In a recent CSMS message (#49876589), the Food and Drug Administration (FDA) recommends that importers and customs brokers of FDA-regulated products utilize FDA’s Import Trade Auxiliary Communications System (ITACS) for current entry status and to receive FDA Notices electronically. The agency noted an ITACS account is not required to import FDA-regulated products. However, review of documents submitted via ITACS is prioritized over review of documents submitted to FDA via other methods.

Announced via CSMS #18-000631, U.S. Customs and Border Protection (CBP) has released the latest 5106 CBP and Trade Automated Interface Requirements (CATAIR) draft entitled "ACE Draft CATAIR: Importer/Consignee Create/Update." According to the CSMS, the new "5106 CATAIR will be available for testing in the CERTIFICATION environment starting in December 2018."

In a letter to former NCBFAA President Geoff Powell, the Food and Drug Administration (FDA) announced that it has now completed its procedure for revamping the Filer Review process. According to FDA, the new process is now in effect nationally and is the method that will be used for conducting all filer evaluations. Here is a copy of the procedure along with a flow chart of the process and a chart giving examples of how FDA will determine the severity of data transmission errors during a review.

Starting in 2010, a majority of the FMC Commissioners reinterpreted what is commonly referred to as Section 10(d)(1) of the Shipping Act, which is now codified at 46 U.S.C. §41102(c). This new interpretation raised significant potential issues for NVOCCs and ocean forwarders, as it made it significantly easier for shippers to sue intermediaries at the FMC in any situation where there was a commercial dispute. And so, for example, in cases even where shippers had not paid freight charges, they were nonetheless able to obtain judgments against NVOCCs and forwarders when faced with significant demurrage and detention claims that arose due to those unpaid charges. In each of these series of cases, now FMC Chairman Michael Khouri was in the minority and wrote extensive and repeated dissents explaining why this change of interpretation of Section 10(d)(1) was inappropriate.

On October 3, the Senate overwhelmingly passed legislation reauthorizing federal aviation programs through fiscal year 2023. The bill includes a provision establishing an air cargo security division within the TSA that will carry out all policy and engagement with stakeholders.

On September 22, 2018, Governor Jerry Brown signed into law a bill (SB-1402) that would make forwarders, customs and property brokers and shippers liable to pay any judgments that have been entered against drayage companies arising out of their indebtedness to drayage drivers for unpaid wages or expenses, inappropriate deductions, penalties for unpaid unemployment insurance or other judgments in favor of the drivers. Briefly, the bill applies to "customers" who use a "port drayage motor carrier" to provide "port drayage services" using a "commercial driver." Each of the terms in quotes is defined in the legislation, and would include a freight forwarder, property broker, customs broker or shipper. The law is set to take effect in January 2019.

In a letter to U.S. Customs and Border Protection (CBP) and the Treasury Department, the National Customs Brokers and Forwarders Association of America, Inc., (NCBFAA) provided detailed comments on the proposed regulations implementing the drawback amendments in the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). While NCBFAA recognized the extensive work undertaken by CBP in developing the regulations, NCBFAA's Drawback Committee identified three key areas where its members believed the agencies' proposed regulations did not implement the intentions of Congress.

U.S. Customs and Border Protection (CBP) has announced via CSMS #18-000543 that starting today, September 17, 2018, "absolute quota will be processed on an hourly basis, and absolute quota shipments made available for cargo release, between 11:45am - 7:45pmEastern Time every business day."

On September 5, 2018, the FMC released its Interim Report authored by Commissioner Rebecca Dye concerning the investigation of current demurrage and detention practices by the VOCCs and MTOs. The Report was issued in the FMC's Fact Finding Investigation No. 28, which grew out of the Petition filed by a coalition of parties, including the NCBFAA, that had requested the agency to issue interpretative guidance on when the carriers and ports would be required to extend free time in situations where shippers and NVOCCs were not able to pick-up or return containers for reasons that were not their fault.

Ozone-depleting substances (ODS) deplete the stratospheric ozone layer when the chlorine and bromine atoms that they contain come into contact with ozone molecules. One chlorine atom can destroy over 100,000 ozone molecules before it is removed from the stratosphere. ODS that release chlorine include chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), carbon tetrachloride, and methyl chloroform. ODS that release bromine include halons and methyl bromide.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A. is tracking the outcome of U.S.-Vietnam trade deal, ongoing U.S.-Canadian trade discussions, and CBP tariff guidance updates for the association's customs broker members and their importer clients.

The Office of Foreign Assets Control (OFAC), effective July 1, revoked the Syria Sanctions as authorized in Executive Order (EO) 14312.

On July 16 at 2 p.m. ET, the Consumer Product Safety Commission (CPSC) will hold a special “virtual office hours” session to discuss challenges and experiences of customs brokers and industry members who have participated in the CPSC e-Filing pilot.

With so much focus on trade in Washington, D.C., these days, NCBFAA anticipates that the 2025 Government Affairs Conference (GAC) in Washington, D.C., on Sept. 7-9, will sell out of our room block at the Grand Hyatt Washington well before the room rate cut-off date of Aug. 7.

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 Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A. is tracking the outcome of U.S.-Vietnam trade deal, ongoing U.S.-Canadian trade discussions, and CBP tariff guidance updates for the association's customs broker members and their importer clients.

On July 16 at 2 p.m. ET, the Consumer Product Safety Commission (CPSC) will hold a special “virtual office hours” session to discuss challenges and experiences of customs brokers and industry members who have participated in the CPSC e-Filing pilot.

With so much focus on trade in Washington, D.C., these days, NCBFAA anticipates that the 2025 Government Affairs Conference (GAC) in Washington, D.C., on Sept. 7-9, will sell out of our room block at the Grand Hyatt Washington well before the room rate cut-off date of Aug. 7.

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

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome 7 Star Logistics Solutions, Farris Customs Brokers, Infinito Global Trade Network, and Karl Gross Logistics (USA), 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!

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A. is tracking the outcome of U.S.-Vietnam trade deal, ongoing U.S.-Canadian trade discussions, and CBP tariff guidance updates for the association's customs broker members and their importer clients.

The Office of Foreign Assets Control (OFAC), effective July 1, revoked the Syria Sanctions as authorized in Executive Order (EO) 14312.

FIATA’s new Best Practice Guide on Maritime Contracting helps freight forwarders navigate this landscape by clarifying the implications of acting under different capacities when engaging with ocean carriers.

On July 16 at 2 p.m. ET, the Consumer Product Safety Commission (CPSC) will hold a special “virtual office hours” session to discuss challenges and experiences of customs brokers and industry members who have participated in the CPSC e-Filing pilot.

With so much focus on trade in Washington, D.C., these days, NCBFAA anticipates that the 2025 Government Affairs Conference (GAC) in Washington, D.C., on Sept. 7-9, will sell out of our room block at the Grand Hyatt Washington well before the room rate cut-off date of Aug. 7.