Spirulina Blue Colour is a "binder for foundry molds" for tariff purposes rather than a microorganism or animal product, according to an Aug. 26 CBP headquarters ruling, HQ H324168. The product at issue is Spirulina Blue, a water-soluble, coloring powder that ranges from light greenish blue to dark blue. Made in China, it's sold to food manufacturers for use in the beverage, confectionary, dairy, nutraceutical and pet food industries, according to Calico Food Ingredient. The product is said to “enhance immunity” and have “anti-inflammatory, anti-oxidant, and anti-cancer effects.” The powder originates with spirulina, a one-cell algae from which the blue color phycocyanin is extracted. The ingredients in the CA2786 Spirulina Blue Colour are composed of 50%-55% phycocyanin from China, 45%-50% trehalose from Japan, and 5% sodium citrate from China. The trehalose is meant to protect the protein and the sodium citrate is meant to adjust the PH and can protect the color.
CBP officials raised the prospect of an indefinite delay to their plans to add a new data element for the Chinese postal code to cargo release filings, after customs brokers and software developers raised concerns about the new requirement during a regular bi-weekly call to discuss ACE on Oct. 27.
The Customs Rulings Online Search System (CROSS) was updated Oct. 22 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The practice of providing tariff schedule subheadings for merchandise sold to customers is "customs business," and requires a customs broker license even if a disclaimer is included that the customer shouldn't rely on the classification, CBP determined in a Sept. 29 ruling, released on Oct. 22.
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.
The practice of providing tariff schedule subheadings for merchandise sold to customers is "customs business," and requires a customs broker license even if a disclaimer is included that the customer shouldn't rely on the classification, CBP determined in a Sept. 29 ruling, released on Oct. 22.
The right third-party auditor is critical to the chances of success a foreign supplier may have in getting a withhold release order lifted on its products, customs lawyer Jessica Rifkin of Ben L. England and Associates said on Oct. 20. “The most important decision” that a producer can make is selecting an auditor whose results will be "credible and reliable,” she said during a webinar hosted by the National Customs Brokers & Forwarders Association of America.
CBP released a new “job aid” for customs brokers Oct. 20 on powers of attorney, as part of its broader effort to inform brokers of changes to the Part 111 regulations published two days prior (see 2210170027). The document includes a checklist of requirements for how brokers should execute a POA, and notes that the broker modernization final rule changed POA requirements by mandating that brokers execute POAs directly with an importer or drawback claimant, without going through a third party, such as a forwarder. The final rule also says compensation agreements between forwarders and brokers cannot forbid or prevent direct communication between an importer or claimant and the broker.
CBP posted to its Part 111 final rule webpage a list of customs brokers currently operating only on district permits who will be transitioned to national permits over the next two months. The agency said any brokers who aren’t on the list but think they should be included should reach out to “the Broker Management Officer at the port through which your license was issued and/or the Broker Management Branch.”
The Airforwarders Association and the National Customs Brokers & Forwarders Association of America say tax money is needed to underpin the air cargo industry, because of "substantial revenue shortfalls" at airports. "Because of the lagging financials, airports will be allocating the monies of the Infrastructure Act to passengers, security, and safety, leaving insufficient funds to sustain air cargo operations," the groups said Oct. 18.