A Trek Leather executive who was recently found liable for the customs violations of his company appealed the case to the Supreme Court in a petition for a writ of certiorari filed Feb. 13. Harish Shadadpuri, the company's owner, argued he cannot automatically be held liable for over $500,000 in penalties and unpaid duties for his company’s negligent failure to declare assists on imports of men’s suits. Rather, the government has to prove he personally aided and abetted those violations, or “pierce the corporate veil” and make the case that Trek Leather’s corporate officers should be liable, of which the government did neither in the case, said Shadadpuri.
CBP and other agencies tested the procedures for resuming cargo operations at the Port of Savannah following a disaster, CBP said in a press release (here). "This exercise included 30 representatives from CBP, U.S. Coast Guard, U.S. Food and Drug Administration, U.S. Fish and Wildlife, Chatham, Ga., Emergency Management Agency, Georgia Ports Authority, and the Independent Customs Brokers and Freight Forwarders Association of Savannah," said the agency. The Jan. 21 test also looked at the resumption procedures for expedited Customs-Trade Partnership Against Terrorism cargo release, it said.
Despite expectations to the contrary, no recommendations on the collection of importer bona fides by customs brokers were forthcoming at the Feb. 11 meeting of the CBP Advisory Committee on Commercial Operations. Although it had appeared on the agenda (see 1501200017), the report of COAC’s Trade Modernization Subcommittee, which advises CBP's role of the broker activities, said it unfortunately “struggled to come to an agreement as to how the importer can identify themselves to the Customs Broker with an acceptable Bona Fides.” With the end of COAC’s current 13th term, the issue will head to the next term without outgoing role of the broker working group lead Jeff Coppersmith, who is departing the COAC. The advisory committee’s bona fides recommendations had initially been on hold while revisions to CBP Form 5106 were in development (see 13111801). CBP released its proposed revisions in October (see 14100815).
Health insurance giant Anthem's hacking last week, leaving vulnerable personal information for 80 million current and former customers and employees (see 1502050028), was a subject of an Online Trust Alliance (OTA) panel on privacy Thursday, at which speakers were divided about the breach's significance. Anthem said Wednesday that personal information was stolen, but Anthem CEO Joseph Swedish said in a statement, “There is no evidence that credit card or medical information, such as claims, test results or diagnostic codes were targeted or compromised.” A Democratic FTC commissioner and the head of the group that organized Thursday's event both called the breach a wake-up call.
Health insurance giant Anthem's hacking last week, leaving vulnerable personal information for 80 million current and former customers and employees (see 1502050028), was a subject of an Online Trust Alliance (OTA) panel on privacy Thursday, at which speakers were divided about the breach's significance. Anthem said Wednesday that personal information was stolen, but Anthem CEO Joseph Swedish said in a statement, “There is no evidence that credit card or medical information, such as claims, test results or diagnostic codes were targeted or compromised.” A Democratic FTC commissioner and the head of the group that organized Thursday's event both called the breach a wake-up call.
Despite some growing industry concern that a West Coast port shutdown is imminent, the International Longshore and Warehouse Union and the Pacific Maritime Association dismissed the rumors and are adamant that negotiations continue. "The only people that know what's happening are the folks that are negotiating," said an ILWU spokesman. A PMA spokesman said he couldn't comment on the "speculation" and that "negotiations are ongoing, as are the ILWU slowdowns at ports up and down the West Coast." One executive who is familiar with the talks said a shutdown seems "extremely unlikely."
The Fish and Wildlife Service is seeking importers, exporters and customs brokers for participation in a pilot program to test the filing of FWS-required documents through the Automated Commercial Environment. Like other agencies, FWS is required under the Obama administration’s single window initiative to transition its cargo release functions to ACE’s PGA message set by Nov. 1. At that time, ACE filers will be required to file FWS data electronically through ACE using the Automated Broker Interface, rather than using eDecs or paper, said the agency in a public bulletin issued Jan. 26 (here).
The purchaser of wooden bedroom furniture from China that was mistakenly listed by the customs broker as the importer of record (IOR) is still liable for the related antidumping duties, CBP said in a ruling (here). The Sept. 22 ruling, HQ H157616, found that the San Juan port of entry correctly held the listed importer of record liable for the entry. CBP said it agreed to consider the further review of protest because it "has not ruled on the issue of whether CBP improperly held the party shown as the importer of record on the entry documents liable for the entry."
The following customs broker licenses and all associated permits are revoked without prejudice for failure to file a triennial status report, said CBP in a notice (here).
The Food Safety and Inspection Service recently posted a letter (here) to importers with information on the agency’s transition to electronic filing of import inspection applications through the participating government agency (PGA) message set in the Automated Commercial Environment. FSIS issued a final rule in September (see 14091910), in part to facilitate its transition to electronic filing. Compliance with the rule is required by March 18. In the letter, FSIS said it is “important for importers and brokers to begin adopting and participating” in electronic import processes, “which will help ensure that FSIS meets the goals and deadlines” of the Obama administration’s single window initiative. “FSIS strongly encourages importers and brokers to work together closely in meeting FSIS import requirements,” it said.