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BIS Releases New Edition of “Don’t Let This Happen to You”

The Department of Commerce’s Bureau of Industry and Security (BIS) published an updated version of Don’t Let This Happen to You!, a list of case examples highlighting BIS enforcement efforts including criminal cases.

Case highlights:

The publication highlights over 100 cases covering various violations of export control laws.

Military Controls

The owner of BQ Tree Consulting in Jacksonville, Florida, along with the President and Manager of the company were indicted for conspiring to illegally export military-grade combat rubber raiding craft (CCRC) to China.

The scheme involved providing a U.S. company with false end-use and end-user information for a front company in Hong Kong, which was used to complete the transaction ultimately destined for China. The intention was to reverse engineer the CRRC and engines to mass produce them for the Chinese People’s Liberation Army (PLA) Navy.

The company owner was sentenced to 16 months in prison, two years of supervised release, mandatory mental health screening, and a $200 special assessment. The company President was sentenced to 42 months confinement, three years of probation, a $50,000 criminal fine, and a $200 special assessment. The company manager was sentenced to 17 months in prison, one year of supervised release pending deportation, a prohibition on employment with any company that deals with the military, and a $100 special assessment.

National Security Controls

GlobalFoundries U.S. Inc., a semiconductor wafer manufacturing company headquartered in Malta New York violated the Export Administration Regulations (EAR) by sending 74 shipments of semiconductor wafers, valued at approximately $17.1 million, to SJ Semiconductor (SJS), a company […]

By |2024-11-22T07:13:34-05:00November 22, 2024|EAR, Export, U.S. Department of Commerce|0 Comments
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Navigating Tariff Increases: Strategies to Minimize Tariff Costs Under the Trump Administration

Donald Trump favors tariffs. Leading up to the 2024 election, he called himself the “tariff man” and stated that tariffs are “the greatest thing ever invented”  and  “the most beautiful word in the dictionary.”

Although the specifics of Donald Trump’s tariff plan have yet to be revealed, he has made numerous public statements about the tariffs he has in mind.  At a rally in North Carolina, he suggested imposing a 10-20% tariff on all imported goods. He also said that he would impose a 25% tariff on imports from Mexico if the country does not help curb the flow of immigrants and drugs over the border. He has also suggested a massive  60% to 100% tariff on Chinese origin goods.

So, what can importers do to prepare?  A lot!

First, What is a Tariff?

A tariff (also known as a duty) is a tax levied by governments on the value of imported products. Tariffs differ greatly by country and by individual product. In the United States, tariffs are collected by U.S. Customs and Border Protection (CBP) and the money goes to the U.S. Treasury.

The importer of record is responsible for correctly classifying their goods and paying the appropriate duty rate. Tariffs are not paid by the foreign seller or the country from which the goods are imported, thus the costs are generally passed along to the U.S. consumer.

Learn more about how tariffs work here.

Strategies to Minimize Tariff Costs

An increase in tariffs can undoubtedly have a significant impact […]

By |2024-11-18T13:51:59-05:00November 15, 2024|Import|0 Comments
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Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

  • CBP issued a withhold release order (WRO) against a frankincense supplier based in Somaliland, based on the alleged use of forced labor in the production of merchandise.
  • CBP, in collaboration with the Department of Homeland Security announced the three-part webinar series, UFLPA 101 for the Seafood Sector, on Nov. 12-14.
  • The Miami Tampa Field Office announced the passing of CBP Operations Specialist Monica “Lisi” Guerrier on October 28, 2024.
  • CBP published a bulletin proposing to modify and revoke rulings on plastic recycling plants, and wood chipping machines.
  • CBP announced its FY2025 quarterly webinar series on the Enforce and Protect Act (EAPA) program, the first session will be held on November 21, 2024. 
  • CBP agriculture specialists at the Louisville Port of Entry intercepted a shipment containing 41 dead bats and 41 dead birds.
  • Reminder: CBP will implement rejections for vague cargo descriptions in ACAS effective 12:00 pm EST on November 12, 2024.
  • CBP issued a notice of initiation of investigation […]
By |2024-11-08T15:20:34-05:00November 8, 2024|Snapshot|0 Comments
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CBP Issues Guidance on Melt and Pour Requirements for Steel Articles

CBP recently issued guidance on melt and pour requirements for certain imported steel articles, implementing President Biden’s July proclamation adjusting imports of steel and aluminum into the United States.

Steel and Aluminum Proclamation Background

On July 10, 2024, President Biden issued two proclamations on adjusting imports of steel and aluminum into the United States. The proclamations increased the section 232 duty rate for both products and adjusted the requirements for avoiding section 232 duties.

The steel proclamation implemented a melt and pour requirement for imports of steel articles that are products of Mexico. It also increases the section 232 duty rate for imports of steel articles and derivative steel articles that are products of Mexico that are melted and poured in a country other than Mexico, Canada, or the United States. If the country of melt and pour is any country other than the U.S., Mexico, or Canada, then the steel articles are subject to an additional 25%.

Effective November 21, 2024, importers are required to report to CBP the country of melt and pour for certain imported steel articles from all countries; and for imported derivative steel articles that are products of Mexico; regardless of whether Section 232 duty treatment, quota treatment, or an exception treatment applies.

CBP Guidance on Steel

The new guidance provides information on codes for reporting the country of smelt, certificates to be submitted via the Automated Commercial Environment (ACE), and advises importers on changes that have been made in ACE.

Reporting Codes & Certificates

The guidance states […]

By |2024-11-08T15:16:10-05:00November 8, 2024|Countries, Mexico, U.S. Department of Commerce (DOC)|0 Comments
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Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP) 

  • CBP published a Federal Register notice stating that individual licensed customs brokers may begin completing qualified continuing broker education courses on Jan. 1, 2025 – the compliance date – and, accordingly, 20 credits as the prorated number of required credit hours for the triennial period starting Feb. 1, 2024, and ending Jan. 31, 2027. 
  • CBP issued an Enforce and Protect Act determination, finding Mak Chemicals evaded antidumping duties by transshipping xanthan gum from China through Indonesia. 
  • CBP issued guidance for the upcoming requirement to report the country of melt and pour for certain imported steel articles. 
  • CBP officers and agriculture specialists assigned to the Pharr International Bridge cargo facility seized 14,745 pounds of prohibited fresh hog plum and fresh passion fruit. 
  • The National Marine Fisheries Service updated the HTS codes subject to Certification of Admissibility requirements from Mexico. 

Department of Homeland Security

  • DHS announced the addition of three PRC-based textile companies to the UFLPA Entity List.

Bureau of Industry and Security (BIS) 

By |2024-11-01T13:24:00-04:00November 1, 2024|Snapshot|0 Comments
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