Category Archives: Customs & Trade Updates

In a recently posted Public Bulletin, the Fish and Wildlife Service advised that as of January 2, 2017, U.S. importers and exporters will have to deal with changes to the Convention on International Trade in Endangered Species (CITES) listings and other import and export requirements affecting certain species, including some rosewoods*. As of Jan. 2, species added to, or deleted from, CITES Appendices I and II at the recent CITES convention will require CITES documentation per the amended listings, FWS said. The import, export or re-export of shipments of these species that are accompanied by CITES documents reflecting an old listing or that lack CITES documents because no listing was previously in effect “must be completed by midnight (local time at the point of import/export)” on Jan. 1, 2017, according to the FWS.
The Bulletin includes the listings of species: newly added to Appendices I and II; transferred between the two lists; and, removed from the lists. CITES also recently issued a report detailing all the changes. The action being taken is listed as follows:
ACTION: Except as noted below, the amendments to CITES Appendices I and II that were adopted at CoP 17, will be effective on January 2, 2017. Any specimens of these species imported into, or exported from, the United States on or after January 2, 2017 will require CITES documentation as specified under the amended listings.
The import, export, or re-export of shipments of these species that are accompanied by CITES documents reflecting a pre-January 2 listing status or that lack CITES documents because no listing was previously in effect must be completed by midnight (local time at the point of import/export) on January 1, 2017.
Importers and exporters can find the official revised CITES appendices on the CITES website.

As a result of the same CITES changes, the Animal and Plant Health Inspection Services has also posted notice of New CITES Requirements for Rosewoods to Take Effect January 2, 2017:
Beginning January 2, 2017, wood and wood products of rosewoods and palisanders (Dalbergia spp), bubingas (Guibourtia spp), and kosso or African rosewood (Pterocarpus erinaceus) must be accompanied by a CITES permit issued by the CITES Management Authority of the country of export or re-export. Shipments arriving in the destination country on or after January 2, 2017, without the required CITES documents may be held and seized or refused clearance.
Shippers who have CITES-listed rosewood shipments that are already in route and will arrive in the destination country on or after January 2, 2017, should contact their CITES Management Authority (the U.S. Fish and Wildlife Service in the United States) to determine whether retrospectively issued documents may be issued by the exporting/re-exporting country and accepted by the importing country.
As a reminder, shipments that contain only CITES-listed plants and plant material must be imported and exported through a designated port.

The following governmental notices that were posted this week may be of interest to our members and the trade:

APHIS’ Rules addressing the Importation of Lemons from Northwest Argentina;

CPSC’s Notice of Guidance for Industry and Staff concerning the Review of the Mattress Sets’ Standard for the Flammability Open Flame;

CBP’s Rule regarding the Regulatory Implementation of the Centers of Excellence and Expertise, Notices of the Accreditation and Approval of Commercial Gaugers and Laboratories, Electronic Visa Update System, the current Bulletin containing Decisions such as the Import Restrictions Imposed on Certain Archaeological Material From Egypt and Notices addressing issues such as Copyright, Trademark, and Trade Name Recordations & Comment Requests and additional Accreditation and Approval of Commercial Gaugers and Laboratories, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

F&W’s Public Bulletin addressing the ICITES Trade Suspensions and the U.S. Importer or Exporter;

OFAC’s Rule concerning Iranian Transactions and Sanctions Regulations and latest Notice regarding the Blocking of Persons and Properties;

FTZ Board current notices;

ITA and ITC Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews and updates on Determinations, Investigations and Complaints on items such as Certain Cased Pencils from the People’s Republic of China and Certain Foam Footwear;

USTR’s Determination of Trade Surplus on Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama;

California’s latest 60 Day Notices on items such as, but not limited to, a Children’s Teenage Mutant Ninja T-shirt, Children’s Footwear,  Pocket Tools and various Fire Pits and Grills; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.

Members wishing to learn more about any of these items should contact the Gemini team or consult the members page for a complete report

The following governmental notices that may be of interest to our members and the trade.  Among the items reported this week:

CPSC’s Proposed Rule concerning Safety Standard for Portable Generators;

CBP’s Rule regarding the Electronic Notice of Liquidation, Notices of the Accreditation and Approval of Commercial Gaugers and Laboratories, Automated Commercial Environments and National Customs Automation Program Tests, the latest two Bulletins containing Decisions such as the Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Material From Greece and Notices addressing issues such as The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program, the Final Determination Concerning Country of Origin of Computer Notebook Hard Disk Drives and Comment Requests, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

F&W’s Public Bulletin regarding the Issuance of Designated Port Exception Permits for Import at Non-Staffed Ports and ITDS;

OFAC’s latest Notices regarding the Blocking of Persons and Properties;

FTZ Board current notices;

ITA and ITC Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, including the Initiation of Administrative Reviews    and updates on Determinations, Investigations and Complaints on items such as Certain Hardwood Plywood Products from the People’s Republic of China;

Presidential Administrative Order regarding Syria and the Arms Export Control Act Waiver to Support U.S. Special Operations to Combat Terrorism;

USTR’s Rule addressing the Production or Disclosure of Records, Information & Employee Testimony in Legal Proceedings;

California’s latest 60 Day Notices on items such as, but not limited to, a Children’s Teenage Mutant Ninja T-shirt, Children’s Footwear,  Pocket Tools and various Fire Pits and Grills; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.

Please contact the Gemini team for more information on any of these items, or consult full details on the Gemini Members only page.

The following governmental notices  may be of interest to our members and the trade.

CBP’s Rules regarding Import Restrictions, Notices of the Accreditation and Approval of Commercial Gaugers and Laboratories, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s latest Notice regarding the Blocking of Persons and Properties;

FTZ Board current notices;

ITA and ITC Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, as well as updates on Determinations, Investigations and Complaints on items such as Diamond Sawblades and Parts Thereof From the People’s Republic of China;

California’s latest 60 Day Notices on items such as, but not limited to, Belts with Vinyl/PVC Components, Footwear with Vinyl/PVC Straps,  Pocket Tools and Vinyl/PVC Luggage and Totes; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.

Members seeking for information on any of these topics should contact the Gemini team.

The following governmental notices that may be of interest to our members and the trade.  

CITA’s Addition of certain 100% rayon twill challis fabric to the list in Annex 3–B of the United States-Colombia Trade Promotion Agreement

CPSC’s Notice of Litigation Guidance to provide recommendations for best practices when drafting protective orders, confidentiality agreements, and settlement agreements;

CBP’s New E-commerce and Small Business Branch within its Office of Trade page, Notices regarding the Issuance of Customs Brokers User Fee Payment, a Country of Origin Determination and various Comment Requests, Current Bulletin containing Eight Final and One Proposed Ruling Modification / Revocation, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

F&W’s CITES Public Bulletin notices;

FTZ Board current notices;

ITA and ITC, monthly announcements concerning the Initiation of Administrative Reviews, in addition to details of a new Investigation Into Certain Softwood Lumber Products From Canada and Amendment to the Commission’s existing Rules of Practice and Procedure, Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, as well as updates on Investigations and Complaints, on items such as Hardwood Plywood from China;

California’s latest Proposition 65 60 Day Notices on items such as, but not limited to a Reversible PVC Poncho, Belts and Backpacks made with Leather, Vinyl, or Imitation Leather Materials and Diving Outfit goggles; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.

The following governmental notices that may be of interest to our members and the trade.  

CPSC’s Proposed Rule regarding Safety Standard for Portable Generators and Notices concerning Adjusted Maximum Amounts for Civil Penalties & the conclusion of the International Trade Data System Initial Test Concerning the Electronic Filing of Targeting/Enforcement Data;

CBP’s Rules addressing: Freedom of Information Act Regulations, Business Travel Card Program and Import Restrictions concerning Certain Archaeological and Ethnological Material from Greece, Current Bulletin providing Accreditations and Approvals of Commercial Gaugers and Laboratories, Notice of Issuance of Final Determination Concerning Certain Treadmills and Receipt of Applications for “Lever-Rule” Protection, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

FTC Comment Request regarding the information collection requirements contained in the Consumer Product Warranty Rule;

FTZ Board current notices;

OFAC Unblocking of Persons /  Properties;

ITA and ITC monthly announcements concerning the Initiation of Administrative Reviews, in addition to Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, as well as updates on Investigations and Complaints, on items such as Certain Cased Pencils from the People’s Republic of China;

USTR’s Initiation of a Review of Argentina for Possible Designation as a Beneficiary Developing Country;

California’s latest Proposition 65 60 Day Notices on items such as, but not limited to Door Stoppers, Gibbon PVC Flexible Hose Kit and a Travel Kit; and,

Canada’s latest Consumer Alert & Recall notices.

Please contact the Gemini team for more information on any of these items.

The below governmental notices that may be of interest to our members and the trade.  

CBP’s Notice of a Comment Request,  the Current Bulletin providing a Decision providing a Technical Correction to the New Mailing Address for the National Commodity Specialist Division, Regulations and Rulings and Notices regarding the upcoming Federal Advisory Committee Meeting and of Approvals of Commercial Gaugers and Laboratories, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

FTZ Board current notices;

OFAC’s Notice of the Blocking of Persons and Properties;

ITA and ITC Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, as well as updates on Investigations and Complaints, on items such as Steel Wire Garment Hangers from the People’s Republic of China;

Presidential Administrative Order addressing the Continuation of National Emergency in Burundi;

USTR’s Notice advising of current import statistics affecting regarding Competitive Need Limitations under the Generalized System of Preferences;

California’s latest Proposition 65 60 Day Notices on items such as, but not limited to, Body Massagers, Children’s Sandals and Travel Toiletries; and,

Canada’s latest Consumer Alert & Recall notices.

For additional information on any of these items please contact the Gemini team

The Office of the United States Trade Representative (USTR) issued a Federal Register notice today ([TEXT]  [PDF]) announcing the availability of interim 2016 calendar year import statistics relating to the GSP Competitive Need Limitations (CNLs) program. The GSP CNL on duty-free importations will disqualify exportations from a beneficiary developing country (BDC) if the exported quantity of a GSP-eligible article entered in 2016 is either in excess of $175 million or has a value of 50% or more of the value of total imports of the eligible article; however, the percentage value limitation may be disregarded if total imports of an article do not exceed a de minimis level, equal to $23 million for 2016.

In order to provide advance notice of articles that may exceed the CNLs for 2016, the Office of the USTR has compiled import statistics for the first nine months of 2016 relating to CNLs. This information may be viewed at: https://ustr.gov/issue-areas/preferenceprograms/generalized-systempreferences-gsp/current-reviews/gsp-20162017.

Full calendar-year 2016 data for individual tariff subheadings will be available in February 2017 on the Web site of the U.S. International Trade Commission at http://dataweb.usitc.gov.  The interim 2016 import statistics are organized to show, for each article, the Harmonized Tariff Schedule of the United States (HTSUS) subheading and BDC of origin, the value of imports of the article from the specified country for the first nine months of 2016, and the corresponding share of total imports of that article from all countries. The list includes the GSP-eligible articles from BDCs that, based on interim nine-month 2016 data, exceed $110 million dollars, or an amount greater than 42 percent of the total value of U.S. imports of that product. In all, the following 11 products met the criteria to be placed on the list:

1. 0410.00.00—Other edible products of animal origin (Indonesia)
2. 0714.90.10—Fresh or chilled dasheens, whether or not sliced or in the form of pellets (Ecuador)
3. 1104.29.90—Grains of cereals other than barley, oats or corn, hulled, pearled, clipped, sliced, kibbled or otherwise worked, but not rolled or flaked (Turkey)
4. 2909.19.18—Ethers of acyclic monohydric alcohols & derivatives, not elsewhere specified (Brazil)
5. 2933.99.22—Other heterocyclic aromatic or modified aromatic pesticides with nitrogen hereoatom(s) only, not elsewhere specified (India)
6. 4011.20.10—New pneumatic radial tires, of rubber, of a kind used on buses or trucks (Indonesia)
7. 4409.10.05—Coniferous wood continuously shaped along any of its ends, whether or not also continuously shaped along any of its edges or faces (Brazil)
8. 6801.00.00—Setts, curbstones and flagstones, of natural stone (except slate) (Turkey)
9. 6802.99.00—Monumental or building stone & articles thereof, not elsewhere specified, further worked than simply cut/sawn (Brazil)
10. 8525.80.30—Television cameras, not elsewhere specified (Thailand)
11. 9001.50.00—Spectacle lenses of materials other than glass, unmounted (Thailand)

The list published on the USTR Web site includes the relevant nine-month trade statistics for each of these products and is provided as a courtesy for informational purposes only. The list is based on interim 2016 trade data, and may not include all articles that may be affected by the GSP CNLs. Regardless of whether or not an article is included on the list referenced in this notice, all determinations and decisions regarding application of the CNLs of the GSP program will be based on full calendar year 2016 import data for each GSP eligible article. Each interested party is advised to conduct its own review of 2016 import data with regard to the possible application of GSP CNLs. Based on the notice announcing the 2016 GSP Review, which was published in the Federal Register on August 25, 2016, the deadline for submission of Petitions requesting waivers of CNLs is Friday, December 2, 2016, 5:00 p.m. (The notice and comments are available at https://www.regulations.gov/docket?D=USTR-2016-0009.)

     The following updates and governmental notices may be of interest to our members and the trade:

APHIS’ Comment Request regarding the Importation of Fresh Citrus Fruit from Uruguay, Including Citrus Hybrids and Fortunella spp., into the Continental United States

CBP’s Notices concerning Accreditations and Approvals of Commercial Gaugers and Laboratories and Determination regarding Treadmills, Current Bulletin providing Decisions addressing the Investigation of Claims of Evasion of Antidumping and Countervailing Duties and the Establishment of the Electronic Visa Update System (EVUS), Proposed and Final Ruling Modifications / Revocations, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

FTZ Board current notices;

ITA and ITC monthly announcements concerning the Initiation of Administrative Reviews, in addition to Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, as well as updates on Investigations and Complaints, on items such as Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal;

Presidential Administrative Order addressing the Continuation of National Emergency in Iran;

California’s latest Proposition 65 60 Day Notices on items such as, but not limited to Unipro Sauna Suit, various Dried Oolong Teas and Tire Deflators; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.

Members seeking to learn more about any of these topics can contact their Gemini team representative.

Best Regards

Gemini Shippers Group