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

Customs and Border Protection (CBP) 

  • CBP releases August 2023 monthly update. Highlights:
    • CBP identified nearly $7.1 billion of duties to be collected by the U.S. government. 
    • CBP stopped 320 shipments valued at more than $68 million for further examination based on the suspected use of forced labor.
    • CBP seized 1,710 shipments that contained counterfeit goods valued at more than $177 million if the items had been genuine.
  • CBP’s Senior Official Performing the Duties of the Commissioner Troy A. Miller met with senior officials from the Government of Mexico and the railway industry in Ciudad Juarez, Mexico Friday to discuss action to address enhanced border security operations in response to increased encounters.  
  • CBP, Cabo Verde sign Customs Mutual Assistance Agreement
    • CBP said the agreement will enhance our mutual goals of securing the supply chain while promoting the movement of legitimate trade.
  • CBP announced, due to increased trade community participation in the ACE Electronic Export Manifest (EEM) pilot, it has extended the end date from Oct. 1 to April 1, 2024, for use of the Document Imaging System (DIS) as a method to submit the CBP Form 1302A Cargo Declaration – Outward with Commercial Forms.
  • Quota bulletin: Fourth quarter Tariff Rate Quota (TRQ) for steel mill articles of European Union (EU) member countries.

Bureau of Industry and Security (BIS) 

  • United States-Australia-Canada-New Zealand-United Kingdom release joint guidance on countering Russia evasion 
    • As a follow-up to the establishment of the “Export Enforcement Five” or “E5” partnership to coordinate on export control enforcement issues in June 2023, the governments of Australia, Canada, New Zealand, the United Kingdom, and the United States issued joint guidance to industry and academia identifying high priority items critical to Russian weapons systems and urging specific actions to prevent diversion of these items to Russia through third countries. 
  • BIS adds 28 entities to entity list for conspiracy to violate U.S. export controls and other activities contrary to U.S. national security interests. 

Department of Homeland Security (DHS)

  • DHS announces three additional PRC-based companies as a result of forced labor enforcement.
    • Effective September 27, 2023, goods produced by Xinjiang Zhongtai Group Co. Ltd., Xinjiang Tianshan Wool Textile Co. Ltd., and Xinjiang Tianmian Foundation Textile Co. will be restricted from entering the United States as a result of the companies’ participation in business practices that target members of persecuted groups, including Uyghur minorities in the PRC.

U.S. Department of State

  • The Department of State, together with the Department of the Treasury, Department of Commerce, Department of Homeland Security, the Office of the U.S. Trade Representative, and the Department of Labor, issued an Addendum to the 2021 Updated Xinjiang Supply Chain Business Advisory to call attention to the People’s Republic of China’s (PRC) ongoing genocide and crimes against humanity in Xinjiang and the evidence of widespread use of forced labor there. Addendum highlights:
    • Reports from both governmental and non-governmental sources that contain information about the ongoing risks in supply chains.
    • The urgency for businesses to undertake appropriate human rights due diligence measures.

U.S. Census Bureau

  • The Census Bureau on Sept. 19 published a Federal Register notice requesting the approval of Office of Management and Budget (OMB) to continue collecting information though the Automated Export System (AES). 

U.S. Department of Commerce

  • Commerce released the final rule implementing the national security guardrails of the bipartisan CHIPS and Science Act. The rule elaborates on two core provisions of the statute: 
    • Prohibiting CHIPS funds recipients from expanding material semiconductor manufacturing capacity in foreign countries of concern for ten years; 
    • Restricting recipients from certain joint research or technology licensing efforts with foreign entities of concern.
  • Pure magnesium in granular form from the People’s Republic of China: continuation of antidumping duty order.
  • Certain frozen warmwater shrimp from the People’s Republic of China: preliminary results of antidumping duty administrative review.

United States Trade Representative (USTR) 

  • USTR, the Small Business Administration and Department of Commerce convened the second USMCA small and medium-sized enterprise dialogue

U.S. Food and Drug Administration (FDA)

  • eSTAR Reminder: Starting October 1, 2023, the use of the electronic Submission Template and Resource (eSTAR) and CDRH Portal will be required for all 510(k) submissions unless exempted.
  • ​​Cough syrup deaths overseas prompt FDA crackdown on toxic testing
    • The FDA has reprimanded at least 28 companies this year, saying they failed to prove sufficient testing of ingredients used in over-the-counter drugs and consumer products.
  • FDA releases cybersecurity in medical devices guidance document
    • This document provides FDA’s recommendations to industry regarding cybersecurity device design, labeling, and the documentation that FDA recommends be included in premarket submissions for devices with cybersecurity risk.

Federal Trade Commission (FTC)

  • FTC sues Amazon for illegally maintaining monopoly power
    • The Federal Trade Commission and 17 state attorneys general sued, Inc. alleging that the online retail and technology company is a monopolist that uses a set of interlocking anticompetitive and unfair strategies to illegally maintain its monopoly power. 

United Nations

  • The United Nations Human Rights Office of the High Commissioner published a guidance note on Business and Human Rights in Challenging Contexts. 
    • The guidance covers key provisions and guiding principles on human rights, deciding whether to remain or exit a challenging environment, and how to exit responsibly.

Federal Maritime Commission (FMC)

  • FMC releases August activity report. Highlights:
    • FMC names of non-compliant NVOCCs posted to FMC website
    • Commission publishes update of its official case law reporter
    • Cindy Hennigan named deputy managing director

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

  • OFAC announced a $9,618,477 settlement with 3M Company.  
    • 3M has agreed to settle its potential civil liability for 54 apparent violations of OFAC sanctions on Iran that arose from its subsidiary’s sale of reflective license plate sheeting to an Iranian entity controlled by the Iranian Law Enforcement Forces.
  • Russia-related designations updates and designation removal; Burma-related designation removal; Iran-related designation update; Non-proliferation designation update.
  • Counter narcotics designations

Industry News

  • Government shutdown: The Congressional Research Service (CRS) has published a 12-page document, Government Shutdowns and Executive Branch Operations: Frequently Asked Questions (FAQ), that explains what to expect within the Executive Branch of the government if Congress fails to enact annual appropriations or an interim continuing resolution by Oct. 1. View the entire FAQs document here.

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