Monday Morning eBriefing

A summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable.

The Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule, effective Sept. 30, relaxing license requirements and reducing unnecessary regulatory burdens on Americans and the industry. This rule rescinds a previous interim final rule published on April 30, 2024, which expanded controls and license requirements for firearms.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., highlight the Trump Administration’s imposition of additional Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and the Sept. 30 expiration of the African Growth and Opportunity Act and the Haiti HELP/HOPE. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

Customs and Border Protection (CBP) on Sept. 30 updated the ACE Secure Data Portal to support electronic refund transactions, in accordance with Executive Order 14247. The enhancements enable authorized trade users to provide U.S. bank information in the ACE Portal, facilitating electronic refunds from CBP via Automated Clearing House (ACH), the agency said.

Customs and Border Protection (CBP) on Oct. 3 provided the trade with the key requirements for the new fees to be applied to vessels owned, operated, or built in China, and for all foreign-built vehicle carrier vessels, effective Oct. 14.

NCBFAA encourages Members to routinely check our special Member-Only Government Shutdown Resources webpage for updates and announcements which are added as soon as they are received from Customs and Border Protection (CBP) and Partner Government Agencies (PGAs).

Customs and Border Protection (CBP) officials said during an Oct. 1 call with the trade that the agency is currently “open for business” during the government shutdown and the ports of entry are fully staffed and operational to clear cargo and perform other trade-related functions.

The Food and Drug Administration (FDA) announced Oct. 3 that it will require import certification for shrimp and spices from certain regions of Indonesia, based on the risk of potential contamination of the food with Cesium-137, effective Oct. 31. This represents the first use of this Congressional authorized tool to address ongoing food safety problems.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome Aspenview Technology Partners, Capital 4 Trade, CAX US Customs Brokers, and JND Customhouse Broker, which have recently joined our association. We're so excited to have these firms join our organization and we are happy to assist in any way we can!

Effective Sept. 30, the Alcohol and Tobacco Tax and Trade Bureau (TTB) announced it will cease issuing paper checks for disbursements, including tax refunds and drawback, as directed in Executive Order 14247. This includes importers who receive tax benefits for imported alcohol under the Craft Beverages Manufacturing Act (CBMA).

Customs and Border Protection (CBP) has announced the launch of a new Customs Trade Partnership Against Terrorism (CTPAT) pilot program for Third-Party Logistics Providers (3PLs). This initiative, authorized under the Customs Trade Partnership Against Terrorism Pilot Program Act of 2023, will open the door for 3PLs to participate in CTPAT.

The Commerce Department’s Bureau of Industry and Security (BIS) published on Sept. 30 an Interim Final Rule updating the Export Administration Regulations (EAR) to include an Affiliates Rule to address diversion concerns involving certain restricted parties. Under this new rule, BIS adopts the 50% rule that the Office of Foreign Assets Control (OFAC) uses for the Specially Designated Nationals and Blocked Persons List (SDN List).

A summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg.

Customs and Border Protection (CBP) said in a Sept. 26 message that when ACE air manifest filers choose to include an HTS code, it should be reported in the free-text cargo description field. If air manifest filers submit the CBP Shipment Description (CSD) to opt to provide the applicable HTS code for a manifest filing, then ACE requires filers to provide the shipment “Declared Value” and “ISO Country Code” for all shipment types.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will monitor the Trump administration’s Oct. 1 implementation of significant tariffs on imports of pharmaceuticals, furniture, and heavy truck imports, as well as ongoing Customs and Border Protection (CBP) IEEPA tariff guidance related to the U.S.-EU trade deal and replacement Chapter 99 HTSUS duty classifications on certain imports of member countries of the EU, Japan, and the United Kingdom.

Customs and Border Protection (CBP) said quarterly Internal Revenue Service (IRS) interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same from the previous quarter, effective Oct. 1.

The National Marine Fisheries Service (NMFS) on Sept. 26 issued a message to the trade to inform of an updated list of designated officials from the Government of Mexico to sign Certifications of Admissibility (COAs) for certain seafood products imported into the U.S.

The USDA Agricultural Marketing Service (AMS) issued a message to inform industry of a filing update related to pistachios. AMS monitors the aflatoxin sampling and testing of raw and blanched, shelled and inshell pistachios under HTS codes 0802.52.0000 and 0802.51.0000. These products must be filed under the MO5 message set.

Customs and Border Protection (CBP) said it has extended the Document Image System (DIS) for filing the outbound cargo declaration until Dec. 1, calling it the “final extension” to provide carriers, NVOCCs, and vessel agents time to transition to the EEM pilot.

The Food and Drug Administration (FDA) Supplemental Guide (SG) draft version 2.6 on Sept. 25 was posted in the "Draft Chapters: Future Capabilities" section of CBP.gov. Customs brokers are recommended to review the change log in the document for the specific changes, the agency said.