Washington Newsline

Apr 28

0

Federal Maritime Commission Issues New Guidance on Detention & Demurrage

By Gemini Shippers Group | Washington Newsline | No Comments

Commission Issues New Guidance on Detention & Demurrage

Posted April 28, 2020

The Federal Maritime Commission has issued new guidance about how it will assess the reasonableness of detention and demurrage regulations and practices of ocean carriers and marine terminal operators (MTOs) under 46 U.S.C. 41102(c).

The final rule, “Docket No. 19-05, Interpretive Rule on Demurrage and Detention under the Shipping Act”, will become effective upon its publication in the Federal Register.

Under the new interpretive rule, the Commission will consider the extent to which detention and demurrage charges and policies serve their primary purpose of incentivizing the movement of cargo and promoting freight fluidity.  The rule also provides guidance on how the Commission may apply that principle in the context of cargo availability (and notice thereof) and empty container return.

The Commission may also consider in assessing the reasonableness of detention and demurrage practices factors related to:

• Content and clarity of carrier and MTO policies addressing detention and demurrage.
• Clarity of carrier and MTO detention and demurrage terminology.

The final rule adds two provisions that were not included in the proposed rule published in September 2019.  The first clarifies that the guidance in the rule is applicable in the context of government inspections. The second clarifies that the rule does not preclude the Commission from considering additional factors, arguments, and evidence outside those specifically listed.

This final interpretive rule is the culmination of a process initiated by a petition (Petition P4-16) submitted to the Commission in December 2016 by a coalition of shipper groups.  In the intervening period, the FMC held public hearings in January 2018; initiated a Fact Finding Investigation in March 2018 led by Commissioner Rebecca Dye (Fact Finding 28); and issued a proposed rule in September 2019.

 

Apr 23

2

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 21

0

CSMS #42439611 – CBP processes for the Federal Emergency Management Agency (FEMA) Exemptions from the Temporary Final Rule (TFR) Published in the Federal Register on April 10, 2020.

By Gemini Shippers Group | Washington Newsline | No Comments

CSMS #42439611 – CBP processes for the Federal Emergency Management Agency (FEMA) Exemptions from the Temporary Final Rule (TFR) Published in the Federal Register on April 10, 2020.

On April 21, 2020, the Federal Emergency Management Agency (FEMA) published in the Federal Register a notice of exemptions from the allocation order issued through a Temporary Final Rule (TFR) published on April 10, 2020.  The intent of the allocation order is to ensure that materials subject to the Presidential Memorandum (PM) regarding allocating certain scarce or threatened personal protective equipment (PPE) materials (covered materials) remain in the United States for use in responding to the spread of COVID-19, and to prevent domestic brokers, distributors, and other intermediaries from diverting such covered materials overseas.

Covered materials are defined in the FRN which can be found at https://www.federalregister.gov/documents/2020/04/21/2020-08542/prioritization-and-allocation-of-certain-scarce-or-threatened-health-and-medical-resources-for and may be summarized as:

• N-95 Filtering Facepiece Respirators,
• Other Filtering Facepiece Respirators (N99, N100, R95, R99, R100, or P95, P99, P100),
• Elastomeric, air-purifying respirators and appropriate particulate filters/cartridges;
• PPE surgical masks,
• PPE gloves or surgical gloves,

Pursuant to the allocation order, FEMA may review shipments of covered materials and, subject to certain exemptions, determine whether to (1) purchase some or all of the shipment through a Defense Protection Act priority-rated order, (2) return some or all of the shipment for domestic use, or (3) allow some or all of the export to proceed.

Covered materials that are being exported and that fall into one or more of the exemptions described below may proceed immediately for export as scheduled.

1. Shipments to U.S. Commonwealths and Territories, Including Guam, American Samoa, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Including Minor Outlying Islands).
2. Exports of covered materials by non-profit or non-governmental organizations that are solely for donation to foreign charities or governments for free distribution (not sale) at their destination(s).
3. Intracompany transfers of covered materials by U.S. companies from domestic facilities to company-owned or affiliated foreign facilities.
4. Shipments of covered materials that are exported solely for assembly in medical kits and diagnostic testing kits destined for U.S. sale and delivery.
5. Sealed, Sterile Medical Kits Where Only a Portion of the Kit is Made Up of One or More covered materials That Cannot be Easily Removed Without Damaging the Kits.
6. Declared diplomatic shipments from foreign embassies and consulates to their home countries.  These may be shipped via intermediaries (logistics providers) but are shipped from and consigned to foreign governments.
7. Shipments to Overseas U.S. Military Addresses, Foreign Service Posts (e.g. Diplomatic Post Offices), and Embassies.
8. In-Transit Merchandise:  Shipments in Transit through the United States with a Foreign Shipper and Consignee, Including Shipments Temporarily Entered into a Warehouse or Temporarily Admitted to a Foreign Trade Zone.
9. Shipments for Which the Final Destination is Canada or Mexico.
10. Shipments by or on behalf of the U.S. Federal Government, including its Military.

In addition, the export of covered materials from shipments made by or on behalf of U.S. manufacturers with continuous export agreements with customers in other countries since at least January 1, 2020 are exempt, so long as at least 80 percent of such manufacturer’s domestic production of such covered materials, on a per item basis, was distributed in the United States in the preceding 12 months.  FEMA and CBP are working to establish a process to identity the manufactures that qualify for this exemption.

In order to qualify for exemptions 2, 3, 4, 8, and 9, FEMA requires a letter of attestation, submitted via the document imaging system (DIS).  For these exemptions, the exporter, shipper or their agents should present the letter via DIS, on company letterhead, signed by a responsible company official, including:

• a description of which exemption(s) the exporter is claiming;
• details regarding the shipment that are sufficient for the CBP and FEMA officials to determine whether the shipment falls under the claimed exemption(s), including the required information identified in the Federal Register notice published on April 21, 2020;
• a statement that the provided information is true and accurate to the best of the exporter’s knowledge, and that the exporter is aware that false information is subject to prosecution under the DPA, as outlined in the allocation order.

Regarding exemption 9, the letter of attestation must state that the covered materials are for use in Canada/Mexico, and will not be transshipped through those countries and for exemption 8 it largely applies to goods temporarily entered into a bonded warehouse or Foreign Trade Zone with the intent to leave the US.

In order to avoid detention of shipments, letters should be uploaded in DIS at the same time as the Electronic Export Information (EEI) is transmitted in the Automated Export System (AES).

When submitting to DIS, filers have the following options to transmit:

1. Electronically through secure web services, file transfer protocol, or messaging queue.
2. By Email to docs@cbp.dhs.gov

Successful submissions will receive an automated ‘submission status email’ indicating Success or Failure.  Technical guidelines for electronic or e-mail submission are available at www.cbp.gov/ace-dis

For questions about the process or specific shipment issues contact utilize the COVID—19 Exports Intake at https://imports.cbp.gov/s/.  Select the Export Cargo Hold/Facilitation Assistance button.

Apr 02

2

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

1

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

1

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

1

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.

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 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.

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 26

1

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

2

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.

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 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.

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

1. 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:
2. 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”

 

1. 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:

 

1. Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (described in statistical reporting number 3926.90.9990)
2. Disposable graduated medicine dispensing cups of plastics (described in statistical reporting number 3926.90.9990)
3. 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)
4. 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)
5. 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)
6. 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)
7. Disposable shoe and boot covers of man-made fiber fabrics (described in statistical reporting number 6307.90.9889)
8. 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)
9. Face masks, single-use, of textile fabrics (described in statistical reporting number 6307.90.9889)
10. 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)
11. Hot packs of textile material, single-use (exothermic chemical reaction) (described in statistical reporting number 6307.90.9889)
12. Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889)
13. Patient restraint or safety straps of textile materials, with hook-and-loop or ladder lock fasteners (described in statistical reporting number 6307.90.9889)
14. Single-use blood pressure cuff sleeves of textile materials (described in statistical reporting number 6307.90.9889)
15. Single-use medical masks of textile material (described in statistical reporting number 6307.90.9889)
16. Single-use stethoscope covers (described in statistical reporting number 6307.90.9889)
17. Woven gauze sponges of cotton in square or rectangular sizes (described in statistical reporting number 6307.90.9889)
18. Electromechanical shoe cover dispenser, of steel (described in statistical reporting number 8479.89.6500)
19. 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”.

1. 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

2

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

 

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