The Commissioners of the Consumer Product Safety Commission have approved an interim final rule containing the CPSC's interpretation of the statutory and other civil penalty and mitigation factors that may be considered for "knowing" violations of the prohibited acts listed in the Consumer Product Safety Act, the Flammable Fabrics Act, and the Federal Hazardous Substances Act, as amended by the Consumer Product Safety Improvement Act of 2008. Commissioner statements are availablehere. In addition, CPSC has approved a notice withdrawing its related July 2006 proposed rule on civil penalty factors. (Interim Final Rule, dated 08/19/09, available at http://www.cpsc.gov/businfo/frnotices/fr09/civilpenaltyfactors-draft.pdf)
Licensed Customs Broker
Customs brokers are entities who assist importers in meeting federal requirements governing imports into the United States. Brokers can be private individuals, partnerships, associations or corporations licensed, regulated and empowered by U.S. Customs and Border Protection (CBP). Customs brokers oversee transactions related to customs entry and admissibility of merchandise, product classification, customs valuation, payment of duties, taxes, or other charges such as refunds, rebates, and duty drawbacks. To obtain a customs broker license, an individual must pass the U.S. Customs Broker License Exam. Customs brokers are not government employees and should not be confused with CBP officials. There are approximately 11,000 active licensed customs brokers in the United States.
During the August 5, 2009 Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC) meeting, COAC's Air Cargo Security Subcommittee provided an update on its efforts to identify areas of possible redundancy and/or areas that could be leveraged to improve and streamline domestic and international air cargo security.
Note that Daily Update on Capitol Hill Trade Actions does not appear in today's issue of International Trade Today. Publication of this feature will resume as new information becomes available.
In UPS Customhouse Brokerage, Inc., v. U.S., the Court of Appeals for the Federal Circuit affirmed the decision of the Court of International Trade that UPS had misclassified certain merchandise under HTS 8473.30.90, but the CAFC invalidated the CIT's holding concerning Customs' determination that UPS did not exercise responsible supervision and control under 19 USC 1641.
The port of Los Angeles reports that for the period of June 1, 2009 through June 30, 2009, 58.64% of the 177,920 cargo moves at its terminals were made by clean trucks that meet or exceed the U.S. Environmental Protection Agency 2007 emissions standards. (Notice, available at http://www.portoflosangeles.org/)
U.S. Customs and Border Protection has issued a news release announcing that it has selected the four customs brokers for the Broker Self-Assessment Outreach Pilot Program (BSA pilot program).
U.S. Customs and Border Protection has posted a memorandum regarding its 2005 guidance for obtaining a valid power of attorney.
At a July 22, 2009 meeting in Washington, D.C., Commerce Secretary Locke listed his five trade agenda priorities for improving the trade fundamentals of the U.S. as (1) enhancing trade promotion and the support we provide to U.S. exporters, (2) pursuing visa reform, (3) undertaking a review of export controls, (4) strengthening international intellectual property protections, and (5) promoting more intergovernmental cooperation in support of U.S. exporters. (Remarks, dated 07/22/09, available at http://www.commerce.gov/NewsRoom/SecretarySpeeches/PROD01_008221)
CBP has posted a frequently asked questions document which it states addresses recurring questions regarding trade names and corporations for licensed Customs Brokers.