Customs brokers must restructure by Feb. 17 any powers of attorney they had previously executed with freight forwarders or other third parties to satisfy a new requirement that the POAs be directly executed with the importer of record or drawback claimant, CBP said in a CSMS message Dec. 1.
The Office of the U.S. Trade Representative is extending exclusions from Section 301 China tariffs for 81 products related to the COVID-19 pandemic through February 2023, it said in a notice released Nov. 23. The exclusions, originally granted Dec. 29, 2020, were scheduled to expire Nov. 30, USTR said. “In light of the continuing efforts to combat COVID, the exclusions have been extended for an additional 90 days, through February 28, 2023,” USTR said in an emailed announcement.
CBP on Nov. 23 issued a new withhold release order banning imports of raw sugar and sugar-based products produced in the Dominican Republic by Dominican sugar giant Central Romana, it said in a news release. The WRO takes immediate effect. According to a USDA report issued in April, Central Romana accounted for 59% of Dominican sugar production in the 2021-2022 sugar marketing year, and took 62.84% of the U.S. tariff rate quota for raw sugar in fiscal year 2021.
CBP Commissioner Chris Magnus resigned Nov. 12. According to news reports, Magnus, who was confirmed by the Senate 11 months ago, was asked to resign last week by DHS Secretary Alejandro Mayorkas and had originally refused. Deputy CBP Commissioner Troy Miller will manage the agency again until another presidential appointee can be confirmed, Mayorkas said in an email to staff, The Washington Post reported.
CBP will delay until Dec. 15 its deployment of a new mandatory data element in ACE for goods with a country of origin of China, said a CBP spokesperson Oct. 26. The new UFLPA Region Alert capability in ACE will use a new mandatory data element for the Chinese manufacturer’s postal code to generate a warning message when a Uyghur region postal code has been provided, according to an earlier update to the agency’s ACE development schedule that had listed a scheduled deployment in November.
CBP on Oct. 17 released its long-awaited final rule amending Part 111 to modernize the customs broker regulations. As expected, the final rule eliminates broker district permits, modifies CBP’s responsible supervision and control framework for brokers, and increases fees for the broker license application to better cover CBP’s costs. CBP also released a concurrent final rule eliminating all references in its regulations to the customs broker district permit fee.
The Court of International Trade ruled Sept. 21 that importer Eteros Technologies USA is legally allowed to import goods federally deemed "drug paraphernalia" because Washington state legalized the delivery, possession and manufacture of marijuana-related drug paraphernalia. Judge Gary Katzmann found Eteros is authorized to import motor frame assemblies used to create marijuana harvesting units under the federal exemption section of the Controlled Substances Act. As such, the U.S. cannot legally seize or forfeit Eteros' imports, Katzmann said.
The Court of International Trade was wrong to consider China's non-market economy status when analyzing whether to grant first sale treatment, the Court of Appeals for the Federal Circuit said in a Aug. 11 ruling. The decision overturns and remands a 2021 CIT ruling that said that first sale treatment shouldn't apply for cookware imported by Meyer from Thailand and China through a Chinese middleman because China is a NME.
DHS posted the Forced Labor Enforcement Strategy document from the Forced Labor Enforcement Task Force on June 17. The document was required under the Uyghur Forced Labor Prevention Act, which creates a rebuttable presumption that as of June 21 goods connected to the Xinjiang region are made with forced labor. Included in the document is "comprehensive assessment of the risk of importing goods mined, produced, or manufactured, wholly or in part, with forced labor," said the task force. Also included is an "evaluation and description of forced-labor schemes, UFLPA-required lists (including the UFLPA Entity List), UFLPA-required plans, and high priority sectors for enforcement."
The House voted Monday to pass the Senate version of the Ocean Shipping Reform Act 369-42, clearing the way to enact legislation that lawmakers say will reduce supply chain congestion, penalize unfair carrier practices, better aid agricultural exporters and address broader issues in the ocean freight delivery system. President Joe Biden applauded the passage and said he will soon sign it into law.