Monday Morning eBriefing

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 Feb. 25.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome the following members who have recently joined our association:

The Department of Homeland Security (DHS), in lockstep with the Cybersecurity and Infrastructure Security Agency (CISA), FBI, and the National Security Agency (NSA), is urging U.S. infrastructure operators and air transport providers to protect themselves against the possible increase in cyberattacks.

Some of you may occasionally receive questionable electronic communications which are believed to be part of phishing schemes. Always ignore and delete these communications!

Customs and Border Protection (CBP) in a message to the trade on Feb. 9 said CBP ports are encouraged to consider maximum flexibility to ensure that legitimate cargo is processed as a Canadian trucker strike are expected to continue impacting key Northern Border crossings into early this week.

During this past week, the U.S. Government activated various enforcement agencies to do “boots on the ground” outreach to the trade, including freight forwarders. This has consisted of onsite visits, calls, and follow-up emails.

NCBFAA on March 10 responded to a Department of Homeland Security (DHS) notice requesting comments regarding methods to prevent imports into the U.S. of goods mined, produced, and manufactured in China using forced labor, especially from the Xinjiang Uyghur Autonomous Region. The DHS request for comments was facilitated by the Uyghur Forced Labor Prevention Act (UFLPA) and the U.S. government’s Forced Labor Enforcement Task Force (FLETF).

It has come to NCBFAA’s attention that some of our members (particularly our smaller members) are encountering attempts by ocean carriers to amend, alter or otherwise deviate from agreed-to terms and conditions in valid service contracts. We understand in some cases, carriers are seeking to cancel existing contracts, as well.

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.

The just-passed omnibus spending bill includes a small but important feature: a provision to add $250 million for the USDA’s Agriculture Quarantine Inspection (AQI) program. USDA APHIS collects the AQI fees which are then used to pay for the CBP agriculture inspectors. The last-minute emergency request for funds from USDA was the result of a shortfall in fee collections due to reduced trade and travel during the pandemic. The additional funds will keep the AQI going through FY2023.

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:

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.

The Ex Works Watchdog keeps clients informed about the issues facing airport and seaport truckers.

For imported merchandise where Internal Revenue Tax (IRT) was paid to Customs and Border Protection (CBP), any related IRT drawback claim calculations must reflect IRT refunds paid by the Tobacco Tax and Trade Bureau (TTB), CBP said.

Customs and Border Protection (CBP) announced the selection of 15 stakeholders to participate in its Reimbursable Services Program (RSP), as provided for under Section 481 of the 2002 Homeland Security Act.

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 Feb.18.

The NCBFAA Export Compliance Subcommittee has previously reported that all the HTS and Schedule B codes in 15 CFR 746 Supplement #4 now require licenses. We have since received further clarification from the Commerce Department’s Bureau of Industry and Security (BIS) which advises that only the products covered by the product descriptions on the chart need licenses. The agency’s intention was not to include all products that could fall into the HTS or Schedule B categories. BIS advises that this clarification will be included in forthcoming FAQs.

The Food and Drug Administration (FDA) is launching the National Drug Entry Review Pilot, starting March 13, to conduct entry reviews of drug shipments on a national basis, rather than the current port-by-port entry review approach. Entry review staff for drug entries will operate on a 24/7 basis, covering all 336 ports of entry. The pilot will continue for 90 days.

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!

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