Monday Morning eBriefing

The reinstated superfund excise tax on certain chemical substances imported into the U.S. will take effect July 1 and last through Dec. 31, 2031, if not extended. The tax was reinstated in the 2021 Infrastructure Investment and Jobs Act.

The NCBFAA Transportation Committee’s Logistics Subcommittee is regularly collecting data on the nation’s rail delays and port congestion that are impacting the supply chain and your business operations.

Would you spend thousands of dollars to attract top talent, but squander the opportunity to shape and retain them as employees?

The ports of Los Angeles and Long Beach have continued to postpone their “Container Dwell Fee,” and said they will reconsider its possible imposition on July 1.

NCBFAA will soon open registration for the 2022 Government Affairs Conference (GAC) to be held at the Hyatt Regency Washington on Capitol Hill on Sept. 18-20. Mark your calendar!

The NCBFAA Regulatory Agencies Committee (RAC) continues to work with the USDA’s Animal and Plant Health Inspection Service (APHIS) to promote the use of e-Phyto certificates by the trade. We heard promising news from APHIS that since the RAC began collaborating with the agency in February, the number of e-Phyto certificate numbers referenced in the PGA Message Set has skyrocketed – from 477 in the first quarter to 5,932 so far in the second quarter! Even though this is just a start, APHIS was pleased with this outcome.

President Biden on June 16 signed the Ocean Shipping Reform Act of 2022 (OSRA 22) into law. The House of Representatives on June 13 passed the Senate version (S.3580) of the Ocean Shipping Reform Act of 2022 (OSRA 22) by a vote of 369-42.

Customs and Border Protection (CBP) released guidance to assist the trade with preparing for the implementation of the Uyghur Forced Labor Prevention Act (UFLPA) rebuttable presumption that will take effect June 21.

The Federal Maritime Commission (FMC) has established three new initiatives that the agency said will provide enhanced assistance to shippers, continue to improve legal and regulatory compliance of regulated entities, and focus on remedies to supply chain problems.

NCBFAA will soon open registration for the 2022 Government Affairs Conference (GAC) to be held at the Hyatt Regency Washington on Capitol Hill on Sept. 18-20. Mark your calendar!

Congress recently clarified that e-cigarettes and other non-tobacco nicotine products must comply with FDA regulations applicable to tobacco products. Starting May 14, manufacturers were required to submit a premarket application to FDA to receive authorization to market their product.

The ports of Los Angeles and Long Beach have continued to postpone their “Container Dwell Fee,” and said they will reconsider its possible imposition on June 24.

In CSMS #52176791, the Environmental Protection Agency (EPA) informed the trade that a new Form 3540-1 Notice of Arrival for Pesticides is now in effect. The updated form clarifies the existing elements and instruction. No new data elements are added.

The Federal Maritime Commission (FMC) on June 8 approved a settlement agreement between its Bureau of Enforcement (BoE) and Hapag-Lloyd AG where the ocean carrier will pay a $2 million civil penalty to address alleged violations related to their detention and demurrage practices.

The Food and Drug Administration (FDA) Division of Northern Border Imports (DNBI) on June 30 (1-2:15 p.m. ET) will hold a virtual outreach presentation that will cover the topics of Foreign Supplier Verification Program (FSVP) Essentials for Filers and ITACS Messaging.

The FDA is alerting importers and brokers that the deadline for providing DUNS numbers for food facilities is drawing near. Letters to the trade warn that, at the end of this year, the FDA will begin matching the name and address associated in the DUNS number with the name/address/DUNS number in the FDA food facility registration. Mismatches will trigger the entry to be rejected.

Every customs broker knows that interacting with Partner Government Agencies (PGAs) can be the most challenging part of their job. The PGA data requirements are often demanding. And, on top of that, there are just so many agencies!

The Food and Drug Administration (FDA) announced the completion of a 90-day pilot project to conduct drug entry reviews on a national basis with expanded staffing on a 24/7 basis.

Here is a summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable: