ACI’s Import Compliance & Enforcement Conference,

The American Conference Institute will be having its 8th Import Compliance and Enforcement Conference on June 11, 2013, in Washington DC. The conference will consist of two days full of lectures discussing highly complex U.S. import compliance challenges, along with how to satisfy Canadian and Mexican customs authorities. Unlike previous conferences, this unique event is designed to provide attendees with a comprehensive benchmarking experience, where participants can exchange best practices and lessons learned for 2013 and beyond. Some of the most notable industry experts that will be present are Chrystler, Hershey, Williams-Sonoma, Boeing, IBM, General Electric, Cisco, Tyco and yours truly.

This event is uniquely designed to maximize benchmarking on how to resolve the most complex, pressing import compliance issues affecting the industry. The new program features for 2013 are:

  • Two highly focused sessions on valuation and transfer pricing:
  • ISA member case studies: New and longstanding members speak about their recent experiences, and how to meet ISA requirements.
  • Inside a focused assessment: Lessons learned from recent experiences on how to handle common and unanticipated CBP requests
  • CTPAT and Foreign Re-Validations: Meeting new expectations for CTPAT risk assessments, and how the new EU Mutual Recognition Agreement affects importer validation requirements
  • NAFTA, CAFTA, and US-Korea – FTA success stories:
    • The finer points to minimizing duties, fees, taxes, red tape, and proving origin
  • Developing a global strategy for customs classification and tariff engineering.

One of the most notable topics discussed will be broker selection and management. I have the privilege to discuss important aspects within […]

FDA Investigates Caffeine in Foods

Recently, there have been several reports citing illness, hospitalizations, and death after consumption of food and beverages containing high doses of caffeine. These reports have prompted the FDA to investigate multiple products with high amounts of caffeine that are currently being sold on the market. Some of the most notable reports include products such as 5-Hour Energy, Monster Energy Drink, and Wrigley Alert Energy Gum.

The FDA is closely monitoring these types of products and is investigating their safety. They are primarily concerned with the effects of these products on children. The manufacturers of this merchandise claim that they are marketed and labeled exclusively for adult use. However, critics of these products remain skeptical due to the fact that caffeine is added to items like candy, which is attractive to children.

The FDA seeks to limit the intake of unhealthy dosages of caffeine, especially with respect to children. The FDA believes that the dissemination of products composed of high amounts of caffeine create concerns because, “it will be increasingly easy to consume caffeine throughout the day, sometimes unwittingly, as companies add caffeine  to candies, nuts, snacks and other foods.” Although several hospital reports mention these caffeinated products, it is still unclear whether the adverse effects were triggered by the caffeine intake. FDA officials state that they would take action if they could link the deaths to consumption of the energy drinks, including forcing the companies to take the products off the market.

Some manufacturers of caffeinated products have already taken internal measures to mitigate the problems caused by their product. For instance, Wrigley […]

By |2022-07-07T09:56:45-04:00May 3, 2013|FDA Issues|0 Comments

Ready to Travel to Cuba? OFAC Simplifies Process

On April 18, 2013, the Office of Foreign Assets Control (“OFAC”) announced its effort to streamline license processing procedures by accepting requests for licenses, license amendments, and interpretive guidance electronically. This will not only simplify the process for those that wish to travel to Cuba, this new electronic application program can also be used for applications to request the release of blocked funds and much more.

For those that are more “old school” – you still have the opportunity to submit applications by snail mail pursuant to 31 C.F.R. § 501.801.

The new electronic OFAC License Application Page will allow users to apply:

  1. to travel to Cuba (for many, though not all, categories of travel to Cuba);
  2. to export agricultural commodities, medicine, or medical devices to Sudan or Iran pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000;
  3. for the release of a wire transfer blocked at a U.S. financial institution; and
  4. for a license or interpretive guidance in all other circumstances (referred to generally as Transactional).

For those wishing to travel to Cuba in a jiffy, you must first consult an expert to review and assure you understand the Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba.  Once you know that you can apply to OFAC for your specific category of travel – the next step is reviewing the online application page.

Thus far, the electronic form may be used to apply for licenses to travel to Cuba in the following categories […]

Do You Keep Your Manifest Information CONFIDENTIAL?

Did you know importers and consignees can request that U.S. Customs and Border Protection (CBP) keep your manifest information confidential?

If you are currently letting your competitors know your source, read on, and learn how to keep your private data private!
Pursuant to the privacy statute, 19 C.F.R. § 103.31 (d) the public is allowed to collect manifest data (e.g., bills of lading) at every port of entry. This information is limited to vessel manifests. Air, rail, and truck manifests are not available to the general public in any form.

Websites such as panjiva.com, datamyne.com, importgenius.com, and trademo.com/product, (to name a few) collect and publish the names of importers, suppliers, and manufacturers from vessel manifest data. This can be troubling for some, as your competitors are able to access information related to the sourcing and/ or manufacturing of your products. However, an importer/shipper may make a request to CBP for confidentiality. The confidential protection is valid for 2 years, thereafter, you have to renew your request.

The public may obtain manifest data at every port of entry. However, Section 103.31 states that

Only the name and address of the shipper, general characteristics of the cargo, number of packages, gross weight, name of the vessel, port of exit, port of destination, and country of destination may be copied and published.

The regulation also states that

An importer or consignee may request confidential treatment of its name and address contained in inward manifests, […]

Deadline for FDA Rules Demanded

Proponents of food safety, such as The Center for Food Safety, are putting pressure on the FDA to implement the proposed regulations enacted under the Food Safety Modernization Act. Currently, there is an ongoing case between The Center for Food Safety and the FDA. The case has been presented to a California federal judge who is being urged to impose strict deadlines. The regulations that are being discussed are aimed at making the national food supply safer. Advocates for the Center for Food Safety argue that the FDA has missed deadlines set by Congress.

The multiple deadlines set by Congress originally expired on October 2011, January 2012, and July 2012. However, the FDA has not finalized the implementation of the provisions desired by food safety proponents of the 2011 Food Safety Modernization Act. These provisions would regulate farms, food imports, food transportation, and the analysis of human and pet foods. Implementing these provisions is an urgent issue; food borne illnesses kill approximately 3,000 Americans each year.

The FDA argues that an unrealistic timeline was placed on them to fulfill the goals of this act. The agency claims that completing this task will take longer than expected because they are understaffed. Arguably, this delay can be seen as one of the side effects of the recent sequestration. The agency has submitted a set of rules to the Office of Management and Budget (OMB) in order to enact the law. However, the OMB has not yet […]

By |2015-11-30T13:17:38-05:00April 17, 2013|FDA Issues|0 Comments
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