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.

The NCBFAA Regulatory Agencies Committee (RAC) continues to work with the Food and Drug Administration (FDA) to gain a better understanding of the agencies regulatory and procedural data requirements under ACE. Since the implementation of FDA processing in ACE, several questions have arisen regarding data filing for items that may not have been required under ACS. Questions have arisen for illuminating articles such as items containing LED'sand fluorescent bulbs along with food contact materials. Following is the limited response we have received for guidance to the trade.

As we have previously reported, the NCBFAA was part of a coalition of parties that filed a petition with the FMC requesting that the agency issue an interpretive rule on the issue of demurrage and detention charges (in Docket No. P4-16). That petition was filed as a reaction to the excessive demurrage and detention charges assessed by the lines during periods when NVOs and BCOs have been unable to pick up from or deliver containers to the piers for reasons beyond their control. For example, the service meltdown a couple of years in LA/Long Beach and the severe weather that has struck various ports has contributed to significant congestion in the ports, often making it impossible for these containers to move during the existing free time period.

On March 12, U.S. Senator Jeff Flake (R-Ariz.) introduced legislation to nullify the tariffs on steel and aluminum announced by the White House that are scheduled to go into effect on March 24. Flake's bill would prohibit "the implementation of any changes to the Harmonized Tariff Schedule included by the presidential proclamations [1] [2] dated March 8.

In a letter to the Senate Committee on Commerce, Science and Transportation Chairman John Thune and Ranking Member Bill Nelson, National Customs Brokers & Forwarders Association of America (NCBFAA) President Geoffrey Powell offered full support for the re-nomination of Commissioner Daniel B. Maffei to the Federal Maritime Commission (FMC).

Last week, CBP released their "Standard Guidelines for CBP/Trade Outages," a comprehensive guide to the downtime policies and procedures CBP and the trade will follow during ACE system interruptions. According to CBP, this is a "living document" and will be continuously reviewed and updated to adapt to changing circumstances.

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.