Category Archives: Customs & Trade Updates

Governmental Notices October 22nd – October 28th, 2016

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

CBP’s Rule advising of the New Mailing Address for the National Commodity Specialist Division, Regulations and Rulings, Office of Trade and latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

FTC’s Correction to its Energy Labeling Rule;

OFAC’s Notice of the Blocking of Certain 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 Investigations and Complaints, on items such as Certain Cased Pencils from the People’s Republic of China;

California’s latest Proposition 65 60 Day Notices on items such as, but not limited to Sandals and Fitness Balls; and,

Canada’s latest Consumer Alert & Recall notices.

Details on the above can be found on the members only site or by contacting the Gemini team.

 

Best regards

Gemini Shippers Group

FASA Takes Action On Notorious Markets

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FASA Takes Action On Notorious Markets

On October 26, FASA signed on to a letter with 16 international trade associations and one labor group urging the USTR to label Alibaba a “notorious market” as part of an annual review that identifies online and  physical markets that facilitate the sale of counterfeit products. The letter identifies a series of metrics that Alibaba was supposed to have executed, but didn’t undertake, in order to remove counterfeit articles from its site. The USTR is expected to make a decision by mid-December.

FASA/Gemini Urge Full GSP Treatment for Travel Goods

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FASA/Gemini Shippers Group sent a letter, cosigned by 12 trade groups, on November 1 to the U.S. Trade Representative Michael Froman urging the designation of 28 categories of travel goods to be eligible for duty free access to the United States from all Generalized System of Preferences (GSP) eligible countries. The letter was sent as part of a process the Administration reopened (following pressure from FASA/Gemini Shippers) to review whether more advanced developing countries should be able to export travel goods to the United States duty free. The Obama Administration had issued a proclamation in late June that provided this treatment for travel goods that are imported from countries in Africa or a handful of least developed developing countries. The early decision precludes countries like Thailand, the Philippines, and India from exporting travel goods duty free to the United States. FASA/Gemini has participated actively on this throughout the year, providing testimony and signing on to letters in August and March.

Governmental Notices October 15th – October 21st, 2016

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

CBP’s  Rule concerning the Investigation of Claims of Evasion of Antidumping and Countervailing Duties and notice of Electronic Visa Update System Requirements, the current Bulletin containing Decisions and notices such as the latest Copyright, Trademark and Trade Name Recordations  and comment requests, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s Rule concerning the Cuban Assets Control Regulations;

FTZ Board current notices;

ITA and ITC Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews and updates on Determinations, Investigations and Complaints;

California’s latest 60 Day Notices on items such as, but not limited to, Earphone Cords and Vinyl/PVC Keychains; and,

Canada’s latest Consumer Alert & Recall notices.

Members can contact the Gemini team for updates on any of the above items.

 

Governmental Notices October 5th – October 14th, 2016

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

CBP’s Proposal to amend its regulations to reflect that official notice of liquidation, suspension of liquidation and extension of liquidation will be posted electronically on the CBP website, and will no longer be posted at the customhouses / stations or be mailed, the current Bulletin containing notice regarding the U.S. Customs and Border Protection User Fee Advisory Committee and notice of the Accreditation and Approval of various Commercial Gaugers and Laboratories, as well as the latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

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

FTC’s final amendments to its Hobby Protection Rules;

FTZ Board current notice;

ITA and ITC Notices of Antidumping or Countervailing Duty Investigations, Orders, or Reviews and updates on Determinations, Investigations and Complaints, as well as the Administrative reviews initiated pursuant to requests to conduct reviews of various antidumping and countervailing duty orders with August anniversary dates, a Proposed Rule concerning the Steel Import Monitoring and Analysis System and upcoming Meeting & Trade Mission;

California’s latest 60 Day Notices on items such as, but not limited to, Vinyl Travel Accessories and vinyl coated hangers; and,

Canada’s latest Consumer Alert & Recall notices.

Please contact Gemini Shippers Group for more information on any of these items.

Governmental Notices September 29th – October 4th, 2016

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

CBP’s Notices concerning Expansion of Global Entry to Nine Additional Airports and Delaying the Effective Date for ACE Becoming the Sole CBP-Authorized EDI System for Processing Electronic Drawback and Duty Deferral Entry and Entry Summary Filings and Comment requests regarding NAFTA and CBTPA, the current Bulletins containing Notices of the Accreditation and Approval of Commercial Gaugers and Laboratories and latest two CBP Decisions, 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 monthly announcements of the Initiation and Advance Notifications      of Sunset Reviews, in addition to of Antidumping or Countervailing Duty Investigations, Orders, or Reviews, as well as updates on Determinations and Investigations, as well as the quarterly list of issued Scope Rulings on various items, such as Certain Lined Paper Products and Polyethylene Carrier Bags from the People’s Republic of China;

California’s latest 60 Day Notices on items such as, but not limited to, Children’s Swim Mask & Snorkel,  PVC Coated Chemical Resistant Gloves and Tire Deflator Kits and Vinyl/PVC Candy Boxes; and,

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

For information on any of these items please contact the team at Gemini Shippers Group or view the details on the Gemini Member page.

US Customs Trade Symposium Registration Open

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CSMS# 16-000876 – The 2016 East Coast Trade Symposium Registration is OPEN!

 

U.S. Customs and Border Protection (CBP) is proud to announce that the 2016 East Coast Trade Symposium (ECTS) will be held on December 1-2, at the Hyatt Regency Crystal City in, Arlington, Virginia. This year’s theme is “Trade’s Impact on American Health, Safety, and Economic Prosperity.”

For more information about the 2016 ECTS and how to register for this event, please click on or copy and paste the following URL to your internet browser: https://www.cbp.gov/trade/stakeholder-engagement/trade-symposium

Governmental Notices September 24th – September 28th, 2016

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  The following updates and governmental notices may be of interest to our members and the trade. Among the items in this issue are links to:

CITA’s Notice of the Limitations of Duty and Quota Free Imports: Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries from Regional and Third-Country Fabric;

CPSC’s Proposed New Safety Standard for Baby Changing Products;

CBP’s Delaying the ACE Post-Release Deadline to January 2017, Rule regarding the Importations of Pesticides and Pesticidal Devices, Notices of the Accreditation and Approval of Commercial Gaugers and Laboratories, the two current Bulletins containing notice of the Conclusion of a National Customs Automation Program Test in ACE, Comment Requests and 20 Final and Proposed Ruling Modifications / Revocations, 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, as well as a Scope Ruling on Aluminum Extrusions from the People’s Republic of China;

California’s latest 60 Day Notices on items such as, but not limited to, Coupler Locks and Tire Deflator Kits; and,

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

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

Governmental Notices September 10th – September 16th, 2016

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The following updates and governmental notices may be of interest to our members and the trade.  Among the items in this issue are CBP’s “ACE Protest Frequently Asked Questions” and links to:
APHIS’ Treatment Evaluation Document regarding the Cold Treatment of Grapefruit from Australia;
CPSC’s Comment Request about Third Party Conformity Assessment Body Registration Form;

CBP’s Proposed Rule advising of the Modernization of the Customs Brokers Examination, Notice of Commercial Gauger and Laboratory Accreditations and Approvals and a Comment Request, as well as the current Bulletin with an additional Comment Request and latest ABI messages;

CPSC and FDA Recalls and Consumer Updates;

FTC’s Rules regarding the Disclosure of Written Consumer Product Warranty Terms and Conditions and the Energy Labeling Rule, as well as the Proposed Rule concerning the Disposal of

Consumer Report Information and Records;

FTZ Board current notices;

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 Large Residential Washers from Mexico and Korea;

Presidential Proclamation Restoring preferential treatment for Burma and Executive Order regarding the Cote d’Ivoire and Termination of the Emergency situation;

California’s latest Proposition 65 60 Day Notices on items such as, but not limited to Ladies Gardening Gloves and Charcoal grills and hibachis; and,

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

 

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

US CBP Offers Guidance of Possible Scenarios for Customs Entry for Hanjin Containers

By | Customs & Trade Updates, Gemini News, Industry News, Washington Newsline | No Comments

US Customs published the following update today in response to queries from importers on how to deal with containers arriving on Hanjin Ships and Bill of Ladings

 

Scenario 1:

Vessel Diverted to Foreign Port and Discharged: A Hanjin vessel does not arrive
in the intended U.S. port and diverts to a foreign port to discharge freight.
• The manifest and Importer Security Filing (ISF) must be deleted.
• All bills of lading need to be deleted (not cancelled)
• Entries and entry summaries need to be cancelled.
• For cargo subsequently entering the U.S. through land border or other means, a new entry
should be filed at the appropriate port of entry.
• For shipments subject to Food and Drug Administration (FDA) requirements, filers must
request deletion and a new Bio-Terrorism Act (STA) prior notice submission should be
transmitted along with the new entry if the cargo subsequently enters the U.S.
Scenario 1a:

Hanjin Vessel Diverted to Foreign Port Not Discharged: A vessel diverted
to a foreign port of entry is not discharged but cargo is transferred to an alternative
conveyance (i.e. barge) for arrival and discharge at the original intended U.S. port of entry.
• This should be used only in limited situations.
• No change is needed to the manifest, bill of lading, ISF, or pre-filed entries.
• A new FDA prior notice is not required.
• The arrival date will reflect the date the conveyance arrives at the intended U.S. port to be
offloaded.
Scenario 2:

Hanjin Vessel Diverted to Another U.S. Port and Discharged: This includes any
scenario where shipments manifested for one U.S. port are discharged in a port other than the
manifested port.
• Manifest and bill information should be updated to reflect the port code where the freight
will actually be discharged.
• No change is needed to the ISF. However, ISF filers should monitor the ISF disposition
codes to ensure that any changes to the manifest and bill information did not cause the
original bill match to drop.
• Change pre-filed entries to reflect the actual port code of discharge. The filer may opt for
any of the following:
• Using ACE Cargo Release corrections capability, to change pre-filed entries to
reflect the actual port code of discharge. As long as the shipment is not held or
arrived/released, this process should be fully automated with minimal CBP
intervention.
• Initiate an electronic in-bond movement or use a 7512 to allow for inter-modal
transport of the goods to the original intended U.S. port for processing by
CBP.
• Entries may be cancelled and refiled for the new port of entry.
• A new FDA prior notice is not required; filers can retransmit a corrected/updated prior
notice.
In all cases under this scenario, manifest and bill information should be updated, but no
change is needed to the ISF. Please note that without updating the bills of lading, the
shipments cannot be arrived at the first port of arrival which will prevent entries from
releasing. Changes in entry process with ACE Cargo Release has linked the entry release
to the manifest arrival to increase the number of fully paperless transactions. Without
this, paper entries and other documents will be needed for shipments not requiring
examination or further processing with ACE. In addition, since shipments being held for
examination or document review will need to be amended in any scenario, this process
provides a standard process with most compliant transactions requiring minimal CBP
intervention.
Scenario 2a:

Hanjin Vessel Diverted to Another U.S. Port Not Discharged: When a vessel
is diverted to another U.S. port of entry but not discharged, no change is needed to the bill of
lading or entries. The arrival date for the vessel will reflect the date the ship returns to the
intended U.S. port to be offloaded.

Scenario 3:

Hanjin Vessel Rests at Anchor and Not Diverted: A vessel arrives in port
but due to work stoppage rests at anchor until freight can be discharged.
 The carrier must continue to provide advance notification to local CBP ports of their
pending arrival (CBP Form 3171).
 When a vessel arrives at a U.S. port (within CBP territory) and comes to rest whether
at anchor, dock, or harbor, carriers must notify local CBP vessel processing
personnel.
 After initial arrival, a change to the vessel’s arrival status should be considered
(vessel unarrived) to avoid automated cargo release and general order issues.
 The carrier and vessel agents should maintain close communication with local CBP
port vessel processing office to share information, updates, instructions, and portspecific
guidance.
 CBP will work with the carrier on a case-by-case basis so the actual arrival date and
time at the first U.S. port closely reflects the actual date/time the vessel begins to
unlade the cargo.
 CBP will also take into consideration situations where cargo has been unladen but
due to work stoppage cannot be moved from the dock.
Scenario 4:

In-bond (IT and T&E) cargo already in the U.S. moving under Hanjin’s bond
to U.S. port for entry or export.
This cargo must be arrived to process the entry and allow release. Customs brokers and others
using ABI functions QP/WP can arrive and/or export any in-bond at destination. As an
alternative, the in-bond document (or information as appropriate) can be delivered to CBP and
in-bond destination in order to be manually arrived/exported.