topofmmebMarch 20, 2017


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oneFREE NCBFAA Member Benefit Gets Better and Our FREE Webinar Tells You How!


NCBFAA and its partner, Ex Works, Inc., are hosting a free webinar, Thursday, March 23 from 1 to 2 p.m. to review its "free to NCBFAA Regular Members" benefit, the Comply Directory, and highlight its newest service, Ex Works Trucking Quote Feature. With the free NCBFAA Comply Directory you can access critical financial and regulatory information on truckers like Current Insurance Certificates, Safety Ratings, a Motor Carrier's Operating Authority and other TSA related data.


If you've been looking for a way to compare rates in your area and other areas or looking to vet truckers you don't want to miss this webinar! Learn more about this outstanding benefit and join us along with Gregg Borgeson, Ex Works, Inc., for more ways to maximize your savings and ensure compliance to keep trade moving.


For more information about NCBFAA's Comply Directory (ExWorks) or the upcoming webinar, please contact Shanette Cobbs, Membership Development Coordinator or simply follow this link & sign up to have access to information on more than 6,500 cartage & drayage companies.


  • To log into the NCBFAA Comply Directory
  • Go to or click on the link in the middle of the NCBFAA home page.
  • Use your NCBFAA login credentials to log in.


Start vetting your truckers! Contact: Gregg Borgeson, Ex Works, Inc.


Sign-up now for the Ex Works Quote Feature Webinar on March 23, 2017 from 1 to 2 p.m. EST; let us help you Re-Discover NCBFAA in 2017.


"Compliance shouldn't be a competitive advantage. The role of the Association is to help you level the playing field with FREE truck vetting as a member benefit" -Geoff Powell, NCBFAA President.

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Last Chance
twoCBP Offering Free Simplified Processes Initiative Webinar


The Simplified Processes Initiative (SPI) is an initiative to develop a transformation strategy to optimize the process of importing goods through collaboration with the Trade and CBP. Click here to view a summary of the information that presenter Randy Mitchell, Director, Commercial Operations and Entry Division, Office of Trade, Trade Policy and Programs will cover during this free webinar on March 24 from 4 to 4 p.m. ET.

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threeDon't Miss Your Chance to Join Us in New Orleans, LA


Less than two weeks until the 2017 NCBFAA Annual Conference, The Future Is Here Orleans, Where Are You?, April 2-5 at the Hilton Riverside in New Orleans, LA.


 The Exhibitor MarketPlace is sold out, the program schedule is all set, the speakers and panelists are putting the finishing touches on their presentations, the meals are all planned, the entertainment has been booked, and hundreds of your colleagues are preparing to join us for the transportation event of the year.


If you are not one of them there is still time to register, book a flight, get a room, and avoid missing out on an incredible educational and networking experience that this year has attracted nearly 100 first time ever attendees. Most of them heard from co-workers who had attended what a terrific learning opportunity the NCBFAA Conference provides and decided to take advantage of it this year. Why not you?


Take a minute to look over the program. Whether your focus is custom brokerage, freight forwarding, air cargo, legislative or regulatory issues, you are almost guaranteed to find something in your wheelhouse that will help you when you return to the office. Along with the new and useful knowledge you will glean from your participation, there are numerous social networking events where you will meet fellow professionals with whom you can discuss and learn.


Along with the many enlightening sessions and panel discussions, the Exhibitor MarketPlace offers up a cornucopia products and services to facilitate the efficient operation of your business. Participating vendors represent a vast range of services including legal, technical, personnel, surety, regulatory, and many others.


We believe you will find your time at this year's conference will be well spent and will mark your calendar for next year's gathering from April 29-May 3, 2018, in Palm Springs, CA.


The NCBFAA wishes to especially thank these companies who have so generously provided the 2017 Annual Conference with sponsorship funding.


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fourNCBFAA ALERT: Critical Information for Your Food Importing Clients!


Starting May 27, 2017, the FDA will begin implementing the FDA's Food Supplier Verification Program (FSVP).


What is FSVP?


A central feature of the Food Safety Modernization Act (FSMA), the FSVP is intended to be a flexible, risk-based program to verify foreign suppliers and the safety of the food they produce. FSVP will require:


  • Identification of the "FSVP importer" for food products imported into the U.S.
  • The FSVP Importer is responsible for establishing foreign supplier verification programs to verify that that their foreign suppliers are using safe processes and procedures and that the food is not adulterated or misbranded.


As it now stands, the FSVP Importer must be identified on ACE entry documents after May 27. As for importer responsibilities to verify foreign suppliers, we expect the FDA will do "soft" compliance initially, recognizing that this is a major change for importers. Nevertheless, each importer must determine if he is the FSVP Importer (and, if not, who is) so they can begin efforts to verify foreign suppliers.


Who Is the FSVP Importer?


The FSVP Importer might be, but is not necessarily, the same party as the Importer of Record. The FSVP importer must be a U.S. party with a direct financial interest in the food product. Specifically, the FSVP Importer is:


  • the U.S. owner or consignee of the product
  • if there is no U.S. owner or consignee at the time of entry, the foreign owner of the food must appoint a U.S. agent who will be responsible for ensuring that supplier verification activities are conducted for each food product imported. The FSVP agent must be designated in a written document with signed consent by the agent. The FSVP agent should not be confused with the agent for food facility registration. They serve separate and distinct roles.


The FDA defines U.S. owner/consignee as the person who, at the time of entry, owns the food, has purchased the food, or has agreed in writing to purchase the food.


What Is Required of Customs Brokers?


For customs brokers, this means that, after May 27, for each line entry of food product offered for import into the U.S., the name, contact info, DUNS # and FDA registration number of the FSVP Importer must be provided in ACE at the time of entry.


Steps To Take Now


  1. Notify your food importer clients to make sure they are aware of FSVP. Many food-related associations have been educating their members on the specific details of the FSVP. But some of your clients may not yet be aware. Attached is information that may be helpful to your clients. In addition, useful information can be found here and the final rule is here.  
  2. Discuss with your clients the need to identify the FSVP Importer and provide you with the FSVP Importer's contact information, DUNS # and food facility registration number. If the Importer of Record is the US owner or consignee, he is by definition the FSVP Importer. (Customs brokers, warehouses or other similar intermediaries are not considered by FDA to be the FSVP Importer because they are not an owner or consignee and do not have a direct financial interest in the food product).
  3. If the owner of the food product is not a U.S. person, then the foreign owner can designate a U.S. agent, with the agent's consent in writing, who will then become the FSVP Importer responsible for ensuring that supplier verification activities are conducted for each food product imported. This is not a passive role, but requires affirmative steps to ensure that supplier verification by a qualified individual takes place. A number of FSVP-oriented consultants are available to assume this role.
  4. Explain that the FSVP Importer can establish his own internal program to verify the suppliers, using an in-house "qualified individual," or he can use a third-party entity qualified to assist with the verification. While the FDA allows flexibility in determining how to verify depending on the circumstances, it is very clear the program must be rigorous enough to assure that imported food is safe. For example, the FDA identifies the following as examples of verification activities: onsite auditing, sampling and testing of a food, review of the foreign supplier's relevant food safety records, and other activities that are appropriate based on the evaluation of the risk posed by the food and foreign supplier performance.  
  5. Some food products are exempt (juice under HACCP, seafood, alcoholic beverages, among others). And, since Canada and New Zealand are recognized as having food safety systems comparable to the US, the verification activities for foods produced in Canada or New Zealand are greatly reduced. Yet, the FSVP Importer will still need to be identified in ACE at entry.  
  6. Talk with your software vendor about programming changes needed for you to submit the FSVP Importer information in ACE.

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fiveNCBFAA Engagement Benefits Members


The NCBFAA is noted for its deep bench of dedicated industry volunteers who, in addition to their demanding day jobs, find time in their schedules to serve the Association and its members. Their active involvement with regulators, legislators and others in the discussions and debates surrounding issues of concern to our industry ensures that our voice is heard and our interests represented.


Last week, NCBFAA President Geoffrey Powell met in Los Angeles with Pacific Coast Council Chair and COAC Co-Chair Vince Iacopella to discuss ACE, TFTEA, Section 321 and 111 Broker Regulations.


President Powell along with NCBFAA Customs Committee Chair Mary Jo Muoio and NCBFAA Chairman Darrell Sekin also participated in a COAC 321 Working Group call with other members of the trade and government. 


This week President Powell along with Committee Chair Muoio and Chairman Sekin will be in Washington, DC for a workshop with the COAC subcommittee on eCommerce specifically related to Section 321. The eCommerce Subcommittee includes NCBFAA Vice President Amy Magnus and NCBFAA Customs Committee member Cindy Allen.


The NCBFAA Executive Vice President Megan Montgomery also participates in extensive member outreach and support. Last week she participated in several industry teleconferences including an NCBFAA Regulatory Agencies Committee call regarding the FDA's Food Supplier Verification Program (FSVP), an NCBFAA Customs Committee call, and CBP's ACE call with the trade.


This week she is meeting with the Association of Women in International Trade (WIIT), hosting a webinar to introduce the new Ex Works Trucking Quote Feature, and participating in CBP's weekly ACE call with the trade as well as the Border Interagency Executive Council (BIEC) call.


This is just a sampling of the numerous ongoing interactions occurring nationally and internationally as the NCBFAA works to mobilize its volunteer cadre of subject matter experts on behalf of the Association's members.

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sixBorder Security Figures High In Trump Budget


The Trump Administration released its preliminary FY2018 budget blueprint. DHS was one of the few agencies to see an increase, in a budget that calls for often steep cuts in government spending. The blueprint shows a 6.8 percent increase for DHS, including hikes in spending for cybersecurity protection, expanded detention and removal of illegal immigrants, hiring 500 new border patrol agents and 1,000 ICE agents and staff, and funds to build a wall along the southern border. CBP's budget, which we are most interested in, was not included in the highlights of the budget blueprint released this past week. More detailed information is expected in May.

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sevenThis Week's ACE Tips


  • Establishing Multiple ACE Portal Accounts For a Single Company - If your company has multiple locations, different divisions or various business activities with CBP, please confirm that another member of your organization has not established an ACE Secure Data Portal account before submitting a new account application to CBP. The ACE Portal was designed to support different account structures with multiple views. Establishing multiple ACE Portal Accounts for a single company can prevent a user from being able to add a new business entity to their existing account if a company's identifier code is already associated in a different ACE Portal account. If multiple ACE Portal Accounts exist within your organization, CBP is encouraging users to consider merging the multiple accounts into a single ACE Portal Account. For more information about merging ACE Portal Accounts, please review the "Merging ACE Accounts" user guide. If you have additional questions, please contact ACE Support at 1-866-530-4172, press options 1, and then 2. You may also send an email to
  • New and Updated ACE and PGA Information Now Available - CBP has recently published and posted new ACE and Partner Government Agency (PGA) information via the Cargo Systems Messaging Service (CSMS) and on The newly published information includes:
    • February 2017 ACE Monthly Trade Update (AMTU) - This month's AMTU includes information on the next ACE Deployment, ACE Portal, new and updated ACE PGA documentation, plus much more.
    • ACE PGA Filing Status - This document provides the filing status and points of contact for the PGAs, and was updated to clarify where PGA data is available to be filed through ACE.

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eightUpcoming NEI Webinar



  • NEI Presents HTS Classification - Tariff classification is an area of high exposure for importers. This webinar will help you understand and classify your items under the harmonized tariff schedule. During this April 19 webinar 1 to 2 p.m. ET and presented by Olga Torres of Torres Trade Law, you will learn to:
    • Develop classification strategies
    • Master legal classification concepts
    • Structure of the HTS
    • Best strategies to ensure classification compliance

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nineFMC Establishes Regulatory Reform Task Force


Acting FMC Chairman Michael A. Khouri designated the agency's Managing Director, Karen V. Gregory, to serve as Regulatory Reform Officer.


Ms. Gregory will stand up a Regulatory Reform Task Force that will work to identify burdensome, unnecessary, and outdated directives and recommend how they should be remedied.


"Relief from regulatory requirements that have outlived their usefulness is one of the easiest contributions the Federal Maritime Commission can make to increased efficiencies and creating economic benefits," said Acting Chairman Khouri. "The positive response from what the Commission ordered recently in terms of creating more realistic filing requirements for service contract amendments demonstrates the benefits that can be achieved from simply asking 'is there a better way to do this?'"


The designation of a Regulatory Review Officer and establishing a Regulatory Reform Task Force is consistent with the intent of the Executive Order issued by President Donald J. Trump on February 24, 2017, the deregulatory spirit of the Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998, and agency regulatory review initiatives ongoing since November 4, 2011.

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tenFlorida Firm Fined $27 Million for Export Violations


BIS has reached a $27 million civil settlement with Access USA Shipping, LLC (Access USA), of Sarasota, Florida, to settle allegations that it committed violations of the Export Administration Regulations (EAR).


Access USA settled 129 counts of evasion, 17 counts of exporting or attempting to export crime control items without the required license, and 4 counts of exporting or attempting to export to a sanctioned entity on the BIS Entity List without the required license. $17 million dollars of the penalty was suspended for a two-year probationary period. They illegally shipped rifle scopes, night vision lenses, weapons parts, and EAR99 items.


"I am very proud of the work that our Bureau of Industry Security continues to do in defense of our laws and our national security," said Secretary Ross. "I've said it before - the games are over, and the work of these agents will be more important than ever as we bring new energy to the enforcement of our trade laws."


Access USA, a Florida-based mail and package forwarding company, provided foreign customers with a US physical address and a "suite" - designated space at its warehouse facilities - for items purchased from United States merchants that were ultimately intended for export. Customers could have such items, which included rifle scopes, night vision lenses, weapons parts, and EAR99 items, delivered to Access USA's Florida facilities while concealing from those merchants the fact that the items were destined for export, thus avoiding the necessary scrutiny.


Item descriptions were altered and merchant invoices removed in order to avoid detection by the U.S. Government and law enforcement. Access USA thereafter exported those items without regard for its export control and compliance obligations, including its recordkeeping obligations, and without regard for the lawfulness of the shipment, the accuracy of the information conveyed to customs and law enforcement authorities, or the need to first obtain a license where one was necessary. Access USA routinely undervalued, misrepresented, and evaded regulatory requirements for items intended for export using multiple different schemes.


"BIS imposed a substantial penalty in this case after Access USA's efforts to circumvent U.S. export regulations," said Robert Luzzi, Special Agent in Charge of Commerce's Office of Export Enforcement Miami Field Office. "We will continue to work with our law enforcement partners to identify, deter, and prevent any suspected violations."


The Office of Export Enforcement investigated this case along with Homeland Security Investigations and the U.S. Attorney's Office for the Middle District of Florida. Access USA entered into a non-prosecution agreement with the U.S. Attorney's office covering the same conduct.

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elevenCalendar of Events 2017


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Please distribute this Monday Morning eBriefing to key people in your main and branch offices. The Monday Morning eBriefing is compiled by NCBFAA officers and staff; Customs Counsel Alan Klestadt, Esq; Washington Representative Jon Kent, Esq; Transportation and General Counsel Edward Greenberg, Esq; and Cindy Thomas, Esq. Questions? Send e-mail to

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