On October 10, the National Customs Brokers & Forwarders Association of America, Inc. (NCBFAA) submitted comments on the Notice of Proposed Rulemaking (NPRM) entitled "Customs Broker Verification of Importer's Identity." The comments were prepared after months of discussion regarding the impact this proposed measure would have on the industry. The NCBFAA supports the proposed rulemaking, as the verification of an importer's identity will benefit the customs brokerage community and enhance U.S. Customs and Border Protection 's (CBP) efforts to protect our borders while facilitating legitimate trade, however we are providing these comments to assist the agency in developing a reasonable process to achieve these goals without creating an undue burden on the industry.

The Office of the United States Trade Representative (USTR) announced on October 2 that certain products from the E.U. would be subject to additional duty rates of either 10% or 25% effective on October 18. The tentative list of products may be found here. The definitive product coverage "will be determined by amendments to the HTSUS that USTR will publish in an upcoming Federal Register notice."

We want to thank everyone for their attendance and participation in this year's Government Affairs Conference! With 27 First Timers and approximately 172 attendees, we had a wonderful turnout. We understand that your attendance at this conference takes away from your time in the office and from home; that effort and sacrifice does not go unnoticed!

At a recent Board of Directors meeting, NCBFAA leadership discussed the need to have an accurate member count for our advocacy efforts, which amplifies our reach within the industry and on Capitol Hill. We are asking members to help support this effort by logging into your account and updating both your employee roster and reviewing your total employee count. We very much want to be able to tell Capitol Hill and the Government Agencies with which we engage the full story of our membership depth and breadth.

On September 13, the Federal Maritime Commission (FMC) announced that the Commission is seeking public comments on "its interpretation of the Shipping Act prohibition against failing to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property with respect to demurrage and detention. Specifically, the Commission is providing guidance as to what it will consider in assessing whether a demurrage or detention practice is unjust or unreasonable."

Two recent Headquarters' rulings have addressed the impact of China Section 301 duties on tool kits classifiable under subheading 8206.00.00, HTSUS. In the rulings, HQ H304235 (July 30, 2019) and HQ H301769 (April 10, 2019), Customs determined that such tool kits are subject to a double hit of China Section 301 duties.

Long-time lobbyist for the NCBFAA, Jon Kent has announced that he will retire before the end of the year. Jon has served the NCBFAA and our members for the better part of 40 years, and his presence, guidance and expertise will be greatly missed.

On Friday of last week, the Office of the United States Trade Representative (USTR), in response to China's announcement of additional tariffs on $75 billion worth of American Goods, said that the United States would increase existing tariffs on Chinese goods by 5%. According to the release, For the 25% tariffs on approximately $250 billion worth of Chinese imports, USTR will begin the process of increasing the tariff rate to 30%, effective October 1 following a notice and comment period. For the 10% tariffs on approximately $300 billion worth of Chinese imports that the President announced earlier this month, the tariffs will now be 15%, effective on the already scheduled dates for tariff increases on these imports.

In the August 14 edition of the Federal Register, U.S. Customs and Border Protection (CBP) has issued a proposed rule amending Section 116 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) that would establish identity collection criteria and create a required verification process of the importer and nonresident importer client. CBP is requiring all brokers obtain, at a minimum, the following information from their clients:

Announced via CSMS on August 7, U.S. Customs and Border Protection (CBP) has released instructions for how to submit entries that contain products granted exclusions from Section 302 duties. Instructions for submission are as follows:

Customs and Border Protection (CBP) has provided guidance for the additional duties on U.S. imports of Brazilian products that are subject to the July 30 Executive Order (EO), “Addressing Threats to the United States by the Government of Brazil,” and will become effective at 12:01 a.m. ET on Aug. 6.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are reviewing the details of the numerous reciprocal tariffs that took effect Aug. 1, the new 35% Canadian product tariff, the Section 232 import duties on copper and copper derivative products, and the end to de minimis for commercial shipments effective on Aug. 29. The Committee will report any ongoing Customs and Border Protection (CBP) guidance related to these White House actions to our customs broker members as soon as it’s released by the agency.

Recognizing the rapid and unexpected increase in duties, customs brokers and warehouse proprietors increasingly are encountering situations of unclaimed, rejected, and abandoned cargo. In response, the NCBFAA Customs Committee, Transportation Committee, Committee Counsel, and Leadership have collaboratively developed a guidance document to assist NCBFAA Regular Members to address the recurring questions regarding this cargo and to clarify the rights of the transacting parties, as well as service providers.

The Vanguard Pest Control treatment provider informed the USDA Animal and Plant Health Inspection Service (APHIS) that it will discontinue phytosanitary fumigations and close its treatment facility at the Newark, New Jersey, location at the end of July. APHIS provided guidance to the trade.

A summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable.

Customs and Border Protection (CBP) has provided guidance for the additional duties on U.S. imports of Brazilian products that are subject to the July 30 Executive Order (EO), “Addressing Threats to the United States by the Government of Brazil,” and will become effective at 12:01 a.m. ET on Aug. 6.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are reviewing the details of the numerous reciprocal tariffs that took effect Aug. 1, the new 35% Canadian product tariff, the Section 232 import duties on copper and copper derivative products, and the end to de minimis for commercial shipments effective on Aug. 29. The Committee will report any ongoing Customs and Border Protection (CBP) guidance related to these White House actions to our customs broker members as soon as it’s released by the agency.

Recognizing the rapid and unexpected increase in duties, customs brokers and warehouse proprietors increasingly are encountering situations of unclaimed, rejected, and abandoned cargo. In response, the NCBFAA Customs Committee, Transportation Committee, Committee Counsel, and Leadership have collaboratively developed a guidance document to assist NCBFAA Regular Members to address the recurring questions regarding this cargo and to clarify the rights of the transacting parties, as well as service providers.

The Vanguard Pest Control treatment provider informed the USDA Animal and Plant Health Inspection Service (APHIS) that it will discontinue phytosanitary fumigations and close its treatment facility at the Newark, New Jersey, location at the end of July. APHIS provided guidance to the trade.

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

Customs and Border Protection (CBP) has provided guidance for the additional duties on U.S. imports of Brazilian products that are subject to the July 30 Executive Order (EO), “Addressing Threats to the United States by the Government of Brazil,” and will become effective at 12:01 a.m. ET on Aug. 6.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are reviewing the details of the numerous reciprocal tariffs that took effect Aug. 1, the new 35% Canadian product tariff, the Section 232 import duties on copper and copper derivative products, and the end to de minimis for commercial shipments effective on Aug. 29. The Committee will report any ongoing Customs and Border Protection (CBP) guidance related to these White House actions to our customs broker members as soon as it’s released by the agency.

Recognizing the rapid and unexpected increase in duties, customs brokers and warehouse proprietors increasingly are encountering situations of unclaimed, rejected, and abandoned cargo. In response, the NCBFAA Customs Committee, Transportation Committee, Committee Counsel, and Leadership have collaboratively developed a guidance document to assist NCBFAA Regular Members to address the recurring questions regarding this cargo and to clarify the rights of the transacting parties, as well as service providers.

The Vanguard Pest Control treatment provider informed the USDA Animal and Plant Health Inspection Service (APHIS) that it will discontinue phytosanitary fumigations and close its treatment facility at the Newark, New Jersey, location at the end of July. APHIS provided guidance to the trade.

A summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable.