Express shippers are troubled by a footnote that suggests the U.S. could lower its de minimis rate for NAFTA partners (see 1811060010) and ask that it be removed, said Michael Mullen, executive director of the Express Association of America, during a Nov. 15 U.S. International Trade Commission hearing. Mullen also said the fact that the taxes and duties levels are separate means the $40 Canadian and $50 for Mexico will be the operative de minimis amounts. That Canadian level "is among the lowest in the world," Mullen said, adding that Mexico already offers simplified duties and taxes above $50 and $117, so the administration needs to make sure the pact does not make things worse.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 5-11:
CBP is delaying the final transition date in ACE for moving customs brokers to national permits by one year until August 2020, it said in an updated deployment schedule posted to its website. The agency is also delaying the scheduled deployment date for certain Generalized System of Preferences fixes by several months, from December 2018 to March 2019, CBP said. The updated schedule no longer includes scheduled deployments for a vessel agent account type, which would have allowed payment of maritime processing fees online, or non-intrusive inspection program related improvements, which were set to modernize the entrance and clearance process in the truck environment using the Multi-Energy Portal imaging system (see 1809240020). Finally, CBP set a concrete deployment date of Feb. 9 for its upcoming ACE Form 5106 input process and unique identifiers for the Centers of Excellence and Expertise. A September version of the schedule had said they’d be deployed in February 2019.
International Trade Today is providing readers with some of the top stories for Nov. 5-9 in case they were missed.
The Port of New York/Newark issued a Nov. 9 notice on the importance of validating powers of attorney "prior to transacting Customs business on behalf of the principal." Ensuring the validity of each POA allows brokers to join CBP "on the national security frontlines in verifying the data used to screen what enters this country," Port Director Adele Fasano said. "In addition to security, the broker's own professional business interest and continuing obligation to demonstrate 'reasonable care' require verification of the POA grantor's identity and legal authority (position in a company or partnership) to enter into a POA. CBP has successfully pursued administrative penalties as well as criminal prosecution against brokers who fail to obtain valid POAs."
NEW YORK -- Clients are asking "how can I make a bad situation better," said Mary Jo Muoio, senior vice president for trade services for Geodis, a customs broker firm. Muoio, who was speaking on a panel on "Tackling the Trade War: Solutions for Companies Across the Supply Chain" at the Apparel Importers Trade and Transportation Conference, said some of those client questions and plans are not sophisticated. She quoted one client who asked: "If I send it to Taiwan and label it Taiwan, does it get me out of the 301?" She quipped, "Well, it gets you in jail."
The 2019 annual user fee of $144.74 for each customs broker district permit and national permit held by an individual, partnership, association or corporation is due by Jan. 25, CBP said in a notice. If a broker fails to pay the annual user fee by the published due date, the appropriate port director will notify the broker in writing of the failure to pay and will revoke the permit to operate. The 2019 fee represents an increase from last year's user fee of $141.70, as previously announced (see 1807310028).
A New York resident was sentenced to 30 months in prison over a scheme to import some $250 million in counterfeit footwear and apparel by way of importer identity theft, the Justice Department said in a press release. Su Ming Ling provided stolen identities to multiple customs brokers to bring in 200 shipping containers of counterfeit goods from China, DOJ said. Ling was charged last year (see 1709050044) and pleaded guilty in January. “With today’s sentence, Ling has been held responsible for illegally importing millions of dollars’ worth of knockoff goods that displace consumer demand for companies’ genuine products,” said Richard Donoghue, U.S. attorney for the Eastern District of New York.
International Trade Today is providing readers with some of the top stories for Oct. 22-26 in case they were missed.
A customs broker is off the hook for a filing error that caused an importer to miss a sugar tariff-rate quota and pay more than $100,000 in duties. A Georgia state appeals court On Oct. 19 ruled against the importer, Peachtree Playthings, in a lawsuit that claimed damages for the broker’s gross negligence, as well as punitive damages and attorney fees. The power of attorney appointing the broker, D.J. Powers Company, was a contract for the broker’s services, and any lawsuit for the mishap had to proceed under the contract’s terms, the court said.