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).

International Trade Today is providing readers with some of the top stories for 2018 in case they were missed.

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."

International Trade Today is providing readers with some of the top stories for Dec. 24-28 in case they were missed.

In recent editions of the Official Journal of the European Union the following trade-related notices were posted:

Customs brokers may still be sued under state laws despite a 1995 law that barred state claims against companies engaged in ground transportation, the U.S. District Court for Massachusetts said in a Dec. 20 decision. The federal law only pre-empts claims against motor carriers, freight brokers and forwarders engaged in ground transportation, and customs brokers don’t fall under any of those categories, the court said, allowing portions of an importer’s case against C.H. Robinson to go forward.

Lawmakers were unable to reach a federal government funding deal on Dec. 21, resulting in a shutdown that began at 12:01 a.m. on Dec. 22 and has no clear end in sight. CBP held a conference call on Dec. 21 with members of the trade to discuss the agency's operations during a shutdown, according to the National Customs Brokers & Forwarders Association of America. CBP will have conference calls during the shutdown and is preparing a CSMS message to detail its plans, the NCBFAA said.

Customs and Border Protection at our Monday deadline was awaiting Federal Register publication of the Office of the U.S. Trade Representative notice officially delaying the increase in Trade Act Section 301 tariffs on $200 billion in Chinese goods for 90 days to March 2. Though the USTR posted the prepublication notice Friday (see 1812140045), CBP confirmed it would wait to make changes in its Automated Commercial Environment portal until the notice is formally published. ACE is CBP's central system through which importers and exporters file shipment reports. The National Customs Brokers & Forwarders Association of America noted in an email to members some confusion "when customs brokers who transmit entries early for shipments arriving after January 1 notice that CBP's system applies a 25% tariff rate for these products." Brokers should be aware that "10% will be the correct duty rate on January 1, but CBP's system will nevertheless show a duty rate of 25% until official notification is published," said the association.

CBP is awaiting Federal Register publication of the Office of the U.S. Trade Representative notice delaying increased Section 301 tariffs on $200 billion in Chinese goods (see 1809180016). While the USTR posted the coming notice (see 1812140034), CBP confirmed it would wait to make changes in ACE until the notice is formally published in the Federal Register. The National Customs Brokers & Forwarders Association of America noted in an email to members that there's been some confusion "when customs brokers who transmit entries early for shipments arriving after January 1 notice that CBP's system applies a 25% tariff rate for these products." Brokers should be aware that "10% will be the correct duty rate on January 1, but CBP's system will nevertheless show a duty rate of 25% until official notification is published," NCBFAA said.

The two excluded sectors from planned Europe trade talks -- agriculture and autos -- both want to be included, according to comments filed with the Office of the U.S. Trade Representative ahead of the Dec. 14 public hearing on negotiation priorities. More than 150 organizations and individuals shared their views in the USTR docket ahead of the Dec. 10 deadline for comments.