CBP posted an updated version of its notice announcing that the next customs broker license exam will be on Wednesday, Oct. 3.
Sept. 9 NCBFAA board, Transportation Committee, and Customs Committee meet, Washington Hyatt Regency on Capitol Hill, Washington, DC -- http://www.ncbfaa.org/Scripts/4Disapi.dll/4DCGI/cms/review.html?Action=CMS_Document&DocID=12746&Time=-220982284&MenuKey=about
Chances are slim that the Hitachi case on time limits for CBP protests will be taken up by the Supreme Court, say industry lawyers, and that is feeding a growing push for a legislative solution. In its decision, the Court of Appeals for the Federal Circuit said the statutory two-year period for CBP to decide protests isn’t binding. But the remedy CAFC said is available to importers, accelerated disposition, could hurt smaller importers without the resources to challenge a deemed denial in court, industry lawyers said. Furthermore, CBP itself could face adverse consequences as more importers file for accelerated disposition. As a result, industry groups and customs brokers have begun pushing for amendments to the statute that would hold CBP to a time limit.
The National Customs Brokers and Forwarders Association of America "is uncertain" that the Federal Maritime Commission's "development and release of container freight indices for U.S. agricultural exports is appropriate or necessary," it said in comments filed Aug. 8 at the FMC in docket 12-07. NCBFAA surveyed its members about the FMC action, it said, but most found it difficult to evaluate the FMC proposal due to lack of sufficient information about how the indices would be created and what the actual impact of the indices would be. But it said "many respondents indicated that they were concerned that the indices might have a detrimental effect on various participants of the industry." It said there has been "considerable volatility" in container rates, but said that was not unusual. NCBFAA said the survey responses indicated:
Aug. 21 CBP roundtable on revision of customs regulations (19 CFR Part 111), noon Aug. 21, Conference Room 2M8-10 2nd Floor 2305 NW 107th Ave. Miami -- apps.cbp.gov/te_registration/?w=90 (See 12080930)
Hitachi Home Electronics (America) wants the U.S. Supreme Court to step in and strengthen a 42-year-old federal statute that bars CBP from dragging its feet on import duty protests, it said in a July 30 petition. Only the Supreme Court "can remedy the harm caused by the Federal Circuit's decision which affects all customs duty protests and, potentially, all imports into the United States," it said. "This case, containing no factual disputes, offers this Court a clean opportunity to examine the federal question of paramount importance raised in this case." Responses to Hitachi's Supreme Court request are due Aug. 31.
CBP will soon launch a pilot test of the Importer Self-Assessment Pre-Certification Program (ISAPC) that will allow CBP-certified customs brokers to screen and vet applicants to CBP’s ISA program, the agency said in a report on the Advisory Committee on Commercial Operations (COAC) Role of the Broker Subcommittee. The report was released ahead of the Aug. 15 COAC meeting in Seattle. According to CBP with ISAPC, eligible ISA applicants will be approved for the program in 90 to 120 days rather than 9 to 18 months. The CBP Role of the Broker report is (here).
CBP sought comments on a proposed amendment to its regulations that would add recordkeeping requirements to U.S. exports of rough diamonds and include additional information on requirements for rough diamond import and export. CBP is proposing to require any U.S. persons exporting from the U.S. a shipment of rough diamonds to retain a copy of the Kimberley Process Certificate accompanying each shipment for at least five years from the date of export and make the copy available for examination at the request of CBP, the agency said in a notice in the Federal Register Aug. 15. Comments on the proposals are due Oct. 15.
The Court of Appeals for the Federal Circuit affirmed the Court of International Trade’s February 2011 decision against a customs broker that sought to compel CBP to issue a ruling on its protests. In its decision, CIT had said customs broker Norman G. Jensen still had an administrative remedy in the form of accelerated disposition to force a protest ruling, so CIT had no subject matter jurisdiction for lack of exhaustion. CAFC agreed with CIT, saying Jensen should have requested an accelerated disposition of the protest with CBP and filed suit under 28 USC 1581(a) should the protest have been deemed denied, rather than filing suit under 28 USC 1581(i) before the protest was decided.
CBP said it and the Department of Commerce are planning a national webinar for customs brokers on aluminum extrusions AD/CVD cases in September. CBP mentioned the webinar in its Antidumping Countervailing Duty Subcommittee report for the upcoming Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) meeting on Aug. 15 in Seattle. CBP said it is actively looking at building an increase in the amount of product specific knowledge through greater outreach to industry experts and such meetings are "an opportunity to learn about specific allegations as well as industry trends and patterns while providing the trade with updated information on what CBP actions could be taken as part of bidirectional education."