Here is a recap of the latest customs and international trade news:      

Customs and Border Protection (CBP) 

  • CBP released the August 2024 monthly update. Highlights: 
    • Stopped 400 shipments  or further examination based on the suspected use of forced labor. 
    • Identified estimated duties of nearly $7.5 billion. 
    • Seized 1,997 shipments that contained counterfeit goods. 
  • CBP provided examples of unacceptable vs acceptable cargo descriptions. The agency said this list will continue to be expanded as unacceptable descriptions are identified and acceptable descriptions are further refined. 
  • CBP has introduced a new benefit for Customs Trade Partnership Against Terrorism (CTPAT) participants. This benefit allows the use of Foreign Trade Zones (FTZs) to store goods that are subject to potential forced labor enforcement actions. 
  • CBP officers seized 277 counterfeit Lululemon Everywhere Belt bags in Delaware, that had they been authentic would have been worth about $13,000. 
  • The United States signed a Customs Mutual Assistance Agreement (CMAA) with the Republic of Uzbekistan, strengthening law enforcement and Customs support between the two nations.  
  • CBP notified the trade that all repackaged medications sold to retail customers will be required to be marked with the country of origin. 

Office of Foreign Asset Control (OFAC) 

  • OFAC published a rule on Updating Provisions Related to Blocking and Other Actions Related to Specific Property or Interests in Property. 
  • OFAC published an updated, Russia-related Frequently Asked Question (FAQ 1040). 

Bureau of Industry and Security (BIS) 

  • The governments of Australia, Canada, New Zealand, the United Kingdom, and the United States (collectively, the “Export Enforcement Five” or “E5”) marked the completion of their second annual E5 conference in Washington, D.C. by reaffirming their commitment to robust enforcement of export controls on Russia. 
  • BIS issued a final rule making changes to the provisions in the Export Administration Regulations (EAR) related to BIS’s policies and practices regarding voluntary self-disclosures (VSDs) and to the Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases (BIS Penalty Guidelines). 

United States International Trade Commission (USITC) 

  • USITC voted to institute an investigation of certain cochlear implant systems based on allegations of patent infringement. 

U.S. Department of Treasury  

  • Nippon Steel Corp (Japan), which is seeking to buy U.S. steel, will refile its request for Treasury’s Committee on Foreign Investment in the United States (CFIUS) to review the deal, giving CFIUS more time to consider the national security impact of the transaction. 

U.S. Food and Drug Administration (FDA) 

  • The FDA issued six warning letters to manufacturers and retailers for the sale or distribution of unauthorized e-cigarette products promoted at an industry trade show.  

Federal Maritime Commission (FMC) 

  • The Gemini Cooperation Agreement took effect September 9, 2024. The agreement allows Maersk A/S and Hapag-Lloyd AG and Hapag-Lloyd USA, LLC to share vessels in the trades between the United States and Asia, the Middle East, and Europe. 

United States Department of Agriculture (USDA) 

  • The USDA National Organics Program began hard enforcement of the Organics regulation on Sept. 19. Entries for organic products submitted on that date must have an Organic Import Certificate issued by a USDA-accredited certifier and both the importer and exporter must be certified. 
  • Three grape grower trade groups filed a complaint in the U.S. District Court for the District of Columbia, challenging the USDA’s notice allowing table grapes from Chile to be imported under a “systems approach” as opposed to using the standard fumigation requirements. 

Department of Justice (DoJ) 

  • The DoJ announced criminal charges in connection with the multi-agency Disruptive Technology Strike Force. The cases include charges against 34 defendants in 24 cases involving alleged export control violations, smuggling, theft of trade secrets, and other charges by actors connected to Russia, China, and Iran. 
  • The DoJ filed a civil claim against Grace Ocean Private Limited and Synergy Marine Private Limited, the Singaporean corporations that owned and operated the container ship that destroyed the Francis Scott Key Bridge. 

Congress 

  • The Deputy Secretary of State, the Honorable Kurt Campbell, testified in front of the House Foreign Affairs Committee. In his testimony, he stated that the State Department will look into the possibility of expanding export control exemptions under the Australia/UK/US security partnership. 
  • U.S. Senator Rand Paul introduced a bill that would require the approval of Congress for the President to impose duties on the importation of articles into the United States. 

Industry News 

  • A port strike looms as negotiations between unions and employers remain at impasse less than two weeks from the 1 October deadline. 177 trade organizations sent a letter to the Biden Administration urging them to intervene. 
  • A group of 45 industry organizations, sent a letter to Congress urging the prioritization of funding to the Department of Transportation’s Emergency Relief Program (ERP) to facilitate the replacement of the Francis Scott Key Bridge in Baltimore and other critical national assets impacted by unforeseen disasters. 

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