Beginning last Friday, the European Union (EU) has started charging import duties of 25 percent on a range of U.S. products as retaliation to the U.S. imposed tariffs on EU steel and aluminum earlier this month. This list of products includes home appliances, motor vehicles, household articles, apparel and footwear, textiles and fabrics, whisky, tobacco products and more. All told, these duties equate to approximately $3.2 billion of U.S. goods.

The White House officially announced that retaliatory tariffs will be imposed on 818 HTS lines, with collection of the additional 25% duties beginning July 6. At the same time, an additional 284 tariff lines are being proposed, but will first undergo a public comment process. The targeted products fall primarily in aerospace, automobile, industrial machinery, information technology and robotics industries. The U.S. Trade Representative announced it will establish a process for U.S. companies to request exclusion from the tariffs on specific products if no alternative supplier exists.

As we have reported previously, based on a petition filed by several trade associations, including the NCBFAA, in FMC Docket P4-16, the FMC has initiated Fact-Finding Investigation 28, headed up by FMC Commissioner Rebecca Dye, that is charged with making recommendations to the Commission concerning unfair or unreasonable assessment of demurrage and detention.

Last week, U.S. Customs and Border Protection (CBP) announced they would be spending the $30M in funding issued through congressional appropriation for FY2018 on enhancements to the ACE platform. CBP's goals for enhancing ACE come from an active dialogue with the industry, government agencies and congressional stakeholders, as well as the Customs Commercial Operations Advisory Committee (COAC). Enhancements include:

Last week, House Speaker Paul Ryan set May 17 as the last day for the Trump Administration to submit notice to Congress of its intent to sign a new NAFTA deal in order for a vote to occur this year (due to the procedural steps that must occur prior to a congressional vote). Now that the May 17 date has passed, Speaker Ryan said there may still be "some wiggle room," though warned that time is running out for a vote in Congress this year. House Ways and Means Chairman Kevin Brady downplayed the significance of the timing for a vote in Congress, urging negotiators to "stay at the table" to reach a modernized NAFTA with high-standard rules. "I hope all countries continue working in good faith to get this done," he said, "whether that means a vote in Congress this year or next."

During its Annual Membership Meeting at the April 29-May 3 NCBFAA Annual Conference at the Westin Mission Hills Resort and Spa in Rancho Mirage, CA, the National Customs Brokers & Forwarders Association of America, Inc. (NCBFAA) announced new Officers and Board members.

Recently, several steamship lines - including MOL and Hapag-Lloyd - issued notices or tariff changes indicating, because of the shortage of drayage operators at various ports, that they would at their option elect to terminate their contractual obligations to deliver cargo. This would be their practice even though this involved "door" moves. Instead, the carriers indicated that they would treat their contractual obligations as satisfied, terminate their service at that point, and hold the NVOCC or BCO liable for any demurrage or detention arising out the carrier's inability to move the cargo out of the rail or port ramp.

NCBFAA has been working diligently with our membership, our industry's software developers and CBP on implementing the latest changes in ACE. In addition to the recent updates, ACE has been tasked with managing an ever-changing array of tariffs, PGA requirements and increasing government and trade needs. We are continually updating our ACE tracking list (link) and have put out our white paper (link) in order to further the shared goal of a fully functional ACE system of record. We have added DIS documentation issues to the list as well as updated several other items.

On April 12, U.S. Customs and Border Protection (CBP) Commissioner Kevin McAleenan appeared before the House Appropriations Committee Subcommittee on Homeland Security for CBP's FY 2019 budget hearing. While most of his written testimony dealt with immigration and border infrastructure, Commissioner McAleenan had this to say on ACE:

To help better understand the issues and problems surrounding Demurrage and Detention, FMC Commissioner Dye has requested meetings with interested persons attending the NCBFAA Annual Conference.

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.