U.S. companies can use their compliance programs to mitigate the impacts of updated CBP guidelines that will make it more expensive to secure goods seized for export violations, according to an Aug. 12 post by Sandler Travis. CBP recently issued its updated mitigation guidelines for export control seizures, announcing it is eliminating the terms “technical violations” and “substantive violations” (see 1908050038). But CBP also introduced a new set of mitigating and aggravating factors related to export control seizures, and an effective compliance program can play an important role in minimizing the cost, the post said. “CBP may reference these guidelines when making such decisions,” the post said, adding that “export compliance programs and other factors can help lower that cost.”
The Fish and Wildlife Service is ending its practice of imposing blanket restrictions on importation and exportation of species listed as threatened under the Endangered Species Act, it said in an Aug. 12 press release. Going forward, import and export restrictions will not automatically apply to species listed as threatened, and FWS will have to issue a species-specific “Section 4(d)” rule to implement any restrictions on import, export and taking, the agency said. Species currently listed as threatened will not be affected, FWS said.
The Environmental Protection Agency is proposing new reporting requirements for 31 chemicals under significant new use rules. The proposed SNURs would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized, EPA said. Exporters of these chemicals would become subject to export notification requirements. Comments on the proposed SNURs are due Sept. 5.
U.S. exporters that do not submit to CBP a valid beef certificate number for exports to Uruguay will receive a warning message beginning Aug. 3, according to a July 31 CBP notice. The warning message “is provided to ensure the certificate number submitted with the line information is indeed a valid certificate number,” CBP said. The agency plans to transition from a warning message to a rejection message by November 2019, and will give notice in advance of the change.
The Environmental Protection Agency is proposing new reporting requirements for 31 chemicals under significant new use rules. The proposed SNURs would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized, EPA said. Exporters of these chemicals would become subject to export notification requirements. Comments on the proposed SNURs are due Aug. 30.
CBP is requesting comments by Aug. 22 on an existing information collection for certificates of registration. CBP proposes to extend the expiration date of this information collection without a change to the burden hours or information collected.
The Census Bureau emailed a tip on how to address “the most frequent messages that were generated in [the Automated Export System] for this month." Response code 835 is a verify message for value of goods that are “too high for commodity reported,” Census said. This occurs when the value of the goods is higher than expected “based on historical statistical values for the particular goods,” Census said. This might indicate a “keying error or misclassification of the product.” Census advises filers to “[v]erify the Value of Goods and Schedule B/HTS Number, correct the shipment and resubmit (if necessary). If the line item is verified correct as reported, no action is necessary.” For a complete list of commodity filing fatal error response codes for June 2019, check this CBP document.
The Bureau of industry and Security posted the presentations from its annual conference held July 9-11 in Washington.
The Census Bureau posted the July issue of TradeSource, the agency's trade-focused newsletter. Among topics in this issue is a comparison of AESDirect Shipment Manager and ACE Export Reports. "Both tools were designed to assist exporters and agents in managing their export transactions, but each has its own purpose," said Maritza Torres and Mayumi Brewster of the Governments and Trade Management Division. ACE Export Reports "includes all shipment data that is found in the Automated Export System (AES)," while the Shipment Manger "is limited to shipments filed only in AESDirect." Another item in this issue examines the benefits of foreign-trade zones.
The Agriculture Department is asking for comments on the sanitary and phytosanitary standard (SPS) setting activities at the Codex Alimentarius Commission from July 20, 2018, to June 21, 2019, and June 21, 2019, to May 31, 2020. The notice provides a list of the standard-setting activities, as well as other types of Codex standards like commodity standards, guidelines, codes of practice and revised texts. Attachment 1 to the notice sets forth the SPS standards under consideration or planned for consideration, as well as, for each SPS standard specified: (1) a description of the consideration or planned consideration of the standard; (2) whether the U.S. is participating or plans to participate in the consideration of the standard; (3) the agenda for U.S. participation, if any; and (4) the agency responsible for representing the U.S. with respect to the standard.