The Customs Business Fairness Act, a bill that would restore a carve-out to bankruptcy law that would protect customs brokers, was reintroduced in the House last week. The bill would make it so that the money that brokers send to CBP to pay tariffs is not subject to clawback if the clients who paid the tariff go bankrupt. In bankruptcy, clawback provisions are there so that company insiders or other parties don't get favorable payments just before a filing.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
A recent change to CBP's Part 111 customs broker regulations that requires client termination and reporting to CBP of intentional attempts by the client to defraud the government could conflict with existing prior disclosure laws and put the broker-importer relationship into conflict, Sandra Bell, a DLA Piper trade lawyer and former CBP official, said in a March 9 blog post.
CBP released a new fact sheet March 8 on new provisions of the Part 111 customs broker regulations that require brokers to notify CBP when separating from a client that is intentionally attempting to defraud the U.S. government or commit another criminal act.
CBP's Commercial Customs Operations Advisory Committee (COAC) will next meet March 29 in Seattle, CBP said in a notice. Comments are due in writing by March 24.
CBP issued the following releases on commercial trade and related matters:
A case involving the appraisal and correct tariff payments on six large stamping presses for automobile manufacturing has concluded in mediation, with all issues settled, according to a Feb 28 mediation report (Aida-America v. U.S., CIT # 18-00215).
CBP issued the following releases on commercial trade and related matters:
TransUnion denies it violated the Fair Credit Reporting Act (FCRA) by failing to delete inaccurate information from plaintiff Israel Mertz’s credit file after receiving notice of the inaccuracies in his Verizon account (see 2212300022), said its answer Monday (docket 7:22-cv-10938) in U.S. District Court for Southern New York in White Plains.
CBP reminded customs brokers that their powers of attorney must be updated by Feb. 17 to comply with the agency’s Part 111 customs broker modernization final rule, in a CSMS message Feb. 13. Under the final rule, “a broker must execute a POA directly with an importer of record or drawback claimant (client) and not through a freight forwarder or other third party to transact customs business on behalf of the client,” CBP said.