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Form 5106 Deployment to Be Delayed if Shutdown Continues Beyond Feb. 1
January 16, 2019 by Tim Warren|Top News

CBP will delay the deployment of the CBP Form 5106 in the Automated Broker Interface if the partial federal government remains shut down as of Feb. 1, said John Leonard, CBP executive director-trade policy and programs, during a Jan. 16 conference call with industry. CBP recently set a concrete deployment date of Feb. 9 for its upcoming ACE Form 5106 input process (see 1811130052) and posted a draft version of the form (see 1812240003). "If we are happily open by Feb. 1, we will proceed with a Feb. 9 deployment for the 5106."

Government Shutdown Affecting EPA Imported Vehicle Compliance Determinations, Paper NOA Handling
January 10, 2019 by Tim Warren|Top News

The partial federal government shutdown is preventing the Environmental Protection Agency's review of vehicle import compliance and paper notices of arrival for pesticides. "EPA personnel are not excepted from the shutdown for the purpose of making compliance determinations or otherwise advising CBP on the compliance of any such vehicles and engines," according to one automatic response from an EPA employee contacted by email. "In the case of any urgent need for CBP to discuss a matter with the EPA regarding the importation of vehicles and engines subject to the Clean Air Act, please contact Evan Belser at belser.evan@epa.gov or 202-564-6850. Mr. Belser is the Chief of the Vehicle and Engines Enforcement Branch at EPA HQ, and is excepted for the limited purpose of managing any such correspondence."

Shutdown Causing Some Confusion on Tariff Classification
January 4, 2019 by Brian Feito|Top News

The ongoing partial federal government shutdown is causing some confusion for the trade community on tariff classification. CBP’s last tariff update in the Automated Broker Interface came on Dec. 19 (see 1812190004), but the International Trade Commission has not yet issued its annual update to the online Harmonized Tariff Schedule (see 1901020021). Further complicating matters, a presidential proclamation making more changes to the HTS is now set for publication on Jan. 7 (see 1812270038).

Topics:Customs duty
Quotas Operating Normally Despite Shutdown, CBP Says on Trade Call
January 2, 2019 |Customs

All the quota openings for Jan. 2, including the Section 232 quotas on steel and aluminum, "appear to be operating normally," according to a National Customs Brokers & Forwarders Association of America description of CBP's recent call with industry about trade processing during the federal government shutdown. "CBP stated that they are sorting through the funding lapse on legal and administrative processes, but that the trade should go ahead and meet any deadlines due to CBP," according to the NCBFAA. During the shutdown, "the ACE Help Desk and the ACE Accounts Service Desk are manned by contractors who are already funded," the NCBFAA said. "The Trade Remedy and Entry Summary mailboxes will also still be monitored." Rulings will not be issued during the shutdown, but CBP import specialists at the Centers of Excellence and Expertise are still at work and will be issuing and reviewing responses to CBP Forms 28 and 29. CBP Fines, Penalties and Forfeiture officers are also still on the job. Asked about other agencies, CBP said it is not its "intention to hold cargo, and they intend to conditionally release."

CBP Says ACE Limited by Number of Section 321 Shipments by Truck for Electronic Manifests
December 31, 2018 |Customs

CBP will not be penalizing carriers that are unable to file Section 321 manifests for truck shipments due to "CBP system limitations," the agency said in a Dec. 31 CSMS message. CBP announced plans in November to require advance electronic manifest filing for all commercial trucks with Section 321 shipments starting Jan. 1 (see 1811050010). Technical issues within ACE limit "number of Section 321 shipments that can be manifested to 5,000 or less when transported by truck," CBP said. A correction will be in place by April 1, but "absent the technical correction within ACE, carriers transporting more than 5,000 shipments of Section 321 merchandise are unable to file an electronic manifest," CBP said. CBP may still pursue enforcement action "for truck carriers with 5,000 or less shipments if the manifest was not submitted electronically," it said.