The National Marine Fisheries Service is setting new filing requirements at time of entry for imports of certain species of seafood the agency has deemed high-risk, in a final rule (here). Conceived as part of an administration-wide strategy to combat illegal, unreported and unregistered (IUU) fishing and seafood fraud (see 1503160016), filers will have to submit via ACE certain data elements and electronic documents with information on the fisher, the fish and how it was fished, in order to improve traceability of imports of the high-risk species. The importer of record must also maintain records on the chain of custody of their seafood imports, and obtain an International Fisheries Trade Permit for the high-risk species.
Trade industry representatives suggested to Fish and Wildlife Service officials during a recent meeting that it use a trusted trader program to help reduce some ACE data reporting requirements that are set to expand in 2017 (see 1611140019). Trade leaders met with the FWS officials during the East Coast Trade Symposium, according to an email from the National Customs Brokers & Forwarders Association of America. Several trade groups recently wrote a letter to FWS about the added data requirements (see 1611210004). During the meeting, "numerous proposals surfaced -- including a trusted trader concept that allowed companies to be vetted in advance," the NCBFAA said. William Woody, chief of the FWS Office of Law Enforcement "promised to address the issues raised and requested examples from the trade of where data would be required for regulated components of minimal value," the trade group said. Also discussed was the end to the Designated Port Exception Permit program, which allowed for FWS-regulated goods to enter at ports with no FWS staff present. "Woody acknowledged the consternation of ports such as Savannah and promised to work to resolve the budgetary and other issues that prompted the proposal," according to the NCBFAA. The meeting was led by Jon Gold, vice president of supply chain and customs for the National Retail Federation, and Woody, the NCBFAA said.
CBP is unlikely to make new adverse inferences about companies that are unaware of antidumping or countervailing duty evasion allegations and don't respond to information requests, said Carrie Owens, acting CBP director of operations for Enforce and Protect Act and E-Allegations. Owens discussed the EAPA procedures and the use of adverse inference (see 1608190014) during a panel at the East Coast Trade Symposium on Dec. 2. "If a party is not aware it is being requested information pursuant to an EAPA investigation, my personal view is I'm unsure how we would then apply an adverse inference to that," she said. That includes responsiveness to Customs Form 28 that CBP may issue as part of the investigation, Owens said.
An importer of record database required under the Trade Facilitation and Trade Enforcement Act (see 1602170074) may require additional work before some of what is described in the law can be put in place, said Brenda Smith, executive assistant commissioner with CBP's Office of International Trade. Smith and other officials discussed the issue with reporters during the East Coast Trade Symposium on Dec. 1. "There are a couple of ideas in that authorization bill about using brokers, polishing up a database and the way that we managed importer IDs," some of which is linked to CBP's planned updates to Form 5106 to include additional information about importers, she said. "Our intention is to report back to Congress about our progress in all of those areas and then we may need some additional support, whether it's statutory changes or automation investment, to make what they are looking for a reality. It's early days yet."
The 2017 annual user fee of $138 for each customs broker district permit and national permit held by an individual, partnership, association or corporation is due by Feb. 3, CBP said in a notice (here). This user fee is payable for each calendar year at the broker district through which the broker was issued a permit. CBP anticipates "that for subsequent years, the annual user fee for customs brokers will be due on the last business day of January of each year," it said.
The Food and Drug Administration is adopting the flexible approach urged by industry for filing in ACE of some data elements that may not be known at time of entry, in its final rule setting ACE filing requirements (here). Data elements for active pharmaceutical ingredients will remain optional, and the agency will continue to allow for a “UNK” intended use code where the intended use code is unknown at time of entry, the final rule said. However, FDA declined to allow more time for implementation of new ACE requirements, setting an effective date of Dec. 29 despite calls to allow several months for implementation.
The Department of Homeland Security (DHS) published its fall 2016 regulatory agenda for CBP (here). The agenda doesn't include any new rulemakings involving trade. Previously listed rulemakings, including on the Centers of Excellence and Expertise and Importer Security Filings, continue to be on the agenda. CBP aims to issue an interim final rules on the CEEs in December (here), it said. The agency said an ISF final rule is also planned for release in December, with an effective date in January (here).
International Trade Today is providing readers with some of the top stories for Nov. 14-20 in case they were missed.
The prospect of punitive tariffs and a renegotiated NAFTA could significantly impact customs brokers, but some could see benefits from U.S. leverage in any NAFTA withdrawal talks and potential port investments under the Trump administration, National Customs Brokers & Forwarders Association of America Legislative Representative Jon Kent said during a Nov. 22 webinar. The required six-month window between submitting a withdrawal notice to NAFTA members and actual departure could give Trump an advantage in promoting U.S. interests, potentially spurring flexibility from Canada and Mexico during talks, Kent said. “It may not be enough, he may want to go further, and they’re willing to take it,” he said. “Having the ability just to shut down the agreement may provide him some edge. I think he’s well known as a negotiator, and I think this may be part of that inclination.”
Regulatory agencies with jurisdiction over imports and exports published their regulatory plans for the next several months as part of the Fall 2016 Unified Agenda (here). New rulemakings include the development of a national standard for disclosing bioengineered food, a final rule to require filing of new data elements for high-risk seafood imports and a proposal to allow imports of poultry slaughtered in China.