR/BRASS shipments for June 2009; CBP did not provide (or did not clearly provide) instructions for ALR/BRASS participants entering covered products during the month of May.
CBP has issued a CSMS message stating that it has come to its attention that some surety companies and some customs brokers, acting as agents for sureties, are using CBP 301 (customs bond) forms which include extraneous information such as "Power of Attorney Limited to [dollar amount]." All sureties and brokers are instructed to discontinue, effective immediately, use of any CBP 301 form which has such extraneous information. (See ITT's Online Archives or 02/05/08 news, 08020505, for BP summary announcing that CBP would reject CBP 301 bond forms or bond riders submitted with extraneous liability limitation language effective February 11, 2008.) (CSMS 09-000209, dated 04/29/09, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17599&page=&srch_argv=09-000209&srchtype=all&btype=&sortby=&sby)
U.S. Customs and Border Protection has posted new guidance on how it will enforce the Lacey Act Plant Product Declaration1 requirement for covered products beginning May 1, 2009.
U.S. Customs and Border Protection has posted a Broker Self-Assessment Outreach Pilot Program (BSA pilot program) quick reference guide.
CBP has posted a notice on the Broker Self-Assessment Outreach Pilot (BSA pilot program) that it recently announced it would be launching. (See ITT's Online Archives or 04/27/09 news, 09042710, for BP summary announcing that CBP is seeking applicants for the BSA pilot.) (Notice, dated 04/27/09, available at http://www.cbp.gov/xp/cgov/trade/trade_programs/bsa/bsa_pilot.xml)
The Food and Drug Administration has announced the availability of a compliance guide for small entities regarding its November 2008 final rule on Prior Notice (PN) of imported food which takes effect May 6, 2009.