January 2024

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

2024 Regulatory Agenda 

• New regulation alert: the semiannual regulatory agendas of the departments of Homeland Security and Treasury list several regulations impacting international trade that are expected to be finalized this year. The new regulations include: 
  • A proposed rule to create a new process for entering low-value shipments 
  • A final rule to require customs brokers to verify the identity of importers and non-resident importers and create a process for doing so 
  • A proposed rule to require the submission of export manifest data through ACE for cargo transported by rail 

Customs and Border Protection (CBP)  

• CBP modifies certain aspects of the ACE Entry Type 86 test to counter “enforcement challenges” involving low-value shipments involved in the test. 
  • These challenges include illicit substances, counterfeit goods, and goods made with forced labor found among some of the imports involved in the Type 86 test. 
  • To address these problems in the test, CBP will modify the deadline to file Entry Type 86 from “within 15 […]
    

Customs and Border Protection (CBP)  

• On Jan. 16, customs brokers will begin receiving messages on entry summaries that are potentially noncompliant for AD/CVD.  
  • CBP is aiming to address AD/CVD entry summaries that appear to have mitted companion AD or CVD case numbers and/or applied an improper company-specific 10-digit AD/CVD case number.  

Food and Drug Administration (FDA) 

• Reckitt/Mead Johnson Nutrition voluntarily recalled certain Nutramigen Hypoallergenic Infant Formula Powder products due to possible Cronobacter sakazakii contamination.  
• The FDA issued new guidance to help drug manufacturers limit consumers’ and patients’ exposure to unacceptable levels of benzene in certain drug products.  
  • The guidance provides manufacturers with recommendations for testing and documentation related to reformulation of drug products that use carbomers manufactured with benzene, taking into consideration the various routes of administration and dosage forms of affected drug products. 

 Department of Justice (DOJ)  

• The New Hampshire charity NuDay was sentenced to five years of probation for export offenses.  
  • The charity violated U.S. export control laws when it sent over 100 shipments of humanitarian goods […]