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.

Due to the efforts of the NCBFAA, a new rule that substantially deregulates NVOCC service arrangements ("NSAs") and NVOCC negotiated rate arrangements ("NRAs") went into effect Wednesday, August 22, 2018. The Association would like to express its appreciation to Acting Chairman Khouri and Commissioner Dye for their efforts in promulgating this new rule.

In the August 20 edition of the Federal Register, U.S. Customs and Border Protection (CBP) has issued a correction regarding Modernized Drawback. In the proposed rulemaking, CBP unintentional stated "an exemption for drawback claims for wine which included an imprecise reference to the entirety of paragraph (b)."

The NCBFAA and the AfA have commented on the Interim Final Rule (IFR) for the Air Cargo Advanced Screening (ACAS) program. These comments are the culmination of NCBFAA and AfA's years spent in on-going discussions with the TSA, CBP and the air cargo transportation community, as well as with their members who participated in the ACAS program.

The US Food & Drug Administration (FDA) has created a new product code for low risk devices promoted as general wellness products. Product code 80PWC is now available for import use only. This product code should not be used for FDA device registration purposes under any circumstances.

U.S. Customs and Border Protection (CBP) have announced that effective October 1st, the Consolidated Omnibus Budget Reconciliation Act (COBRA) will increase by 4.886 percent to adjust for inflation. Fees affected by this increase include:

The Office of the United States Trade Representative (USTR) on Friday, Oct. 10, announced modifications to its Section 301 tariffs on foreign ships calling U.S. ports, effective Oct. 14, as well as the addition of tariffs for container-handling equipment imports.

President Trump in a Truth Social post on Friday, Oct. 10, said that his administration will impose 100% tariffs on China products, “over and above any Tariff that they are currently paying,” by Nov. 1 or sooner, citing an “extraordinary aggressive position” taken by China against the U.S. with new tariffs and increased export controls on rare earth metals.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closing monitoring the imposition of Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and proposed Section 232 tariffs for heavy-duty truck imports by Nov. 1. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

The Drug Enforcement Administration (DEA) has stepped up outreach to the trade to increase awareness of DEA import and export requirements. DEA officials recently visited several local customs broker associations to spread the word about importer and exporter requirements under the Controlled Substances Act with particular emphasis on chemicals that can be used to manufacture fentanyl.

Customs and Border Protection (CBP) during an Oct. 1 call with the trade that no refunds of any type, including drawback, ACH, etc., are part of the excepted functions currently allowed by the agency during the government shutdown since they’re tied to appropriations.

The Office of the United States Trade Representative (USTR) on Friday, Oct. 10, announced modifications to its Section 301 tariffs on foreign ships calling U.S. ports, effective Oct. 14, as well as the addition of tariffs for container-handling equipment imports.

President Trump in a Truth Social post on Friday, Oct. 10, said that his administration will impose 100% tariffs on China products, “over and above any Tariff that they are currently paying,” by Nov. 1 or sooner, citing an “extraordinary aggressive position” taken by China against the U.S. with new tariffs and increased export controls on rare earth metals.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closing monitoring the imposition of Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and proposed Section 232 tariffs for heavy-duty truck imports by Nov. 1. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

The Drug Enforcement Administration (DEA) has stepped up outreach to the trade to increase awareness of DEA import and export requirements. DEA officials recently visited several local customs broker associations to spread the word about importer and exporter requirements under the Controlled Substances Act with particular emphasis on chemicals that can be used to manufacture fentanyl.

Customs and Border Protection (CBP) during an Oct. 1 call with the trade that no refunds of any type, including drawback, ACH, etc., are part of the excepted functions currently allowed by the agency during the government shutdown since they’re tied to appropriations.

The Office of the United States Trade Representative (USTR) on Friday, Oct. 10, announced modifications to its Section 301 tariffs on foreign ships calling U.S. ports, effective Oct. 14, as well as the addition of tariffs for container-handling equipment imports.

President Trump in a Truth Social post on Friday, Oct. 10, said that his administration will impose 100% tariffs on China products, “over and above any Tariff that they are currently paying,” by Nov. 1 or sooner, citing an “extraordinary aggressive position” taken by China against the U.S. with new tariffs and increased export controls on rare earth metals.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closing monitoring the imposition of Section 232 tariffs on timber, lumber, and derivative products imported into the U.S., starting for entries made on or after Oct. 14, and proposed Section 232 tariffs for heavy-duty truck imports by Nov. 1. The Committee will provide related Customs and Border Protection (CBP) guidance to our customs broker members as soon as it’s received.

The Drug Enforcement Administration (DEA) has stepped up outreach to the trade to increase awareness of DEA import and export requirements. DEA officials recently visited several local customs broker associations to spread the word about importer and exporter requirements under the Controlled Substances Act with particular emphasis on chemicals that can be used to manufacture fentanyl.

Customs and Border Protection (CBP) during an Oct. 1 call with the trade that no refunds of any type, including drawback, ACH, etc., are part of the excepted functions currently allowed by the agency during the government shutdown since they’re tied to appropriations.