Monday Morning eBriefing

NCBFAA would like to thank everyone who attended our highly successful 48th Annual Conference-whether in-person or virtually.

The Lacey Act declaration will soon be required for a new list of tariffs, including new unloaded pallets or containers, certain musical instruments, essential oils and trunks/suitcases. This Phase VI of the Lacey Act declaration enforcement was originally slated to begin last October but was delayed due to concerns raised by NCBFAA and others in the trade about pallets/containers. Phase VI is now set to begin July 1, 2020 and will apply to the products shown below.

Customs and Border Protection (CBP) has the authority to detain, seize, forfeit, and ultimately destroy merchandise seeking entry into the United States if it bears an infringing trademark or copyright that has been registered with the U.S. Patent and Trademark Office (USPTO) or the U.S. Copyright Office (USCOP), and has subsequently been recorded with CBP. As an Intellectual Property Rights (IPR) owner, you can partner with CBP to receive border enforcement of your registered trademarks and copyrights through CBP's e-Recordation Program.

When Customs and Border Protection (CBP), or any other federal agency for that matter, suspends or "debars" a person, it excludes that person from participating in certain federal transactions, such as government contracts, subcontracts, grants, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, and subsidies.

The U.S. Senate is preparing to pass a major bill in support of science and technology, which also has key trade components of interest to NCBFAA members. The House is working on a comparable bill.

At the request of NCBFAA's Customs Committee and Customs Counsel, CBP now has posted contact information for its Broker Management Officers (BMOs) across the country. The list can be found here.

The Senate Environment and Public Works Committee on May 26 passed the Surface Transportation Reauthorization Act of 2021 by a vote of 20-0. The bi-partisan bill will now head to the full Senate for consideration. NCBFAA's Legislative Counsel Whitmer & Worrall highlighted the following provisions that are important to the association's membership:

The Federal Emergency Management Agency (FEMA) on May 19 updated its list of restricted medical supplies and equipment for export in the ongoing battle against the coronavirus pandemic.

The demand for pets soared during the pandemic, triggering increased imports of dogs into the U.S. As a result, customs brokers have found themselves frequently processing imports of dogs. For many, the requirements are unfamiliar and often confusing.

NCBFAA recently surveyed importers and exporters about their thoughts on our industry, the anticipated future of our relationships, where customs brokers add value, and how our members can keep providing invaluable service to their clients now and in the future.

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:

A controversial California law, known as AB-5, would make it illegal for most industries, such as trucking, to hire independent contractors of those contractors perform tasks that the company does in the normal course of business.

Shippers, including freight forwarders and NVOCCs, interested in providing their expertise to the Federal Maritime Commission (FMC) will soon be able to apply to serve on the agency's new National Shipper Advisory Committee.

The NCBFAA Regulatory Agencies Committee (RAC) is closely watching legislation that proposes a sweeping expansion of the SIMP (Seafood Import Monitoring Program). Introduced on May 11 by Reps. Jared Huffman (D-CA) and Garrett Graves (R-LA), the Illegal Fishing and Forced Labor Prevention Act (H.R. 3075) seeks to add even more supply chain data to be transmitted at the time of entry. Provisions of the legislation include:

NOAA Fisheries on May 21 released its Report on Initial implementation of the U.S. Seafood Import Monitoring Program.

Today's golf clubs are generally made of prefabricated components consisting of a head, shaft, and grip. Recently, Customs and Border Protection (CBP) in CSMS #47830638 advised the trade how to enter golf clubs when manufactured and assembled in multiple countries with Chinese-originating components subject to Section 301 duties.

Senate Finance Committee Chairman Ron Wyden (D-OR) on May 18 introduced a bill to re-instate the lapsed Generalized System of Preferences with new labor and environment conditions.

The Fish & Wildlife Service (FWS) recently received several Freedom of Information Act (FOIA) requests for information related to FWS-regulated imports and exports provided by importers and exporters on Form 3-177 between Jan. 1, 2015, and Dec. 31, 2020. FWS is notifying the trade community that businesses have until June 1, 2021, to file an objection to the request.

In back-to-back hearings on May 12-13, U.S. Trade Representative Katherine Tai testified before the Senate Finance Committee and House Ways and Means Committee, respectively, on President Biden's 2021 Trade Policy Agenda.

Chris Magnus, currently chief of the Tucson Police Department in Arizona, has been nominated by the Biden Administration to service as commissioner of Customs and Border Protection (CBP).