Monday Morning eBriefing

The Federal Maritime Commission (FMC) on April 8 issued an Advanced Notice of Proposed Rulemaking (ANPRM) seeking comments regarding carrier (1) pass-through charges, and (2) tariff access fees. The ANPRM is a part of the FMC's initiative to review existing regulations to determine whether they are outdated, unnecessary, or ineffective. Specifically, the FMC is seeking comments on how non-vessel operating common carriers (NVOCCs) apply pass-through charges under their tariffs, and the reasonableness of certain tariff access fees. The FMC is seeking public input prior to determining whether to change its carrier tariff regulations.

The Consumer Product Safety Commission (CPSC) implemented its One U.S. Government Messaging System at Import (1USG) to all the trade on March 22. The 1USG Messaging for the first time allows two-way messaging between CPSC, CBP and the trade. For the most part, the roll-out has been smooth. Yet, the process has caused some confusion in the trade. NCBFAA is working with CPSC and CBP to clarify any points of confusion. Please contact RAC@ncbfaa.org if you have questions or have experienced issues with CPSC's new process.

NCBFAA congratulates Daniela Piperno as this year's annual scholarship recipient.

Customs and Border Protection (CBP), as expected, deployed the Craft Beverage Modernization and Tax Reform Act (CBMA) enhancements to the Automated Commercial Environment (ACE) on April 6.

The Transportation Security Administration (TSA) has advised the air cargo industry that the Indirect Air Carrier Management System (IACMS) is incorporating new functionality for the upcoming Secure Packing Facility (SPF) addition.

The Food and Drug Administration (FDA) is stepping up enforcement of its Food Supplier Verification Program (FSVP) for imported products, with an increasing number of inspections and warning letters to importers citing FSVP failures. The FDA is conducting both remote and on-site inspections. Many of the FSVP inspections involve remote inspection of electronic records. Typical violations found by FDA include:

Customs and Border Protection (CBP) on March 29 posted the final versions of the PGA Message Set and Appendix PGA under the "PGA Message Set Documents" section of its website.

During the 2020 Biennial Registration Renewal for Food Facilities, the Food and Drug Administration (FDA) required facilities to obtain a DUNS number as a part of the registration. As the Dec. 31 deadline for renewal approached, many facilities were experiencing difficulty obtaining a DUNS number for the facility location. In response to concerns from the trade, the FDA issued guidance on Dec. 1, 2020, allowing registrants to enter "PENDING" in the field where the Identifier is required, so long as the registration is updated with the DUNS number in 90 days. The Unique Identification Number (UFI) field has been added to Section 2 of Form 3537, Food Facility Registration.

The Biden Administration on March 29 has designated Commissioner Daniel B. Maffei as the next chairman of Federal Maritime Commission (FMC).

U.S. Customs and Border Protection (CBP) has appointed John P. Leonard to serve as acting executive assistant commissioner of the Office of Trade.

The Biden Administration on March 29 has designated Commissioner Daniel B. Maffei as the next chairman of Federal Maritime Commission (FMC).

The Office of the U.S. Trade Representative (USTR) on March 31 released the 2021 National Trade Estimated (NTE) report which details the significant foreign barriers to U.S. exports goods and services, investment, and e-commerce.

The NCBFAA Legislative Committee wants the association membership to continue contacting their congressional representatives about permanent implementation of the Customs Business Fairness Act (CBFA), which provides customs brokers relief when importers become insolvent.

Customs and Border Protection (CBP) has approved K-Line America shipping line to be temporarily exempt from the 24-hour rule. This exemption includes K-Line being allowed to load cargo on vessels and should not be penalized for failure to comply with the 24-hour rule and Importer Security Filing requirements. For any ISF penalties, filers can reference the March 19 CSMS message #46666139 to have the penalty cancelled.

U.S. Customs and Border Protection (CBP) on March 29 directed its port personnel to begin seizing disposable glove imports produced by Top Glove Corporation Bhd. Of Malaysia

On March 31 at 4:30 p.m. ET, the ability for freight forwarders to electronically process their filings in the Automated Export System (AES) was temporarily upended.

The U.S. Commerce Department has delayed effective date for its final Aluminum Import Monitoring and Analysis System (AIM) until June 28. The new effective date for the program has been included an April 1 Federal Register notice.

The U.S. Senate Finance Committee on March 18 held a hearing on March 18 attempting to identify how federal regulators, particularly Customs and Border Protection (CBP), can work with the industry and use technology to identify and stop imports made using forced labor.

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

The NCBFAA Customs Committee and Software Vendors Working Group held a meeting with Customs and Border Protection (CBP) and Alcohol and Tobacco Tax and Trade Bureau (TTB) (in listening mode) on Monday, March 22, regarding the rapidly approaching April 6 deployment of the Craft Beverage Modernization Act (CBMA).