Here is a recap of the latest customs and international trade law news:
Customs and Border Protection (CBP)
- CBP’s Area Port of Boston announces agreement with operator for a centralized examination station.
- Registration for the 2024 Trade Facilitation and Cargo Security Summit will open January 10, 2024 at 12:00 pm ET.
- Reminder: ACE entry summary query deployed November 4 which includes the Entry Summary Query enhancement.
- The Entry Summary Query enables Automated Broker Interface (ABI) filers to query entry summaries that have been filed in ACE. Additionally, it enables surety companies to query entry summaries for which they have an associated active bond.
- Harmonized System Update – start date Nov. 4, 2023: HSU 2313 includes the modifications to HTS records that were recently implemented in Production following Collections Release 7 deployment.
- HTS Code: 0802991000 – INSHELL PECANS
- HTS Code: 0802991500 – SHELLED PECANS
- HTS Code: 0604200020 – FRESH, EVERGREEN CHRISTMAS TREES, DOUGLAS FIR
- HTS Code: 0604200040 – FRESH, EVERGREEN CHRISTMAS TREES, FIR EXCEPT DOUGLAS FIR
- HTS Code: 0604200060 – FRESH, EVERGREEN CHRISTMAS TREES, OTHER
Congressional Executive Commission on China (CECC)
- The Chairs of the CECC wrote a letter to President Biden asking the President to be the “voice” of Uyghurs living in the United States who fear speaking out publicly for relatives disappeared or detained in the Xinjiang Uyghur Autonomous Region (XUAR) because the PRC police and security forces use “intimidation and other tactics to coerce” their silence.
Food and Drug Administration (FDA)
- FDA delays MoCRA enforcement by 6 months
- The agency will delay the enforcement of the requirements for cosmetic product facility registration and product listing requirements under MoCRA for an additional six months after the Dec. 29, 2023, deadline (i.e., July 1, 2024) to ensure the industry has sufficient time to submit such information.
- In addition, the FDA will not enforce the registration requirement for owners or operators of facilities that first engaged in manufacturing or processing a cosmetic product after Dec. 29, 2022, or the listing requirement for cosmetic products first marketed after Dec. 29, 2022, until the July 1, 2024 deadline.
- FDA warns consumers not to purchase or use certain eye drops from several major brands due to risk of eye infection.
- Phase 3 of “Transition Plan for Medical Devices That Fall Within Enforcement Policies Issued During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency” began on November 7, 2023.
National Oceanic and Atmospheric Administration (NOAA)
- NOAA seafood import bans expected in 30 Days
- The Marine Mammal Protection Act mandates that NOAA ban seafood imports by November 30, 2023.
- NOAA has already extended the deadline twice. Another extension could result in more litigation.
- NOAA is expected to announce potentially far-reaching import bans that will take effect December 31, 2023.
U.S. Department of Commerce (DOC)
- Cast iron soil pipe fittings from the People’s Republic of China: Final results of the expedited first sunset review of the antidumping duty order
- Light-walled rectangular pipe and tube from the Republic of Korea: Final affirmative determination of circumvention of the Antidumping Duty Order
Bureau of Industry and Security (BIS)
- BIS issues temporary denial order against 7 persons and 3 companies for illegally exporting electronics with military applications to Russia
- BIS and FinCEN issued a joint notice highlighting a new Suspicious Activity Report (SAR) key term (“FIN-2023-GLOBALEXPORT”) for financial institutions to reference when reporting potential efforts by individuals or entities seeking to evade U.S. export controls not related to Russia’s invasion of Ukraine.
- BIS is rescheduling the Update Conference on Export Controls and Policy from November 28–30, 2023 to March 27-29, 2024.
Federal Maritime Commission (FMC)
- FMC released its September activity report. Highlights:
- Substantive progress is being made in completing three of the rulemakings mandated by the Ocean Shipping Reform Act of 2022.
- FMC Chairman Daniel Maffei honored by the Association of Bi-State Motor Carriers as the 2023 Malcom McLean Award winner in recognition of his leadership and work over the past year supporting the intermodal transportation industry.
- OTT licensing activity – Applications: 36; Revocations 25
U.S. Department of Treasury Office of Foreign Assets Control (OFAC)
- OFAC announced a settlement with daVinci Payments (daVinci), which manages prepaid reward card programs. DaVinci agreed to remit $206,213 to settle its potential civil liability for apparent violations of sanctions on Crimea, Iran, Syria, and Cuba.
- Sanctions list updates
- Issuance of Russia-related General License
- The Financial Crimes Enforcement Network (FinCEN) is issued a final rule on the use of identifiers in beneficial ownership information reporting
- The rule specifies the circumstances in which a reporting company may report an entity’s FinCEN identifier in lieu of information about an individual beneficial owner.
- President Biden decided to reinstate African Growth and Opportunity Act (AGOA) trade preference program benefits for one country, Mauritania, and to terminate benefits for four countries – Gabon, Niger, the Central African Republic, and Uganda – effective January 1, 2024.
- Gabon and Niger’s AGOA eligibility will be terminated due to unconstitutional changes of government in those two countries. Benefits will also be terminated for the Central African Republic and Uganda on the basis of gross violations of internationally recognized human rights being perpetrated by those governments.
- Roundup of the latest statistics on U.S. aerospace and defense exports. Top U.S. export destinations (IPEF countries, 12 month Sept 2022 – Aug 2023):
- Australia – $2.5B
- Brunei – $39M
- Fiji – $9M
- India – $2.4B
- Indonesia – $659M
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