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

 

 

 

 

U.S. Customs and Border Protection (CBP)

  • In December 2022 alone, U.S. Customs and Border Protection (CBP) processed more than 2.5 million entry summaries valued at more than $260 billion, identifying estimated duties of nearly $6.8 billion to be collected by the U.S. government. In December, trade via the ocean environment accounted for more than 40 percent of the total import value, followed by air, truck, and rail.
  • In December 2022, CBP identified 310 entries valued at more than $59 million for further examination based on the suspected use of forced labor, and which may be subject to a Withhold Release Order, Forced Labor Finding, or the Uyghur Forced Labor Prevention Act’s rebuttable presumption, and prohibited importation into the United States under 19 U.S.C. § 1307.
  • CBP announced intellectual property rights violations continue to put America’s innovation economy at risk. Trade in counterfeit and pirated goods threaten the competitiveness of U.S. businesses, the livelihoods of American workers, and the health and safety of consumers.
  • In December 2022, CBP seized 1,501 shipments that contained counterfeit goods valued at more than $178 million.
  • CBP completed 26 audits that identified $86.9 million in duties and fees owed to the U.S. government, stemming from goods that had been improperly declared in accordance with U.S. trade laws and customs regulations. CBP collected over $25 million of this identified revenue and from previous fiscal years’ assignments.
  • CBP announced new #quota updates on #brooms and #chocolate! For those similarly curious about the chocolate quota – check out more information here: https://www.cbp.gov/trade/quota/bulletins/qb-23-216“

U.S. Department of Agriculture (USDA)

  • This rulemaking amends the United States Department of Agriculture (USDA) organic regulations to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products. The amendments protect integrity in the organic supply chain and build consumer and industry trust in the USDA organic label by strengthening organic control systems, improving farm to market traceability, and providing robust enforcement of the USDA organic regulations.
    • Topics addressed in this rulemaking include: applicability of the regulations and exemptions from organic certification; National Organic Program Import Certificates; recordkeeping and product traceability; certifying agent personnel qualifications and training; standardized certificates of organic operation; unannounced on-site inspections of certified operations; oversight of certification activities; foreign conformity assessment systems; certification of producer group operations; labeling of nonretail containers; annual update requirements for certified operations; compliance and appeals processes; and calculating organic content of multi-ingredient products.

Department of Homeland Security (DHS)

  • In this final rule, the Department of Homeland Security (DHS) makes the 2023 annual inflation adjustment to its civil monetary penalties. On November 2, 2015, the President signed into law The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act).

Food and Drug Administration (FDA)

  • The Food and Drug Administration (FDA) is essentially rejecting CBD in dietary supplements and conventional foods. The basic take-away is “Given the available evidence, it is not apparent how CBD products could meet safety standards for dietary supplements or food additives. For example, we have not found adequate evidence to determine how much CBD can be consumed, and for how long, before causing harm. Therefore, we do not intend to pursue rulemaking allowing the use of CBD in dietary supplements or conventional foods.”

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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