MEMO TO CLIENTS ISSUE 20-005 – June 4, 2020

USTR Issues Regulations on USMCA Rules of Origin The Office of the U.S. Trade Representative (USTR) has issued regulations on the Rules of Origin for the United States, Mexico, Canada Trade Agreement (USMCA). It includes several definitions and explanations on things such as transaction value when determining value content. The notice can be found on the USTR’s website.

USTR Requests Comments on Possible Exclusion Extensions The Office of the U.S. Trade Representative (USTR) issued two Federal Register Notices (FRN) yesterday announcing two more reviews for exclusions that will be expiring. The first notice is for exclusions from List 1 that were granted in September of 2019 and are due to expire on September 20, 2020. Exclusion extension requests do not have to be submitted by the original party that requested the exclusion. Anyone affected by the expiration of the exclusion can submit comments. The comment submission period runs from June 8, 2020 to July 7, 2020. The FRN with the detailed instructions can be found here. List of exclusions from September 20, 2019 that are expiring can be found here. The second FRN is a notice for exclusion from List 3 for three lists of exclusions that were granted earlier this year (April 24, May 8 and May 28). The FRN with instructions for the extension requests can be found here. The three lists of the HTS numbers under review can be found at: 1) 2) 3)

New Electronic Filing for Importer Manifest Confidentiality Customs regulations allow carriers to share an importer’s manifest information with private publications. The regulations also allow for an importer to request confidentiality of the information on their shipments. Importers have been able to request confidential treatment of their name and address from publication. In the past, applications have always been submitted to CBP by letter or email and have often taken months to be processed. CBP has just recently introduced their new version of electronically filing a manifest confidentiality request in a CSMS message (#42747527). This will allow a direct submission to CBP. The processing time should only take a few days and CBP will send back a message when the processing is complete. The new application format has a guide with template for the applicant to follow. The template will be attached to the electronic application. In using the new electronic format, accuracy of the application is very important. The name to be granted confidentiality will be what is submitted. CBP will allow multiple applications to be submitted for different versions of names. If a company has multiple names of consignees that have cargo shipped to them, then additional requests can be easily submitted. Instructions can be found on CBP’s website Please note that approved applications are good for only 2 years and must be renewed. Make sure you set up a calendar reminder to allow you to keep track of it so it can remain active.

China May Lose Special Trade Treatment President Trump has announced that with the political changes being put upon Hong Kong by China, he is planning to remove special trade treatment for Hong Kong as an autonomous country. This would mean that Hong Kong will no longer be considered its own Customs territory. The country of origin of Hong Kong’s goods would change from Hong Kong to China and marking requirement would change. Hong Kong goods would most likely fall under the additional China 301 tariffs. We will follow this issue very closely.