Licensed Customs Broker

The following customs brokers' licenses and all associated permits are revoked without prejudice for failure to file a triennial status report, CBP said in a notice (here).

NIAGARA-ON-THE-LAKE, Ontario -- The Canada Border Services Agency looks set to streamline its plans for upcoming advanced import data transmission requirements for importers, similar to the U.S. Importer Security Filing, as it moves toward implementation of the eManifest importer requirement by 2018 at the earliest, according to panelists from CBSA and the Canadian Society of Customs Brokers at the CSCB National Conference on Sept. 26. Rather than require two separate transmissions, CBSA will instead require filing at the same time and in the same system as cargo release data, said Melanie Bedard of Milgram & Company, who led the panel discussion.

CBP should develop a separate "Section 321 module" for brokers to allow for easier manifest release requests on low-value imports regulated by other agencies, the Express Association of America said in comments to CBP (here). The comments were in response to CBP's regulatory changes to the de minimis value threshold (see 1608250029), a provision of the Trade Facilitation and Trade Enforcement Act (TFTEA) of 2015. Among other questions, CBP sought information on how it should approach the "release from manifest" process, commonly known as a Section 321 procedure, for goods under the new $800 de minimis level when the manifest doesn't include information required by other agencies. Unlike express couriers, customs brokers currently cannot electronically designate Section 321 clearances via manifest (see 1605160030).

CBP posted a single-page fact sheet on supply chain due diligence for importers to help avoid involvement with goods made by forced labor (here). "To combat the risks of child and forced labor in your operations and global supply chains, you should have a comprehensive and transparent social compliance system in place," CBP said. Among resources listed by CBP are the Labor Department's guidance on setting up a social compliance system (here), CBP rulings and the use of supply chain audits. Importers also may "obtain advice from a customs expert," CBP said. "For example, a licensed customs broker, customs/international trade attorney, or customs consultant." The agency is in the process of writing regulations following the customs reauthorization law's forced labor provisions that repealed the "consumptive demand" considerations (see 1606170040), which is causing some industry anxiety (see 1605170017).

CBP will seek to update its bi-annual customs broker licensing exam, the agency said in a notice (here). As long discussed (see 1604220023), CBP plans to "modernize" the exam by allowing for automation, increasing the fee and adjusting the dates, it said. The automated exams will be held at private testing centers "equipped with computers programmed to accommodate the examination while blocking web access," and "administered by professional proctors," CBP said.

CBP is misguided in its proposal to add non-vessel operating common carriers to the definition of importer within the importer security filing (ISF) requirements (see 1607050028), the National Customs Brokers & Forwarders Association of America said in comments to the agency (here). CBP proposed adding importer status to different parties based on whether the shipment involves foreign cargo remaining on board (FROB) or other types of cargo in order to make sure the party with the access to detailed cargo information is responsible for filing an ISF. The NVOCC is "rarely, if ever," the party with best access to the required information, the trade association said.

The Food and Drug Administration is amending its regulations on foreign and domestic drug establishment registration and listing for human drugs, including drugs that are regulated under a biologics license application, and animal drugs. The agency’s final rule (here) sets requirements for all facility registrations to be submitted electronically to FDA, with foreign facilities listing all importers of their covered drugs. Facilities must review and update their registrations annually. FDA’s final rule also makes changes to the National Drug Code (NDC) system.

CBP is correcting a notice it issued on customs broker licenses revoked for failure to file the 2015 triennial status report and pay the applicable fee (here). The correction adds nine brokers to the list of licenses revoked, and removes three that were erroneously listed. CBP’s January notice revoked hundreds of licenses (see 1601050010).

U.S. shippers and forwarders are seizing new opportunities created through recently loosened trade restrictions between the U.S. and Cuba, yet U.S. export activities frequently fall short of firms’ expectations as companies often encounter uncertain and changeable terms of bilateral engagement. In addition to navigating incongruous trade regulations across both countries, firms involved in exporting to Cuba must still avoid violating the U.S. trade embargo while cultivating Cuban buyers who commonly have spotty phone and internet access, according to several private sector officials directly engaged in U.S.-Cuba trade regulations.

CBP “has procedures in place to address system issues and communicate with users” in the event of ACE system slowdowns or outages beginning on July 23, “just as we’ve had with ACS,” which will no longer be available for most filing after that date, CBP said in an update to transition procedures for the upcoming deadline (here). “Port downtime or workaround procedures will be implemented as determined by the Office of Field Operations, and guidance to the trade community will be timely communicated via the Cargo Systems Messaging Service (CSMS),” it said. “Filers should continue to work with the local port office regarding the movement of goods.”