Published On: Sat, Jan 14th, 2023

Customs and Trade Law Weekly Snapshot


Here is a recap of the latest customs and international trade law news:

 

 

 

 

U.S. Customs and Border Protection (CBP)

  • U.S. Customs and Border Protection (CBP) in partnership with the U.S. Chamber of Commerce, is taking to the airwaves to raise awareness this holiday shopping season about the dangers of counterfeit goods, and how to avoid falling for scams. The two organizations are encouraging shoppers to “unbox real happiness” this holiday season by purchasing genuine goods.
  • CBP announced regulations modernizing the customs broker regulations. CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States.
    • To accomplish this, CBP is eliminating broker districts and district permits, which in turn removes the need for the maintenance of district offices, and district permit waivers.
    • CBP is also updating, among other changes, the responsible supervision and control oversight framework, ensuring that customs business is conducted within the United States, and requiring that a customs broker have direct communication with an importer.
    • The effective date of this motion is December 19, 2022. 
  • CBP will conduct the Vessel Entrance and Clearance Automation Test. This test will allow participants to submit certain vessel entry and clearance data and requests to CBP electronically through the Vessel Entrance and Clearance System (VECS), instead of submitting paper forms, as currently required by CBP regulations.
    • Specifically, this test will allow participants to submit the data required on CBP Forms 26, 226, 1300, 1302, 1303, 1304, and 3171 electronically through VECS prior to arrival or departure from designated ports. 

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

  •  The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons and property that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied.
  • OFAC is issuing Russia-related General License 54 “Authorizing Certain Transactions Involving VEON Ltd. Prohibited by Executive Order 14071.”
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
  • OFAC is issuing Russia-related General License 13C “Authorizing Certain Administrative Transactions Prohibited by Directive 4 under Executive Order 14024.”
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.

The Department of Commerce (DOC)

  • The Department of Commerce (DOC), in accordance with the Paperwork Reduction Act (PRA) of 1995, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden.
    • To ensure consideration, comments regarding this proposed information collection must be received on or before January 20, 2023.
  • An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Jacksonville Port Authority, grantee of Foreign-Trade Zone 64, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR
    400.2(c)).
    • The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usage-driven’’.
  • DOC and the U.S. International Trade Commission (USITC) is issuing antidumping duty  orders on oil country tubular goods (OCTG) from Argentina, Mexico, and the Russian Federation. In addition, DOC is amending its final determination with respect to OCTG from Russia to correct a ministerial error.
  • Based on affirmative final determinations by the DOC and the U.S. International Trade Commission (USITC), DOC is issuing countervailing duty orders on oil country tubular goods (OCTG) from the Republic of Korea and the Russian Federation.
  • DOC hereby publishes a list of scope rulings and circumvention determinations made during the period July 1, 2022, through September 30, 2022. DOC intends to publish future lists after the close of the next calendar quarter.

U.S. Bureau of Industry and Security (BIS) 

  • Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730–774 (2021) the Bureau of Industry and Security (BIS) hereby grants the request of the Office of Export Enforcement (OEE) to renew the temporary denial order issued in this matter on May 20, 2022. BIS finds that renewal of this order is necessary in the public interest to prevent an imminent violation of the Regulations.

U.S. Food and Drug Administration (FDA)

  • The Food and Drug Administration (FDA) is issuing a final rule establishing additional recordkeeping requirements for persons who manufacture, process, pack, or hold foods the FDA has designated for inclusion on the Food Traceability List.
    • The final rule adopts provisions requiring these entities to maintain records containing information on critical tracking events in the supply chain for these designated foods, such as initially packing, shipping, receiving, and transforming these foods.
    • This rule is effective January 20, 2023.
  • The U.S. Food and Drug Administration (FDA) has declared that a lab-grown chicken product developed by California food-tech startup Upside Foods is safe for human consumption, setting the stage for a new food revolution in which the world’s meat is grown in bioreactors instead of on factory farms.

Bloomberg News 

  • SHEIN, the fast fashion clothing company is on track this year for sales around $8 billion in the US alone. A new investigation traces the origin of the cotton in some Shein clothing to the Xinjiang region of China, where the US and other Western nations say the Chinese government has imprisoned Uyghur Muslims and carried out a campaign of forced labor. Bloomberg senior writer Sheridan Prasso, discusses more in Bloomberg News’ podcast.
    • We encourage you to read our Uyghur Forced Labor Prevention Act (UFLPA) article here and contact Diaz Trade Law at info@diaztradelaw.com for help in complying with UFLPA. 

U.S. International Trade Commission (USITC)

  • The U.S. International Trade Commission (USITC) has determined to issue a general exclusion order prohibiting the unlicensed importation of chocolate milk powder and packaging thereof that infringe U.S. Trademark Registration No. 4,206,026. The investigation is terminated.
  • Under the USITC, The presiding administrative law judge issued an Initial Determination on Violation of Section 337. On November 14, 2022, the ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. 
  • The USITC determines, pursuant to the Tariff Act of 1930 that revocation of the antidumping duty order on
    ferrovanadium from South Korea would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

 

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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