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August 2024

Call 305-456-3830 or email info@diaztradelaw.com.

Customs and Trade News Weekly Snapshot

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

 Customs and Border Protection (CBP) 

  • Solar panels from India continue to face US scrutiny for links to China forced labor. Nearly a third of the detained Indian electronics shipments were denied since October 2022. 
  • The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, September 18, 2024, in Washington, DC. 
  • CBP announced a solicitation for applications to set up a Centralized Examination Station (CES) for Miami International Airport. The solicitation period started Aug. 20 and will expire on Oct. 19. 
  • CBP to host virtual forced labor seminar for Puerto Rico and US Virgin Islands importers. 
  • On Sept. 28, CBP will deploy enhancements to the Document Image System (DIS) to facilitate export vehicle-related document submission via Electronic Data Interchange (EDI). 
  • On Sept. 23, CBP will deploy a change in the ACE production environment (PROD) to electronically prevent filers from changing an entry via Post Summary Correction (PSC) from a non-quota entry type to a quota entry type (02). 
By |2024-08-30T10:16:06-04:00August 30, 2024|Snapshot|0 Comments
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CPSC to Begin Voluntary Stage of eFiling

The Consumer Product Safety Commission (CPSC) is actively recruiting up to 2,000 importers to participate in voluntary eFiling. 

What is eFiling?

In November 2022, the CPSC launched a beta pilot test of an eFiling initiative. The initiative allows importers of regulated consumer products to file electronically with CPSC and Customs and Border Protection (CBP) certain data elements from a certificate of compliance.

The goal of the eFiling process is to expedite targeting of shipments that put people at risk, but also allow importers to establish a good history of safety and to move their products more quickly through the ports.

CPSC anticipates that full implementation of eFiling will occur in or around 2025.

How to Get Started with eFiling

Importers must transmit Message Set data into CBP’s Automated Commercial Environment (ACE) system at the time of entry. There are two options to accomplish this:

Full PGA Message Set: The importer provides their broker with the full product certificate for the imported product and the broker files it in the CPSC PGA Message Set. This is recommended if the importer imports a limited number of regulated consumer products or does not repeatedly import the same product. 

Reference PGA Message Set: The importer pre-enters the certificate data into the CPSC Product Registry and then provides their broker with certificate identifiers to be filed in the PGA Message Set.. This option is preferable if the importer repeatedly […]

By |2024-08-29T16:43:49-04:00August 29, 2024|U.S. Consumer Product Safety Commission (CPSC)|0 Comments
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7 Tips for Filing a Prior Disclosure with CBP

All parties involved in the importation of merchandise into the US, such as importers, customs brokers, exporters, shippers,  and foreign suppliers and manufacturers, can file a Prior Disclosure (PD) with Customs and Border Protection (CBP) to  proactively disclose certain false statements, acts, or omissions in violation of 19 U.S.C. § 1592. By doing so, these parties may benefit from reduced penalties as a result of the PD filing.

Here are seven tips for filing a prior disclosure with CBP:

  1. The PD Must be Submitted in Writing

Although oral disclosures are permissible, CBP’s regulations at 19 C.F.R. 162.74 requires that oral disclosures must be followed-up with a written submission within 10 days. If you do decide to inform CBP orally first, it is recommended to keep a great paper trail of who you spoke with, what you advised CBP, and thereafter, ensure you summarize this in writing within 10 days of your discussion.

  1. Follow a Checklist to Ensure Your PD Has All the Required Information

The most critical part of the prior disclosure process is ensuring all required components are included. If a PD is deficient, it can be rejected and thereafter used against you. Required information CBP will be looking for includes:

  • Identification of the class or kind of merchandise involved in the disclosed violation
  • Identification of the importations by customs entry number, or indication of each concerned CBP port of entry and the approximate dates of entry
  • Specific false statements, omissions or acts involved in the disclosed […]
By |2024-08-28T08:26:08-04:00August 28, 2024|U.S. Customs and Border Protection (CBP)|0 Comments
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ICYMI: Court of International Trade Tells Commerce to Verify Exporter’s Nonuse of China’s EBCP

The Court of International Trade (CIT) ruled in a recent opinion that it is  unreasonable for the Commerce Department not to attempt verification of an exporter’s certificates proclaiming nonuse of China’s Export Buyer’s Credit Program (EBCP) when the exporter did not submit certificates for all its customers.

The ruling stems from an administrative review of a 2012 countervailing duty order on solar cells from China. In February 2022, Commerce initiated its Ninth Administrative Review of the order. In March 2022, the International Trade Administration (ITA) selected Risen Energy Co, a developer, manufacturer, and distributor of solar photovoltaic application products, as a mandatory respondent.

Risen reported that none of its customers used the EBCP during the period of review, and submitted non-use certificates for all but one of its U.S. customers. However, in the final results, Commerce included the Government of China’s EBCP in its calculation of Risen’s countervailing duty rate. Commerce stated that the Government of China did not provide all of the information initially requested, namely the one missing non-certificate. Therefore, Commerce concluded that Risen had failed to provide sufficient record evidence to determine non-use. Risen appealed the decision to the CIT arguing that the decision was not based on substantial evidence.

Judge Jane Restani heard the case and remanded the review of the countervailing duty order so that Commerce can attempt to verify Risen’s non-use certificates. Judge Restani stated that the conclusion that Risen failed to provide sufficient evidence based on their inability to account for a […]

By |2024-08-26T11:47:53-04:00August 26, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|0 Comments
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Customs and Trade News Weekly Snapshot

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

 Customs and Border Protection (CBP) 

  • CBP released the July 2024 monthly update. Highlights: 
    • Identified estimated duties of nearly $7.8B to be collected 
    • Stopped 408 shipments for further examination based on suspected use of forced labor 
    • Seized 2,230 shipments that contained counterfeit goods, valued at more than $1.2B 
  • CBP announced a Harmonized System Update (HSU) which contains 1,000 harmonized tariff records and 4,158 ABI records. HSU 2412 includes several updates to PGA HTS flag indicator for AMS (AM7) and adjustments required by the verification of the 2024 Harmonized Tariff Schedule (HTS). 
  • CBP’s National Commodity Specialist Division (NCSD) will hold two webinars in September as a part of its 2024 NCSD webinar series.  
  • CBP announced the agency’s 2024-2025 plan to accelerate testing and adoption of global interoperability standards, kicking off a new testing phase for innovative trade technology.  
  • CBP published an update to the antidumping and countervailing duties (AD/CVD) […]
By |2024-08-23T12:04:24-04:00August 23, 2024|Snapshot|0 Comments
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