FDA releases proposed rule on front-of-pack nutrition
The U.S. Food and Drug Administration (FDA) has released a proposed rule that would require most packaged foods to bear a front-of-package (FOP) nutrition label.Rule detailsThe label, called a "Nutrition Information Box," must contain the amounts (per serving) of three nutrients:saturated fatsodiumadded sugarLabels must also list whether the amount of these ingredients is "low," "medium," or "high" per serving.FDA recommends that businesses with annual food sales of $10 million or more have three years after the final rule takes effect to comply. Businesses with annual food sales of less than $10 million will have four years to comply.FDA IntentThe FDA said the nutritional information boxes would supplement the Nutrition Facts label already required for most packaged foods. While Nutrition Facts labels are helpful to many consumers, the FDA has found that certain groups of people don't read labels as often as they should.Therefore, the rule is designed to provide accessible, at-a-glance information to help consumers quickly and easily identify how…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection release Updated monthly in December 2024. Highlights: It is determined that nearly $7.4 billion in tariffs are expected to be imposed. 1,404 shipments stopped for further inspection due to suspected use of forced labor 1,687 consignments containing counterfeit goods seized U.S. Customs and Border Protection release Notice of Proposed Rulemaking to Enhance Low-Value Freight Enforcement. CBP issued Interim Final Rule This requires auto parts and vehicle manufacturers to provide additional data elements to demonstrate that these goods are eligible for preferential tariff treatment under the USMCA. U.S. Customs and Border Protection release The proposed rule would ban 301 items from the de minimis and require HTS for all entries. U.S. Customs and Border Protection Adding Two new parties ("Intermediary" and "Source") have been added to the list of entity party types for which…
CBP issues proposed rules to enhance low-value shipments
U.S. Customs and Border Protection (CBP) announced a Notice of Proposed Rulemaking (NPRM) that would impose new data collection requirements for low-value shipments, also known as de minimis shipments. If passed, the rule would create a new alternative process for entering low-value goods. The new process will require the submission of advance data such as origin, destination and cargo contents.minimal backgroundconcept minimum Shipments to the United States result from customs regulations designed to simplify the importation of low-value goods. the term"minimum” refers to goods below a certain value threshold that allow them to enter the country with minimal duties or taxes.Historically, the threshold was set at $200, but was raised to $800 in 2016 under the Trade Facilitation and Trade Enforcement Act (TFTEA). This change is intended to reduce CBP's administrative burden and facilitate faster processing of the rapidly increasing volume of e-commerce shipments. Over the past decade, the number of shipments applying for de minimis exemptions has increased significantly,…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection Issue guidance Regarding the modification of Article 301 of China’s four-year tariff period, the tariff rates for five subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) will be increased. U.S. Customs and Border Protection Proposed Rule Published This will require shipments leaving the United States by rail to submit more detailed electronic export manifest (EEM) data. U.S. Customs and Border Protection officer seized Multiple batches of counterfeit Tiffany & Co. jewelry. If authentic, the estimated total manufacturer's suggested retail price (MSRP) value for this item would be approximately $29,989. U.S. Customs and Border Protection officer seized 22,000 counterfeit Pennsylvania vehicle inspection stickers were shipped from Israel to an address in Philadelphia. If the fake inspection labels are genuine, the estimated value is $1,404,700. Bureau of Industry and Safety (BIS) Bank…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) CBP releases November 2024 monthly report renew. Highlights: Nearly $6.97 billion in tariffs expected 669 shipments were stopped for further inspection due to suspected use of forced labor 1,532 consignments containing counterfeit goods seized U.S. Customs and Border Protection Sent ruling statement Food products that are denied entry but can be refurbished to meet FDA requirements are not prohibited goods and therefore are not eligible for refunds if exported or destroyed. U.S. Customs and Border Protection Louisville officials seized The four shipments contained 962 counterfeit designer watches, bracelets, necklaces and earrings. U.S. Customs and Border Protection publish Updated the Cargo Release CATAIR draft, Global Business Identifier Registration Creation Update draft, GBI Registration GO status notification and GBI Condition Code documentation to its website. Bureau of Industry and Safety (BIS) Bank for International Settlements imposed Indium was fined $180,000…
FDA issues new rules on use of term “healthy” for foods
On December 19, 2024, the FDA announced a final rule updating the standards that foods must meet to qualify for “health” claims.new requirementsTo meet the updated standards, foods need to:Foods that contain a certain amount of at least one food group or subgroup recommended by the U.S. Dietary Guidelines (such as fruits, vegetables, grains, fat-free and low-fat dairy products, and protein foods), andMeet specific limits on added sugars, saturated fat, and sodium.Standards for individual foods vary.Under the new rules, nutrient-dense foods without added ingredients encouraged by the Dietary Guidelines automatically qualify for "health" claims. These include:vegetablefruitwhole grainsFat-free and low-fat dairy productslean game meatseafoodeggbeanspeaLentilsnutseedUnder the updated rules, products ineligible for health labels include:fortified white breadHighly sweet yogurtHighly sweet cerealThese changes reflect current nutritional science and dietary guidance in the Dietary Guidelines for Americans.What food manufacturers should doThe rule becomes effective on February 25, 2025, and the compliance date for the rule is February 25, 2028. In preparation for the compliance date,…
The clock is ticking: A possible government shutdown
Without action by Congress, government funding will expire at midnight on Friday, December 20. A government shutdown is looking increasingly likely as some contentious issues such as the debt limit, disaster relief funding and lawmakers' pay raises remain.Here's a breakdown of how major institutions will be affected by the funding shortfall.U.S. Customs and Border ProtectionIn accordance with the Department of Homeland Security's contingency plan, cargo inspection capabilities at ports of entry will remain active during the closure. However, certain activities, such as training and auditing, do not need to occur during this period. Additionally, back-office support positions are unlikely to be deemed essential and will be furloughed. Refunds, audits, adjudication requests, etc. will be postponed until the shutdown is over.There remains uncertainty about which specific offices will be deemed essential. For example, forced labor communications may be furloughed, resulting in delays in reviewing Enforcement and Protection Act (EAPA) and Uyghur Forced Labor Prevention Act (UFLPA) charges.U.S. Department of CommerceUnder the…
CPSC approves final rule implementing electronic filing
The U.S. Consumer Product Safety Commission voted unanimously in favor of a final rule to implement electronic filing (eFiling) of certificate information for regulated imported consumer products.The new e-filing scheme will apply to all imported consumer goods subject to mandatory safety standards, including minimum shipments. The requirements affecting most imported consumer goods and domestically produced consumer goods will come into effect in June 2025.Background – CPSC’s Electronic Filing ProposalSince 2008, importers have been required to hold a certificate of conformity proving that the products they import meet all applicable safety standards. However, these certificates do not need to be submitted at the time of import.In June 2022, the U.S. Consumer Product Safety Commission (CPSC) announced a beta pilot test with U.S. Customs and Border Protection (CBP) to electronically archive certificate data for regulated consumer products. In 2023, CPSC and CBP began testing 38 importer participants. In December 2023, the agencies issued a notice expanding the scope of the Beta pilot…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection authorized Most types of items are released on or after December 17th through December 31st under the "Delivery Now" program. Reminder: On January 11, 2025, CBP will deploy the second version of Section 321 – Enhancements for total shipments up to $800 in the Automated Commercial Environment (ACE). This enhancement will issue a warning in ACE when the minimum freight volume may exceed the $800 per person per day threshold. U.S. Customs and Border Protection seized Unapproved electronic nicotine delivery systems worth $81.5 million. Consumer Product Safety Commission (CPSC) The U.S. Consumer Product Safety Commission (CPSC) approved final rule Implement electronic filing of certificate information (eFiling) for regulated imported consumer products and revise the requirements for compliance certificates. U.S. Food and Drug Administration (FDA) U.S. Food and Drug Administration Announce The European Union’s…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) President-elect Trump has Selected Rodney Scott serves as next CBP Commissioner. CBP and U.S. Chamber of Commerce roll out The "Shop Smart" campaign urges holiday shoppers to beware of fakes. CBP Agriculture Specialist at Dulles Airport intercept Two dangerous pests - one not seen in 40 years. U.S. Customs and Border Protection officer seized Large amounts of testosterone and other steroids are available at the Laredo port of entry. U.S. Customs and Border Protection seized There are more than 34,000 pounds of sweetened condensed milk on the Pharr International Bridge. Kind tips: The broker must earn 20 continuing education Credit earned for qualified educational activities that occurred beginning January 1, 2025. CBP Commercial Customs Operations Advisory Committee (COAC) held quarterly meeting ppublic riceA meeting was held on December 11. Bureau of Industry and Safety (BIS) Bank for International…
Office of the U.S. Trade Representative announces Section 301 investigation of Nicaragua
The United States Trade Representative (USTR) announced an investigation under Section 301 of the Trade Act of 1974 into Nicaragua’s conduct, policies, and practices regarding labor rights, human rights, and the rule of law. This is the first Section 301 investigation involving policies and possible violations of labor and human rights.301 backgroundSection 301 of the Trade Act of 1974 is designed to address unfair foreign practices that affect U.S. commerce. It gives the U.S. Trade Representative a range of powers to investigate unfair trade practices and enforce U.S. rights under trade agreements.Under Section 301, the U.S. government may impose trade sanctions on foreign countries that engage in conduct that burdens U.S. commerce or violates trade agreements.The law does not limit the scope of the investigation, but it does mention several categories of activity that may be subject to Section 301 actions, including:(1) Illegal conduct that infringes upon the rights of the United States under trade agreements(2) “Unreasonable” conduct “burdens or…
Case Update: Investigation into Aluminum Profiles
On November 30, 2024, we published the following article about ITC's AD/CVD investigation of aluminum profiles. Since then, there have been two major updates to the case:The parties requesting the imposition of anti-dumping and countervailing duties have appealed to the U.S. Court of International Trade. The case is expected to take at least a year no Any obligation to continue paying AD/CVD taxes arises.CBP has received formal termination instructions to no longer impose AD/CVD duties on these cases and to refund any AD/CVD duties that importers may have previously paid.original:On November 22, 2024, the International Trade Commission (ITC) announced in the Federal Register its restrictions on products originating in China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, and the United Arab Emirates. Emirates and Vietnam.The committee found that an industry in the U.S. no Suffering substantial harm or the threat of substantial harm as a result of these imports.Investigate backgroundThe Commission launched these investigations on…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP)U.S. Customs and Border Protection Announce Then it All aluminum products produced by a Chinese-owned Dominican company will be confiscated Based on information that reasonably suggests the company uses forced labor.U.S. Customs and Border Protection Headquarters ruling issued Ruled that shipping a self-propelled vehicle from the continental United States to Puerto Rico does not constitute an “export.” U.S. Customs and Border Protection officer seized A 26-year-old man from Guayaquil, Ecuador, was found with $304,500 worth of counterfeit currency. CBP is retiring security_filing_general@cbp.dhs.gov ISF query inbox.Bureau of Industry and Safety (BIS)Bank for International Settlements release An interim final rule making changes to the Export Administration Regulations (EAR) controls for certain advanced computing products, supercomputers, and semiconductor manufacturing equipment.Bank for International Settlements Announce A package of rules designed to further undermine China’s ability to produce advanced-node semiconductors that can be used…
CPSC’s upcoming e-filing requirements: What you need to know
The mission of the Consumer Product Safety Commission (CPSC) is to protect the public from unreasonable risks of injury or death associated with consumer products. The agency publishes and enforces standards, issues product recalls, studies hazardous products, and more. The agency also has the authority to order the seizure and seizure of shipments it determines do not comply with CPSC safety regulations.Starting in 2025, products regulated by the CPSC may be denied entry into the United States unless importers electronically submit detailed product certifications to Customs and Border Protection (CBP).See the full list of CPSC regulated products here.CPSC’s e-Filing ProposalSince 2008, importers have been required to hold a certificate of conformity proving that the products they import meet all applicable safety standards. However, these certificates do not need to be submitted at the time of import.In June 2022, the U.S. Consumer Product Safety Commission (CPSC) announced a beta pilot test with U.S. Customs and Border Protection (CBP) to electronically archive…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection seized More than $18 million worth of counterfeit Gibson guitars, the largest seizure of counterfeit musical instruments on record. CBP is the only federal agency Selected Named one of the Top 25 Employers for Veterans in 2025 by Military.com. Made by U.S. Customs and Border Protection A few updates Appendix J Response Codes for Electronic Export Manifests. Kind tips: Customs Broker of the Year license fee The expiration date for calendar year 2025 is January 31, 2025. The license fee for calendar year 2025 is $180.57. CBP, in partnership with the Canada Border Services Agency (CBSA), will adjust operating hours at 38 ports of entry along the U.S. northern border starting at midnight on January 6. Full list of changed port operating hours here. CBP Commercial Customs Operations Advisory Committee (COAC) Announce The…
ITC terminates AD/CVD investigation of aluminum profiles
On November 22, 2024, the International Trade Commission (ITC) announced in the Federal Register its restrictions on products originating in China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, and the United Arab Emirates. Emirates and Vietnam.The committee found that an industry in the U.S. no Suffering substantial harm or the threat of substantial harm as a result of these imports.Investigate backgroundThe Commission launched these investigations on October 4, 2023, after receiving a petition submitted by the American Aluminum Extruder Alliance.The Ministry of Commerce has initially ruled to subsidize imported aluminum profiles from China, Indonesia, Mexico and Turkey, and to subsidize imported aluminum profiles from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam all sold at below fair value.After making its initial decision, the committee scheduled the final phase of its investigation. The committee held a hearing on October 1, 2024, and all persons who…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection release Updated monthly in October 2024. Highlights: 557 shipments were stopped for further inspection due to suspected use of forced labor 1,677 batches of goods containing counterfeit goods seized Determined to owe U.S. government $3.6 million in duties and fees Released by U.S. Customs and Border Protection Update guidance Obligations and requirements for importers to complete documents of origin – declarations, declarations and certificates of origin. Reminders: The customs broker license fee amount is changed from $174.80 to $180.57. All broker licenses issued on or after October 1, 2024 are subject to a new user fee. U.S. Customs and Border Protection Issue guidance Implement the Office of the United States Trade Representative's (USTR) amendments to Section 301 China tariffs and product exclusions. CBP Agriculture Specialist intercept Live larvae of a rare and potentially…
BIS releases new version of Don’t Let This Happen to You
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has released an updated version of Don’t Let This Happen to You! ”, which provides a list of cases highlighting BIS's enforcement efforts, including criminal cases.Case Highlights:The publication highlights more than 100 cases involving various violations of export control laws.military controlThe owner of BQ Tree Consulting in Jacksonville, Florida, and the company's president and manager were indicted for conspiring to illegally export military-grade combat rubber assault craft (CCRC) to China.The scheme involved providing a U.S. company with false end-use and end-user information from a front company in Hong Kong, which was used to complete transactions ultimately destined for China. The purpose is to reverse engineer the CRRC and engine for mass production 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…
U.S. Consumer Product Safety Commission releases new safety standard for water toys
The Consumer Product Safety Commission (CPSC) has issued a notice of proposed rulemaking to improve safety standards for water toys. The primary product targeted by the rule is neck buoys, which have been reported to pose a serious drowning risk to young children. The rule establishes multiple testing and performance requirements for these products to ensure the highest level of safety.conditioningThe rule would require manufacturers of these products to subject them to conditioning procedures to ensure their durability. These include exposing products to various temperatures, chlorine and salt water environments, and ultraviolet light.minimum standardsTo prevent accidental flooding and restrain system failures, the rule proposes additional minimum standards.Buoyancy requirementsThe committee proposed requiring all neck buoys to have a minimum upward buoyancy equal to or greater than 30 percent of the expected load-bearing capacity. Additionally, the rule requires that inherently buoyant neck buoys may not lose more than 5% of their initial buoyancy after 24 hours of submersion.constraint systemTo reduce the possibility…
Coping with Tariff Rising: Tariff Minimization Strategies
Donald Trump supports tariffs. Ahead of the 2024 election, he called himself a "tariff man" and said tariffs were "the greatest invention ever" and "the most beautiful word in the dictionary."While specific details of Donald Trump's tariff plans have not yet been released, he has made multiple public statements about the tariffs he is considering. At a rally in North Carolina, he proposed imposing 10-20% tariffs on all imported goods. He also said he would impose a 25% tariff on Mexican imports if Mexico did not help curb the flow of immigrants and drugs across the border. He also suggested imposing tariffs of 60% to 100% on Chinese-origin goods.So, what can importers do to prepare? a lot of!First, what are tariffs?A tariff (also called a tariff) is a tax levied by the government on the value of imported products. Tariffs vary by country and specific product. In the United States, tariffs are collected by U.S. Customs and Border Protection (CBP)…
CBP issues guidance on steel melting and pouring requirements
CBP recently issued guidance on melting and pouring requirements for certain imported steel products to implement President Biden’s announcement in July to adjust U.S. steel and aluminum imports.steel aluminum announcement backgroundOn July 10, 2024, President Biden issued two announcements regarding adjustments to U.S. steel and aluminum imports. The announcement increases the Section 232 tariff rates for these two products and adjusts the requirements to avoid Section 232 duties.The Steel Bulletin imposes melting and pouring requirements on steel products imported into Mexico. It also increases the Section 232 import tariff rate on steel products and derivative steel products produced in Mexico that are melted and poured in countries other than Mexico, Canada or the United States. If the melting and pouring country is any country other than the United States, Mexico or Canada, the steel products are subject to an additional 25% tariff.Beginning November 21, 2024, importers must report to CBP the melting and pouring countries for certain imported steel products…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP)U.S. Customs and Border Protection release A detention order (WRO) against a frankincense supplier in Somaliland for allegedly using forced labor in the production of the commodity.CBP works with the Department of Homeland Security Announce Three-part webinar series UFLPA 101 for the Seafood Sector, November 12-14.The Miami-Tampa Field Office announced the death of CBP Operations Specialist Monica “Lisi” Guerrier on October 28, 2024.U.S. Customs and Border Protection publish Proposal to amend and rescind rulings on plastic recycling plants and wood chippers.CBP announces fiscal year 2025 Quarterly Webinar Series Regarding the Enforcement and Protection Act (EAPA) program, the first meeting will be held on November 21, 2024. CBP Agriculture Specialist at the Louisville Port of Entry intercept The shipment contained 41 dead bats and 41 dead birds.Reminder: CBP will implement rejections of ambiguous cargo descriptions in ACAS starting at 12:00…
Census proposes amending foreign trade regulations and filings
The Census Bureau issued a notice of proposed rulemaking providing several clarifications to its foreign trade regulations.Background—The Census Bureau’s Role in Trade Enforcement The mission of the U.S. Census Bureau is to be the leading provider of high-quality data on the American people and economy. As part of this mission, the Bureau collects, compiles, and publishes U.S. import and export trade statistics.To facilitate the collection of these statistics, the Bureau has promulgated the Foreign Trade Regulations (FTR), requiring certain exporters to submit export information to the Bureau. The regulations detail the requirements for filing export information, explain the filing procedures, and provide penalties for violations. The regulations require the submission of export information on the Automated Export System (AES). The information submitted by exporters to AES is called Electronic Export Information (EEI).EEI filing is required in a variety of situations, including:Exports requiring an export license under the Export Administration Regulations (EAR)Exporting personal or household items worth more than $2,500 to…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) CBP issued Federal Register Notice States that individual licensed customs brokers may complete qualified customs broker continuing education courses beginning on January 1, 2025 (i.e., the compliance date) and prorate the required credits accordingly for the three-year period beginning on February 1, 2024 The number of study hours is 20 credits and ends on January 31, 2027. U.S. Customs and Border Protection release An Enforcement and Protection Act ruling found that Mai Chemical Company evaded anti-dumping duties by transshipping xanthan gum from China through Indonesia. U.S. Customs and Border Protection Issue guidance Coming soon are requirements to report the countries in which certain imported steel products are melted and poured. U.S. Customs and Border Protection Officers and agricultural experts assigned to the Pharr International Bridge cargo facility seized 14,745 pounds of prohibited fresh hog plums and fresh passion…
ICYMI: Office of the United States Trade Representative opens domestic exclusion process
On October 15, 2024, the Office of the United States Trade Representative (USTR) announced that it is initiating a process for interested parties to request the temporary exclusion of certain machines from Section 301 in its investigation of China’s conduct, policies, and practices related to technology. Transfer, intellectual property and innovation related.Chapter 301 Investigation BackgroundIn August 2017, the Office of the United States Trade Representative launched an investigation into China’s behaviors, policies and practices in technology transfer, intellectual property and innovation. The agency released a report on its findings in March 2018 and began imposing additional tariffs on Chinese products in four batches in June 2018.Under the Trade Act of 1974, if USTR receives an appropriate request to continue taking action under Section 301, a four-year review is required. The agency needs to review:(A) the effectiveness of (i) such actions and (ii) other actions that may be taken, including actions with respect to other products or services, in achieving the…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection release Updated monthly in September 2024. Highlights: Determine the tariff that needs to be levied at $7.6B 425 shipments were stopped for further inspection due to suspected use of forced labor. 1,873 consignments containing counterfeit goods seized U.S. Customs and Border Protection release Air Cargo Pre-Inspection – Implementation Guide (ACAS-IG) Updated version 2.3.3. U.S. Customs and Border Protection (CBP) and U.S. Consumer Product Safety Commission (CPSC) seized Baby products valued at $61,000 were determined to be unsafe for entry due to high levels of lead paint and posing a choking hazard. October 26, 2024, CBP plan Disable the Filer and Shipper/Receiver legacy ACE Portal account views. Bureau of Industry and Safety (BIS) Bank for International Settlements additional Twenty-six entities were placed on the Entity List for activities that violate U.S. national security and…
Reminder: OTC monograph drugs are no longer on the market
Effective October 1, 2024, over-the-counter (OTC) monograph drug listings will no longer be certified under the Old Marketing Category and Old Application Number fields of the FDA's Electronic Drug Registration and Listing System (eDRLS). Instead, the list of such products needs to contain the current marketing category and application number values.Background on new certification requirementsThe FDA uses eDRLS for several critical programs, including drug quality reporting, adverse event reporting, and drug import and export compliance.On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. This law amends the Federal Food, Drug, and Cosmetic Act (FD&C Act) and modernizes the OTC drug review process.The amendment requires FDA to update the marketing category and application number fields for OTC monograph drugs in eDRLS.eDRLS field updatesThe changes to the current values effective October 1, 2024 are:For the marketing category area, the "OTC Monograph Final" and "OTC Monograph Non-Final" categories are permanently replaced with the single…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection (CBP) announced the launch of a revamped forced labor website. The redesign includes navigation improvements and a new execution page with statistics and dashboards. U.S. Customs and Border Protection Modified A Withholding Release Order (WRO) against disposable gloves manufactured by Brightway Holdings in Malaysia. Effective immediately, the United States will allow disposable gloves produced by Brightway Group to enter the United States, provided that the gloves otherwise comply with U.S. law. A team of two CBP agricultural experts at the Port of Brownsville intercept A 'port first' pest has the potential to defoliate hundreds of trees and shrubs. U.S. Customs and Border Protection now Accept applications Operates a centralized inspection station (CES) at the Port of Chicago Regional Port. Applications for CES operations must be received by 4pm on November 26th. CBP issued…
Bank for International Settlements releases best practices guidance for financial institutions
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) recently issued guidance for financial institutions that contains recommendations regarding compliance with the Export Administration Regulations (EAR).The guidance provides recommendations on steps financial institutions can take to minimize the likelihood of a violation of the EAR. The recommendations focus on three key areas: due diligence best practices, reviewing red flag transactions, and real-time screening.Due Diligence Best PracticesThe guidance recommends that financial institutions incorporate EAR-related due diligence into their compliance and risk management and compliance processes. Due diligence should be conducted prior to onboarding a new client and as part of regular due diligence thereafter.Specifically, the BIS recommends that financial institutions:Review customers against the list of persons subject to BIS end user restrictionsScreen customers (and, where appropriate, customers of customers) against a list of entities shipping Common High Priority List (CHPL) items to Russia since 2023If a customer engages in the export, re-export, or transfer of items subject to the…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) us sign Mutual Customs Assistance Agreement with El Salvador. U.S. Customs and Border Protection active The Lead Field Coordinator (LFC) is responsible for coordinating all critical CBP operations in areas affected by Hurricane Milton. U.S. Customs and Border Protection Issue clarification ACE entry type 86 test. U.S. Customs and Border Protection Expand Rejected vague description of air cargo advance inspection (ACAS) compliance deadline until November 12. Felicia Pullam, executive director of trade relations at CBP defend The administration proposed ending de minimis eligibility for goods subject to Section 301 tariffs and reiterated the agency's support for a $2 fee per de minimis package. CBP Norfolk Office seized More than $450,000 in dental supplies lacked country of origin markings. Bureau of Industry and Safety (BIS) Bank for International Settlements Question guidance Provide financial institutions with best practices for compliance…
ICYMI: G7 releases guidance on preventing tax evasion
The United States, Canada, France, Germany, Italy, Japan, the United Kingdom and the European Union (G7) have issued joint industry guidance on preventing the evasion of export controls and sanctions to Russia.The goal of this guidance is to protect common high-priority checklist items from misappropriation, prevent reputational damage, and reduce liability risk. The guidance is designed to assist industry in complying with multilateral export controls and sanctions and identifying evolving tax evasion practices in Russia.The guidance outlines three priority areas: higher-risk items being diverted to Russia, red flag indicators of potential tax evasion, and best practices for addressing red flags.1. Common High Priority List (CHPL)The European Union, Japan, the United Kingdom and the United States have developed CHPL to identify higher-risk items illegally transferred to Russia. Projects include:integrated circuitnavigation instrumentdigital cameratransistorsignal generatormilling machinePlease view the full CHPL here.2. Red Flag IndicatorsThe G7 identified the following red flags for potential export controls and sanctions evasion:Sudden changes in business activities after February…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP)U.S. Customs and Border Protection Issue guidance The changes to Section 301 are based on the results of a four-year review of actions taken as part of Section 301 investigations into China's conduct, policies, and practices related to technology transfer, intellectual property, and innovation.CBP officer in Norfolk, Virginia, seize Food trailers and golf carts from China violate federal motor vehicle safety standards.CBP officers working at the Presidio Port of Entry seized 748 pounds banned from Mexican Bologna.United States Trade Representative (USTR)The Office of the United States Trade Representative and the United States Department of Agriculture (USDA) Announce The Biden-Harris administration has secured more than $26.7 billion in global agricultural markets for U.S. farmers, ranchers, fishermen and food manufacturers.Submitted by Catherine Dai written reply The report to the Senate Finance Committee follows hearings earlier this year. In her answer, she…
Weekly snapshot of customs and trade news
Weekly snapshot of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP)CBP announced that they will be delaying the deadline for using the Document Imaging System (DIS) as a method for filing CBP Form 1302A cargo declarations. The new deadline is April 1, 2025.CBP seized $268,000 worth of non-FDA-approved drugs in Cincinnati.Wilmington CBP officers seized counterfeit designer handbags worth $151,000.CBP announced that they are centralizing their tax refund functions under one Center of Excellence and Expertise (Center). Effective October 1, 2024, tax refund specialists and their respective functions will be managed from the Houston field office under the Center for Petroleum, Gas and Minerals (PNGM).CBP has released new air cargo advance screening (ACAS) implementation guidance.A panel of the Commercial Customs Operations Advisory Committee (COAC) Secure Trade Lanes Subcommittee made eight recommendations on how to improve communications between CBP Centers of Excellence and Specialization, brokers and other trading entities.United States Trade…
A weekly overview of customs and trade news
A weekly overview of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) In August 2024, the U.S. Customs and Border Protection issuedMonthly Updates. Highlights: 400 shipments were suspended or subject to further inspection due to suspected use of forced labor. The estimated amount of tariffs determined is close to $7.5 billion. 1,997 shipments containing counterfeit goods were seized. U.S. Customs and Border Protection Examples provided Unacceptable cargo descriptions compared to acceptable cargo descriptions. The agency said the list will continue to expand as unacceptable cargo descriptions are identified and acceptable cargo descriptions are further refined. The U.S. Customs and Border Protection (CBP) has launched New Benefits Available to Customs Trade Partnership Against Terrorism (CTPAT) participants. This offer allows the use of Foreign Trade Zones (FTZs) to store goods that may be subject to forced labor enforcement actions. U.S. Customs and Border Protection Officer Seizure 277 counterfeit Lululemon Everywhere Belt…
FDA Proposes New National Drug Regulations – What You Need to Know
The U.S. Food and Drug Administration (FDA) is proposing to change its regulations regarding the format of the National Drug Code (NDC). The NDC is the standard used to uniquely identify drugs sold in the United States. The current standard has several acceptable formats. If the proposal is finalized, it would standardize the format of all NDCs.What is NDC?The National Drug Code is a unique three-segment identifier assigned by the FDA to every drug on the market in the U.S. It is the universal product identifier that appears on all prescription and over-the-counter drug packaging and leaflets.Current format:10-bit identifierThe FDA's standard NDC is a 10-digit identifier that includes the label code, product code, and package code.There are three standard NDC formats specified by the FDA:HIPAA FormatThe Health Insurance Portability and Accountability Act (HIPAA) has adopted a uniform 11-digit NDC format that must be used when a HIPAA-protected transaction includes an NDC. This 11-digit format is standardized to a 5-4-2 format…
USTR Finalizes Action on Section 301 Tariffs
United States Trade Representative (USTR) Announce Final tariff revision after statutory review The Section 301 investigation into the laws, policies, and practices of the People’s Republic of China (PRC) related to technology transfer, intellectual property, and innovation. The final changes included increased tariffs on a variety of products, including critical minerals, batteries, and semiconductors.301 Investigation BackgroundAugust 2017 Office of the United States Trade Representative Investigating China’s acts, policies, and practices regarding technology transfer, intellectual property, and innovation. The agency released an investigation report in March 2018 and began imposing additional tariffs on Chinese products in four batches in June 2018. according to Trade Act of 1974, If USTR receives an appropriate request to continue an action under Section 301, a four-year review is required. The agency is required to review:(A) the effectiveness of (i) such action, and (ii) other actions that could be taken (including actions with respect to other products or services), in achieving the objectives of section 301,…
U.S. Department of Commerce’s Bureau of Industry and Security Issues New Guidance for Preparing Export Licenses
The U.S. Bureau of Industry and Security (BIS) released New Guidelines Assist deemed export applicants in obtaining licenses. The guidelines apply primarily to employment situations; however, they also address other situations, such as the release of controlled technology to foreign students involved in research. The guide covers the basic requirements for application and renewal and includes an application checklist. Deemed Export/Re-Export License Background Prior to the release of controlled technology to a foreign person, an export license must be obtained from BIS, an obligation often referred to as a “deemed” export. The release is deemed to be an export to the person’s country of citizenship or nationality. this Export Administration Regulations (ear), Section 734.13Defines deemed export as the release or other transfer of “technology” or “source code” to a foreign person in the United States. Typical organizations that use deemed export licenses include universities, research institutions, biochemical companies, medical institutions, and computer companies. New Guidelines Basic guidelines for completing a…
A weekly overview of customs and trade news
A weekly overview of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection Announce The company is participating in a new program designed to enable airlines to recycle single-use aluminum, paper and plastic items used on international flights arriving in the United States in line with U.S. Customs and Border Protection’s Green Trade Strategy. U.S. Customs and Border Protection deployed New tax refund application Alternative indicators of retail sales. New requirements Enables return filers to indicate whether a retail sales claim is a replacement claim or a direct identification claim. The U.S. Customs and Border Protection Cargo and Conveyance Security (CCS) Directorate has released Additional guidance Provides information to the trade and freight logistics industry regarding reporting of Facility Information and Resource Management System (FIRMS) codes when submitting bonded "arrival" notifications in ACE. U.S. Customs and Border Protection appointment Miguel A. Garza serves as Charlotte…
Bloomberg Law: U.S. Customs and Border Protection Recordkeeping Requirements – Retention,
Diaz Trade Law is pleased to announce that Bloomberg Law has published another of our articles, “Tariff Classification Basics”!__________________________________________________________________________________Recordkeeping requirements have been part of customs regulations since the beginning of the federal government. Over time, Congress and Customs and Border Protection (CBP) have updated these requirements to meet the needs of the community and take advantage of modern technology. All importers should have a recordkeeping program to ensure that each shipment complies with the requirements. Failure to provide records to CBP can result in severe penalties.Regulatory HistoryRecord-keeping requirements date back to the 1700s. As early as 1789, importers had to provide customs with two manifests, the original bill of lading, and even swear an oath to the accuracy of their records. Failure to provide records or swear an oath was punishable by a $500 fine. Even ship crews faced forfeiture of cargo, a $400 fine, and publication of their names in the local state gazette if they unloaded cargo illegally.Later,…
ICYMI: US State Department Reaches $200 Million Settlement with RTX
The U.S. State Department has reached a settlement with RTX Corporation to resolve 750 violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR).The settlement resolves multiple violations, including:Unauthorized export of defense articles due to failure to establish proper jurisdiction and classificationUnauthorized export of defense articles, including classified defense articlesThe unauthorized hand-carry export of defense articles by an employee to a prohibited destination listed in 22 CFR 126.1; andViolation of the terms, conditions, and riders of a Directorate of Defense Trade Controls (DDTC) authorizationRTX voluntarily disclosed the violations and cooperated with the State Department’s review.Under the terms of the agreement, RTX will pay a $200 million fine. $100 million of that will be suspended and used for remedial compliance measures to improve RTX's compliance program. RTX must also hire an external special compliance officer to ensure compliance with the agreement for at least 24 months.This settlement reflects the State Department’s priorities in enforcing export…
A weekly overview of customs and trade news
A weekly overview of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) CBP Issued guide The guidance provides specific HTSUS headings that importers should report, as well as when filers may report “N/A” for major and minor smelting countries. U.S. Customs and Border Protection Delay Deploy capabilities with a minimum threshold of $800 associated with ACE Automation by January 11th. U.S. Customs and Border Protection accomplish Vague and unacceptable descriptions of Air Cargo Advance Security Screening (ACAS) are rejected. Delaware Customs and Border Protection Officer seize More than $100,000 worth of undeclared Apple products were shipped to China. U.S. Customs and Border Protection Hosting Virtual Career Fair on Sept. 5. The fair highlighted law enforcement and mission support opportunities across the country. EPA Supplemental Guidance document Updated to version 17. These changes reflect updates to language and text, including reporting requirements for hydrofluorocarbons (HFCs). trump card Customer satisfaction survey…
Reminder: Section 232 provides for certain steel and
On July 10, 2024, President Biden issued two announcements on adjustments to U.S. steel and aluminum imports, which increased the 232 tariff rates on these two products and adjusted the requirements for avoiding 232 tariffs.Iron ManifestoThe Steel Proclamation imposes melting and casting requirements on imported steel products produced in Mexico. It also increases the tariff rate on imports of steel products and derived steel products covered by Section 232 that are melted and cast in a country other than Mexico, Canada, or the United States. If the country of melting and casting is any country other than the United States, Mexico, or Canada, the steel products are subject to an additional 25% tariff.In making this adjustment, the Administration stated that domestic steel producers’ capacity utilization rates remain below the 80 percent target capacity utilization rate recommended in the U.S. Secretary of Commerce’s January 11, 2018 report. In addition, imports of steel products from Mexico have increased significantly. The Administration and…
Trade News: For some
Steel companies and stakeholder groups File a petition Antidumping and countervailing duty (AD/CVD) duties on certain imported products Corrosion resistant steel products (“CORE”) from Australia, Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan, Turkey, the United Arab Emirates and Vietnam. The petitioners include: Steel Dynamics, Inc.; Nucor Corporation; U.S. Steel Corporation; Wheeling-Nippon Steel Corporation; and the Steel, Paper and Forestry, Rubber, Manufacturing, Energy, and Allied Industrial and Service Workers International Union of America.The petitioners claim that these unfairly traded imports have already caused substantial harm to the U.S. domestic industry and may cause further substantial harm if no remedial measures are taken.Full List Exporter. Full List Importer.Background of Anti-dumping/Countervailing InvestigationsAntidumping (“AD”) and countervailing duty (“CVD”) investigations are initiated jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of a particular good from a particular country that are…
A weekly overview of customs and trade news
A weekly overview of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) India's solar panels continue to face Censorship in the United States Detained for links to Chinese forced labor. Since October 2022, nearly a third of detained Indian electronics shipments have been denied entry. The Commercial Customs Operations Advisory Committee (COAC) will hold Quarterly Meetings Wednesday, September 18, 2024, in Washington, DC. U.S. Customs and Border Protection Announce Miami International Airport is seeking applications for a new Central Examination Station (CES). The application period opens on August 20 and closes on October 19. U.S. Customs and Border Protection Virtual Forced Labour Workshop Serving importers in Puerto Rico and the U.S. Virgin Islands. September 28, U.S. Customs and Border Protection will deploy Enhancement of the Document Imaging System (DIS) to facilitate submission of documents related to export vehicles through Electronic Data Interchange (EDI). September 23, U.S. Customs and Border…
CPSC to launch voluntary electronic reporting phase
The Consumer Product Safety Commission (CPSC) is actively recruiting up to 2,000 importers to participate in voluntary electronic filings. What is e-filing?exist In November 2022, the U.S. Consumer Product Safety Commission launched Beta pilot testing of the electronic filing program that allows importers of regulated consumer products to electronically file certain data elements in certificates of compliance with the CPSC and Customs and Border Protection (CBP).The goal of the electronic filing process is to expedite the detection of shipments that pose a threat to people's safety, while also allowing importers to build a good safety record and get their products through ports more quickly.CPSC expects electronic filing to be fully implemented around 2025.How to get started with e-filingImporters must transmit information set data to CBP Automated business environment You must use the ACE system when entering the country. There are two ways to do this:Complete PGA message set: The importer provides the completed product certificate for the imported product to…
7 Tips for Submitting Prior Disclosures to CBP
All parties involved in importing merchandise into the United States, such as importers, customs brokers, exporters, shippers, and foreign suppliers and manufacturers, may file a Prior Disclosure (PD) with Customs and Border Protection (CBP) to voluntarily disclose certain false statements, acts, or omissions in violation of 19 USC § 1592. By doing so, these parties may receive reduced penalties for filing a PD.Here are seven tips for submitting prior disclosures to U.S. Customs and Border Protection: Performance data must be submitted in written formWhile oral disclosure is permitted, CBP's 19 CFR 162.74 requires that oral disclosures must be followed by a written statement within 10 days. If you decide to tell CBP verbally first, it is recommended that you keep a detailed written record of who you spoke with, what you suggested to CBP, and then make sure to summarize these in writing within 10 days of the discussion. Follow the checklist to ensure your PD has all the required…
ICYMI: The International Trade Court asked the Commerce Department to verify
In a recent ruling, the Court of International Trade (CIT) held that it was unreasonable for the Department of Commerce not to attempt to verify exporters’ certifications that they did not use China’s Export Buyer’s Credit Program (EBCP) when the exporters did not submit certifications to all of their customers.The ruling stems from an administrative review of the 2012 China Anti-Subsidy Duty Order on Solar Cells. In February 2022, the Ministry of Commerce initiated the ninth administrative review of the order. In March 2022, the International Trade Administration (ITA) selected Risen Energy Co, a developer, manufacturer and distributor of solar photovoltaic application products, as a mandatory respondent.Lisheng reported that none of its customers used the EBCP during the review period and submitted non-use certificates for all but one of its U.S. customers. However, in the final decision, the Department of Commerce included the Chinese government’s EBCP in the calculation of Lisheng’s countervailing duty rate. The Department of Commerce stated that…
A weekly overview of customs and trade news
A weekly overview of customs and trade newsHere's a recap of the latest customs and international trade news: Customs and Border Protection (CBP) U.S. Customs and Border Protection release Monthly update for July 2024. Highlights: Nearly $7.8 billion in tariffs are expected to be levied 408 shipments stopped for further inspection due to suspected use of forced labor 2,230 shipments containing counterfeit goods valued at more than $1.2 billion seized U.S. Customs and Border Protection Announce one The Harmonized System Update (HSU) contains 1,000 Harmonized Tariff records and 4,158 ABI records. HSU 2412 includes several updates to the PGA HTS Flag indicator for AMS (AM7) and adjustments required for 2024 Harmonized Tariff Schedule (HTS) validation. The U.S. Customs and Border Protection National Commodity Specialist Division (NCSD) will host Two webinars It will be held in September as part of the 2024 NCSD Webinar Series. U.S. Customs and Border Protection Announce The agency’s 2024-2025 plan will accelerate the testing and adoption…
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