May 11

CBP Launches the United States-Mexico-Canada Center to Coordinate Implementation of USMCA

By Gemini Shippers Group | Customs & Trade Updates | No Comments

CBP Launches the United States-Mexico-Canada Center to Coordinate Implementation of USMCA

Release Date:

May 11, 2020

WASHINGTON— To help coordinate implementation of the United States-Mexico-Canada Agreement, which enters into force on July 1, U.S. Customs and Border Protection recently opened the USMCA Center.

Staffed with CBP experts from operational, legal, and audit disciplines, as well as with virtual representatives from Canadian and Mexican customs authorities, the USMCA Center is a cornerstone of CBP’s USMCA implementation plan and will serve as a central communication hub for CBP and the private sector community, including traders, brokers, freight forwarders and producers, ensuring a smooth and efficient transition from the North American Free Trade Agreement to USMCA.

“The Center is integral to successful implementation of USMCA, as it will focus on outreach, training, and developing new regulations and procedures, while providing consistency and transparency to the trade community,” said Brenda Smith, Executive Assistant Commissioner of CBP’s Office of Trade. “This all comes down to making sure that American consumers get their goods safely, securely and predictably, while protecting the economic security of the United States.”

USMCA is a new trade agreement that modernizes certain NAFTA provisions, reflecting developments in technology and 21st Century supply chains. USMCA calls for new approaches to rules of origin, agricultural market access, digital trade, and financial services while protecting the labor rights of workers in key industries, and strengthening the protection of intellectual property rights.

The USMCA Center staff will be CBP’s experts on the trade provisions of USMCA, providing guidance to private and public sector stakeholders. Center staff will facilitate a smooth transition from NAFTA by coordinating and scheduling outreach events, responding to training requests, developing and distributing information resources, and updating CBP regulations on pending USMCA topics/issues, while also providing clear and transparent technical guidance on USMCA’s new compliance obligations. Center staff will work closely with Centers of Excellence and Expertise and the ports to ensure CBP’s implementation is uniform and supports U.S. economic security.

Please note: NAFTA rules will continue to apply until July 1 when USMCA enters into force.

Additional information about the agreement, compliance guidance, and implementation efforts may be found on the agency’s USMCA webpage. Inquiries for the USMCA Center can be directed to USMCA@cbp.dhs.gov.

Follow the CBP Office of Trade on Twitter @CBPTradeGov.

Apr 23

COVID-19 pandemic economic crisis

By Gemini Shippers Group | Customs & Trade Updates, Washington Newsline | No Comments

Today, Gemini Shippers Group joined with 65 industry groups in a call to governments and international financial institutions to enact coordinated efforts to address the economic crisis caused by the COVID-19 pandemic. Representing the textile, apparel, footwear, travel goods, and fashion industry, the groups represent companies, workers, and consumers in each and every part of the global supply chain.

The statement in its entirety is available here: Covid Joint-Industry Statement April 2020.

Apr 13

Uncertain Times

By Gemini Shippers Group | Customs & Trade Updates, Gemini News | No Comments

Apr 02

US CBP National Commodity Specialist Division, Office of Trade – commodity-specific, educational webinars

By Gemini Shippers Group | Customs & Trade Updates, Washington Newsline | No Comments

Cargo Systems Messaging Service
CSMS #42232417 – NCSD April 2020 Webinars
The National Commodity Specialist Division, Office of Trade, is excited to present the next round of commodity-specific, educational webinars to support your business in these difficult times. Beginning April through July, 2020, the webinars will begin at 1:30 PM EST and run an hour, unless specified otherwise. The full schedule will be forthcoming, however due to COVID-19, we will evaluate how the webinars, scheduled below for April, work while hosting from a remote location, before we proceed with monthly registration for the remaining webinars.

Please sign on to all webinars using the link below: Thank you for your participation!

Webinar link: https://share.dhs.gov/ncsd2020webinars/

Phone number: 877-873-8017

Passcode: 4252731

The April schedule is as follow:

21-Apr	1:30-2:30pm EST	Plastic Plates, Sheets, Film, Foil and Strip
23-Apr	1:30-2:30pm EST	Untangling Bedding of 9404
29-Apr	1:30-2:30pm EST	Women’s Knit Jumpsuits and Bodysuits of Heading 6114
30-Apr	1:30-2:30pm EST	Sleepwear to Beachwear

Mar 31

Duty Deferral brought to President Trump by Industry CEO’s

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

Members of Gemini Shippers Group joined other industry CEO’s in signing the below letter to the President this week on duty deferral during the COVID-19 crisis.

A copy of the letter and companies that signed is included here: CEO Duty Deferral Letter to President Trump 033120 – Final

March 31, 2020
The President The White House
1600 Pennsylvania Ave., NW Washington, DC 20500

Dear President Trump,
Thank you for the unprecedented steps your Administration has taken to meet the enormous liquidity
challenges that have been created by the economic fallout of the deadly COVID 19 pandemic. These
steps have included delaying many payments, such as income tax and student loans. Until these
payments are ultimately made, these delays will give Americans access to much needed cash to help
them survive during these challenging times. In that vein, we are writing to ask for additional,
urgent help this week.

We are urgently asking you to delay the collection of duties, including those that many companies
were required to pay this past Friday, for a period of 90-180 days to give companies like ours
access to cash that would normally be paid to the U.S. government.

Delaying duties helps us preserve cash flow – critically important during a prolonged period of
little to no revenue – allowing us to keep our businesses in operation so we can preserve U.S.
jobs. At the same time, delaying duties does not undermine the effect of tariffs on trade flows
because the money is still due.

Mr. President, only you can take this swift action, but in doing so, you would provide immediate
relief to both large and small businesses, including manufacturers, retailers and other service
providers, farmers and ranchers.
Sincerely,

Mar 27

GUIDANCE: One Year Extension on Certain China Section 301 Exclusions for Products Covered Under Tranche 1 – $34B –Action (9903.88.06)

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

Cargo Systems Messaging Service

CSMS #42180527-GUIDANCE: One Year Extension on Certain China Section 301 Exclusions for Products Covered Under Tranche 1 – $34B –Action (9903.88.06)

BACKGROUND
On March 19, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 15849 to extend for 12 months certain product exclusions covered by the March 25, 2019 notice (see 84 FR 11152) for Section 301 duties on China ($34B Action – Tranche 1).

These product exclusions relate to the imposed additional duties on Chinese goods with an annual trade value of approximately $34 billion. These exclusions apply retroactive to the July 6, 2018 effective date of the $34 billion action, and will extend to March 25, 2021.

The scope of each exclusion is governed by the scope of the HTSUS 10-digit classification and product descriptions in the Annex to 85 FR 15849, and not by the product descriptions set out in any particular request for exclusion. A link to the Federal Register Notice is embedded in this message.

The functionality for the acceptance of certain product exclusions extended for 12-months on articles from China covered under Tranche 1 – $34B Action of Section 301 duties will be available in the Automated Commercial Environment (ACE) by 7am, Eastern Standard Time on March 26, 2020.

GUIDANCE
Instructions for the trade on submitting entries to CBP containing certain product exclusions that have been extended are set out below:

• In addition to reporting the regular Chapters 84, 85, 86, and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.06 (Articles, the product of China, as provided for in U.S. note 20(i) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).
• Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.06 is submitted.

Product Exclusions granted a 12-month extension under HTS 9903.88.06:

• 8412.21.0045, 8607.21.1000, 8413.81.0040, 8421.21.0000, 8421.22.0000, 8421.99.0040, 8431.49.9095, 8471.70.6000, 8501.10.4020 and 9027.90.5650

ADDITIONAL INFORMATION
Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.

Duty exclusions granted by the USTR are retroactive for imports on or after the initial July 6, 2018 effective date of the Tranche 1, $34B Action, of the China Section 301 trade remedies. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, but within 180 days of the liquidation action, importers may protest the liquidation.

Reminder: The trade should be referred to CSMS 39587858 for instructions on the entry summary order of reporting for multiple HTSUS when HTSUS Chapter 98 or 99 are required.

For ease of reference, a summary of Section 301 duties and product exclusion notifications is provided as an attachment.

Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements, please refer to CSMS message #40969690 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/27125da

Mar 27

Section 301 Tranche 3 – $200B Eleventh Round of Product Exclusions from China

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

CSMS #42181055 – GUIDANCE: Section 301 Tranche 3 – $200B Eleventh Round of Product Exclusions from China

BACKGROUND
On March 26, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 17158 announcing the decision to grant the eleventh round of certain exclusion requests from the Section 301 duty related to goods from China ($200B Action – Tranche 3).

These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion. The product exclusions announced in this notice retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.

The exclusions are available for any product that meets the description as set out in the Annex to 85 FR 17158, (see attachment), regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion. For ease of reference, a link to the entire Federal Register Notice is embedded in this message.

The functionality for the acceptance of the eleventh round of products of China excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) as of 7am eastern standard time, March 31, 2020.

GUIDANCE
Instructions for importers, brokers and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 85 FR 17158 are set out below.

In addition to reporting the regular Chapters 03, 05, 12, 16, 28, 29, 38, 39, 40, 42, 48, 51, 55, 59, 60, 68, 69, 70, 73, 74, 76, 79, 82, 83, 84, 85, 87, 90, and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.43 (Articles, the product of China, as provided for in U.S. note 20(vv) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).
• Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.43 is submitted.

Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe.

Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required).

For ease of reference, a summary of Section 301 duties and product exclusion notifications as well as the Annex to 85 FR 17158 are attached.

For more information related to the eleventh round of products of China excluded from Section 301 duties, please refer to 85 FR 17158, issued March 26, 2020.

Mar 26

Section 301 Update – COVID-19

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

March 25, 2020

Dear Members and Friends –

We hope that you are all staying safe and healthy during these difficult times. While COVID-19 has caused chaos in the world of logistics, there are several other things going on that may affect your shipments.

On March 20, 2020, the U.S. Trade Representative published a list of almost 200 additional exclusions from the China 301 Tranche 3 actions. As you may recall, Tranche 3 is subject to an additional 25 percent duty, unless the products have previously been excluded. The full list is scheduled to be published tomorrow, but the unpublished list is attached here and here.

Some of the items on this list that may be of significance to our members include the following:

44) Backpacks and duffel bags with an outer surface of a blend of hemp and organic cotton, each measuring not less than 38 cm by 30 cm by 15 cm and not more than 36 cm by 72 cm by 34 cm (described in statistical reporting number 4202.92.2000)

45) Backpacks with outer surface of textile materials of man-made fibers, each measuring at least 35 cm but not more than 75 cm in height, at least 19 cm but not more than 34 cm in width, and at least 5cm but not more than 26 cm in depth (described in statistical reporting number 4202.92.3120)

46) Fishing tackle bags of man-made fibers, each measuring at least 5 cm but not more than 17 cm in width, at least 23 cm but not more than 27 cm in height and at least 37 cm but not more than 43 cm in depth, with a shoulder strap and carrying handles (described in statistical reporting number 4202.92.3131)

48) Tote bags with outer surface of man-made fibers, with handles, with printing on front and back, each bag measuring more than 20 cm but not more than 36 cm in width and more than 22 cm but not more than 39 cm in height, with a gusset measuring not more than 16 cm (described in statistical reporting number 4202.92.3131)

49) Bags with outer surface of textile materials of man-made fibers, each with a base of plastics and a coil zipper, weighing 0.22 kg or more but not over 4.6 kg, shaped to fit power sports vehicles (including but not limited to off-road vehicles, all-terrain vehicles, snowmobiles and motorcycles) (described in statistical reporting number 4202.92.9100)

50) Pouches and tool holsters of woven man-made fibers, each measuring at least 13 cm but not more than 19 cm in height, at least 4 cm but not more than 11 cm in width and at least 3 cm but not more than 5 cm in depth, valued not over $16 each, designed to fit over the wearer’s belt or attach to belt loops to provide hands-free carrying of mobile phones, tools, flashlights and articles of similar size (described in statistical reporting number 4202.92.9100)

52) Women’s, girls’, and infants’ pants, skirts and dresses, of polyurethane-coated leather of swine or of polyurethane-coated composition leather of swine (described in statistical reporting number 4203.10.4095)

54) Notebooks of paper or paperboard, each incorporating a plastic toy building block on the cover, measuring at least 13 cm but not more than 16 cm on the short side, at least 15 cm but not more than 22 cm on the long side and at least 1 cm but not more than 3 cm in thickness, with at least 192 but no more than 352 ruled or blank pages (described in statistical reporting number 4820.10.2060)

73) Windshields of laminated safety glass, of a size and shape for vehicles, each weighing at least 10.9 kg but not over 15.4 kg (described in statistical reporting number 7007.21.1010)

74) Rear-view mirrors for vehicles, composed of stainless steel, aluminum, glass filled nylon, polyethylene, and acrylonitrile-butadiene-styrene, each weighing at least 500 g but not more than 1 kg, with mirrors measuring at least 180 mm but not more than 400 mm in length (described in statistical reporting number 7009.10.0000)

75) Rear-view mirrors for vehicles, each consisting of a multi-curvature convex glass mirror, a steel case and a heating element (described in statistical reporting number 7009.10.0000)

76) Replacement kits for rear-view mirrors for vehicles, each consisting of a multi-curvature convex mirror, a gasket and a heating element (described in statistical reporting number 7009.10.0000)

168) Cabinets of wood with glass fronts, each measuring at least 208 cm but not more than 234 cm in height, at least 86 cm but no more than 128 cm in width and at least 40 cm but not more than 49 cm in depth (described in statistical reporting number 9403.60.8081)

169) Cabinets of wood with glass fronts, each measuring at least 91 cm but not more than 117 cm in height, at least 165 cm but no more than 216 cm in width and at least 38 cm but not more than 59 cm in depth (described in statistical reporting number 9403.60.8081)

For the full list, please see the preliminary notice from the office of the USTR. If there are questions about customs classifications, contact traderemedy@cbp.dhs.gov.

These exclusions are retroactive to September 24, 2018 and are in effect through August 7, 2020. To seek refunds of duties paid, speak to your customs broker or a customs attorney.

CBP has published a notice about requesting extensions of exclusions. That notice is attached here.

There were also several notices of about 200 medical items that have been granted exclusions. See the following link.

For U.S. importers, Customs is reviewing requests for a 7 day delay in payments of customs duties. A notice should appear in the Federal Register shortly. If anyone is interested, reach out to Director Randy Mitchell at randy.mitchell@cbp.dhs.gov and include the name of the importer and the IOR number in the request.

In other news, India’s Prime Minister, Narendra Modi, yesterday ordered the country on lockdown for 21 days. Production and shipments from India will obviously be significantly delayed. Although ports and carriers are still operational, truckers and factories are closed. Bangladesh has just announced that all public transport (except for emergency medical transport) is shut down from March 26 to April 4.

Stay safe, stay indoors, stay healthy.

Sara Mayes,
President

Mar 19

USTR Grants Exclusions to section 301 Tranche 4A – $300B Second Round of Product Exclusions from China (9903.88.42) to address Medical Supplies

By Gemini Shippers Group | Customs & Trade Updates, Washington Newsline | No Comments

Members,

The USTR granted 19 additional exclusions from Section 301 List 4 to medical supplies that are part of the COVID19 response.

These exclusions apply retroactively to the implementation date of September 1st, 2019 and will remain until September 1st, 2020.

CSMS #42049352 – GUIDANCE: Section 301 Tranche 4A – $300B Second Round of Product Exclusions from China (9903.88.42)

BACKGROUND
The U.S. Trade Representative (USTR) made the decision to grant certain exclusion requests from the Section 301 duty on goods covered under list 1/Annex A ($300B Action – Tranche 4) 84 FR 43304.

These product exclusions relate to the imposed additional duties announced in 84 FR 43304 and 84 FR 45821 on Chinese goods with an annual aggregate trade value of approximately $300 billion. The product exclusions will retroactively apply as of the September 1, 2019 with the effective date of the $300 billion action (Tranche 4A), and will extend through September 1, 2020.

The exclusions are available for any product that meets the description in the Annex (see attachment), regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings described in the Annex, and not by the product descriptions set out in any particular request for exclusion.

The functionality for the acceptance of the imported merchandise covered under the second round of products excluded from the Section 301 Tranche 4A-$300B Action will be available in the Automated Commercial Environment (ACE) as of 7am eastern standard time, March 16, 2020.

GUIDANCE
The exclusions are reflected in 19 specifically prepared product descriptions, which covered 39 separate exclusion request. Instructions for importers, brokers, and filers on submitting entries to CBP are set out below.
• In addition to reporting the regular Chapters 39, 63, 84 and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.42 (Articles the product of China, as provided for in U.S. note 20(uu) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion).
• Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.42 is submitted.

Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 1, 2019. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.

A copy of the Annex can be found here: Section 301 ANNEX 99038842.docx and is noted below.

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 1, 2019, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified:
by inserting the following new heading 9903.88.42 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, and “Rates of Duty 1-General”, respectively:

Heading/ Subheading	Article Description	Rates of Duty
		1		2
		General	Special
“9903.88.42	Articles the product of China, as provided for in U.S. note 20(uu) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative . . . . . . . . . . . . . . . . . . . . .	The duty provided in the applicable subheading”

by inserting the following new U.S. note 20(uu) to subchapter III of chapter 99 in numerical sequence:

“(uu) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.15 and provided for in U.S. notes 20(r) and (s) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.15. See 84 Fed. Reg. 43304 (August 20, 2019), 84 Fed. Reg. 45821 (August 30, 2019), 84 Fed. Reg. 57144 (October 24, 2019) and 85 Fed. Reg. 3741 (January 22, 2020). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.15 shall not apply to the following particular products, which are provided for in the following enumerated statistical reporting numbers:

Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (described in statistical reporting number 3926.90.9990)
Disposable graduated medicine dispensing cups of plastics (described in statistical reporting number 3926.90.9990)
Pads of foam plastics, with hook and loop fastener straps, integrated arm protectors, and accessory headrest, body straps, lift sheets, hand grips and face masks, of a kind used for positioning patients during medical procedures (described in statistical reporting number 3926.90.9990)
Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (described in statistical reporting number 3926.90.9990)
Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (described in statistical reporting number 3926.90.9990)
Cold packs consisting of a single-use, instant, endothermic chemical reaction cold pack combined with a textile exterior lining (described in statistical reporting number 6307.90.9889)
Disposable shoe and boot covers of man-made fiber fabrics (described in statistical reporting number 6307.90.9889)
Eye compresses, each consisting of a fabric cover filled with silica or gel beads, with or without a hook-and-loop fastener strap (described in statistical reporting number 6307.90.9889)
Face masks, single-use, of textile fabrics (described in statistical reporting number 6307.90.9889)
Gel pads of textile materials, each with removable fabric sleeves, in the shape of hearts, circles or quadrants (described in statistical reporting number 6307.90.9889)
Hot packs of textile material, single-use (exothermic chemical reaction) (described in statistical reporting number 6307.90.9889)
Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889)
Patient restraint or safety straps of textile materials, with hook-and-loop or ladder lock fasteners (described in statistical reporting number 6307.90.9889)
Single-use blood pressure cuff sleeves of textile materials (described in statistical reporting number 6307.90.9889)
Single-use medical masks of textile material (described in statistical reporting number 6307.90.9889)
Single-use stethoscope covers (described in statistical reporting number 6307.90.9889)
Woven gauze sponges of cotton in square or rectangular sizes (described in statistical reporting number 6307.90.9889)
Electromechanical shoe cover dispenser, of steel (described in statistical reporting number 8479.89.6500)
Protective articles (described in statistical reporting number 9004.90.0000)”

by amending the last sentence of the first paragraph of U.S. note 20(r) to insert “, except as provided in heading 9903.88.42 and U.S. note 20(uu) to subchapter III of chapter 99” after “heading 9903.88.15”.

by amending the article description of heading 9903.88.15 by deleting the word “Articles” and inserting “Except as provided in heading 9903.88.42, articles” in lieu thereof.

Best Regards

Gemini Shippers Group

Mar 18

US – CBP – Update on FDA’s Import Operations During The Coronavirus Disease 2019 (COVID-19) Outbreak

By Gemini Shippers Group | Customs & Trade Updates, Washington Newsline | No Comments

Cargo Systems Messaging Service

CSMS #42065469 – Update on FDA’s Import Operations During The Coronavirus Disease 2019 (COVID-19) Outbreak

FDA’s Import Operations currently remain functional and operational. Activities including FDA Prior Notice review, FDA entry processing, FDA sampling/examination of high risk shipments, FSVP inspections, filer assessments, and compliance activities are all ongoing.

While most import operations are not currently experiencing delays, the import community should expect delays in the receipt of hard copy notices. FDA will have a lessened capacity to generate and mail hard-copy Notices of FDA Action (release notices, sampling notices, etc.). FDA strongly encourages all members of the import community who deal in FDA-regulated articles to utilize the FDA Import Trade Auxiliary Communication System (ITACS) for current entry status and to receive FDA notices electronically.

The ITACS Account Management functionality enables the electronic distribution of Notices of FDA Action via email and as downloads from within ITACS. It also allows account holders to view the details of specific information requests, versus delivery of hard copy Notices of FDA Action. ITACS Account Management functionality may be used by customs brokers (entry filers), importers of record, and consignees with an approved ITACS account.

ITACS accounts can be requested via the FDA Unified Registration and Listing System (FURLS) at https://www.access.fda.gov/oaa for those who have not already created an account. Please follow the step by step instructions provided in the ITACS Account Management Presentation at https://www.fda.gov/industry/import-systems/itacs to request an account. Please note that approval of an account request may take 2-3 business days, or longer if additional information is needed from the requestor.

ITACS basic functionality can always be accessed at https://itacs.fda.gov. This includes checking statuses, providing requested documentation electronically, and providing location of goods for examination electronically.

Additional information on ITACS, including questions and answers, can be found on FDA’s ITACS for Industry webpage. For further questions regarding ITACS, please contact itacssupport@fda.hhs.gov.

FDA is continuously monitoring COVID-19 events and will provide updates as circumstances warrant. Additionally, COVID-19 information can be found on FDA’s website for Coronavirus Disease 2019 (COVID-19).

Entry related questions and/or issues:

For issues related to Prior Notice processing, contact FDA’s Division of Food Defense Targeting at their main number 866-521-2297;
For issues related to FDA entry admissibility processing, contact your usual local FDA contacts. These can be found using FDA’s “FDA Import Offices and Ports of Entry” webpage at this link: https://www.fda.gov/forindustry/importprogram/ucm319216.htm
For questions regarding product coding, intended use codes, and/or general inquiries, please contact: FDAImportsInquiry@fda.hhs.gov.
For ACE inquiries, contact FDA ACE Support, 877-345-1101, ACE_Support@fda.hhs.gov. ACE Support Hours: Monday – Friday, 6AM-8PM EST, Saturdays, 8AM-4PM EST. ACE Support is Closed on Sundays

Mar 18

Gemini Shippers Group calls on President Trump To Suspend Tariffs In Response to Coronavirus Outbreak

By Gemini Shippers Group | Customs & Trade Updates, Washington Newsline | No Comments

Members,
Today Gemini Shippers Group joined the other members of the Americans for Free Trade coalition in calling on President Trump To Suspend Tariffs In Response to Coronavirus Outbreak, Providing Relief to Millions of American Farmers, Manufacturers, and Consumers. A press release and a copy of the letter can be found below.

March 18, 2020
The Honorable Donald J. Trump
President of the United States of America
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20001

Dear Mr. President:

As you consider emergency measures to mitigate the economic harm from the spread of the
coronavirus, Americans for Free Trade urges you to consider taking swift action on a policy that
would provide tax relief to millions of American farmers, manufacturers, families, and
consumers without having to wait on action from Congress: suspending the additional tariffs
placed on certain imports under Section 301 of the Trade Act of 1974 and Section 232 of the
Trade Expansion Act. These tariffs are taxes that Americans pay.
According to research by Trade Partnership Worldwide LLC, suspending the Section 301 and
232 tariffs currently imposed on imports from China, and China’s associated retaliation, would
provide a boost to the U.S. economy of over $75 billion, or 0.4 percent of U.S. GDP, returning
discretionary income to families, encouraging capital expenditures by private companies, and
instilling market confidence in decisive action to address the current economic situation.
Moreover, as a set of policies that were implemented using executive authority, suspending these
tariffs can be taken quickly and decisively by your Administration without further authorization
steps from Congress.
Americans for Free Trade represents every part of the U.S. economy including manufacturers,
farmers and agribusinesses, forest products, retailers, technology companies, service suppliers,
natural gas and oil companies, importers, exporters, and other supply chain stakeholders, among
them many small and family-owned businesses from across the nation.
Together, we urge you to provide tariff relief as one of the measures to help those hurting
financially from the economic effects resulting from the current public health crisis.

Sincerely,

Accessories Council
ACT | The App Association
Agriculture Transportation Coalition (AgTC)
ALMA, International (Association of
Loudspeaker Manufacturing and Acoustics)
American Apparel & Footwear Association
(AAFA)
American Association of Exporters and
Importers (AAEI)
American Association of Port Authorities
American Bakers Association
American Bridal & Prom Industry Association
(ABPIA)
American Chemistry Council
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Mar 17

USTR Grants further Exclusions to List 3 for 5 tariff numbers that were subject to the Section 301 List 3

By Gemini Shippers Group | Customs & Trade Updates, Washington Newsline | No Comments

Members,

( 3/17/2020) The US Trade Representative granted further exclusions to List 3 for the section 301 tariff.

These exclusions retroactively apply to the September 24th, 2018 implementation date and remain in effect until August 7th, 2020.

The notice from USCBP is included below:

CSMS #42048963 – GUIDANCE: Section 301 Tranche 3 – $200B Tenth Round of Product Exclusions from China (9903.88.41)

BACKGROUND
The U.S. Trade Representative (USTR) made the decision to grant certain exclusion requests from the Section 301 duty related to goods from China ($200B Action – Tranche 3) 83 FR 47974.
These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion. The product exclusions will retroactively apply as of the September 24, 2018 with the effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.
The exclusions are available for any product that meets the description in the Annex (see attachment), regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings described in the Annex, and not by the product descriptions set out in any particular request for exclusion.
The functionality for the acceptance of the imported merchandise covered under the second round of products excluded from the Section 301 Tranche 3-$200B Action will be available in the Automated Commercial Environment (ACE) as of 7am eastern standard time, March 16, 2020.

GUIDANCE
The exclusions are reflected in five 10-digit HTSUS subheadings, which covered 75 separate exclusion request. Instructions for importers, brokers, and filers on submitting entries to CBP are set out below.
• In addition to reporting the regular Chapters 39, 40 and 56 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.41 (Articles the product of China, as provided for in U.S. note 20(tt) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion).
• Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.41 is submitted.
ADDITIONAL INFORMATION
Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.
Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required).

A section of the Annex with the excluded HTS codes can be accesed here:
Section 301 ANNEX 99038841.docx and is noted below:

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 24, 2018, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified:
1. by inserting the following new heading 9903.88.41 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, and “Rates of Duty 1-General”, respectively:

Heading/ Subheading	Article Description	Rates of Duty
		1		2
		General	Special
“9903.88.41	Articles the product of China, as provided for in U.S. note 20(tt) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative . . . . . . . . . . . . . . . . . . . . .	The duty provided in the applicable subheading”

by inserting the following new U.S. note 20(tt) to subchapter III of chapter 99 in numerical sequence:

“(tt) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.03 and provided for in U.S. notes 20(e) and (f) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.03. See 83 Fed. Reg. 47974 (September 21, 2018) and 84 Fed. Reg. 29576 (June 24, 2019). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.03 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

1)         3923.21.0030
2)         3923.21.0095
3)         3926.20.9050
4)         4015.19.1010
5)         5603.12.0090

by amending the last sentence of the first paragraph of U.S. note 20(e) to subchapter III of chapter 99:

by deleting the word “or” where it appears after the phrase “U.S. note 20(qq) to subchapter III of chapter 99;”

and

by inserting the phrase “; or (10) heading 9903.88.41 and U.S. note 20(tt) to subchapter III of chapter 99” after the phrase “U.S. note 20(ss) to subchapter III of chapter 99”.

by amending U.S. note 20(f) to subchapter III of chapter 99;

by deleting the word “or” where it appears after the phrase “U.S. note 20(qq) to subchapter III of chapter 99;”; and
by inserting the phrase “; or (10) heading 9903.88.41 and U.S. note 20(tt) to subchapter III of chapter 99” after the phrase “U.S. note 20(ss) to subchapter III of chapter 99”.

by amending the Article Description of heading 9903.88.03:

by deleting “9903.88.38 or” and inserting “9903.88.38,” in lieu thereof; and

b. by inserting “or 9903.88.41,” after “9903.88.40,”.

Best regards
Gemini Shippers Group