MEMO TO CLIENTS ISSUE 21-006 – July 7, 2021

Registration for CBP’s Virtual Trade Week is Open

U.S. Customs and Border Protection (CBP) has announced the CBP 2021 Virtual Trade Week will be held this year on July 20-22. This year’s sessions will include discussions on 21CCF, E-Commerce, Forced Labor, Export Modernization, CTPAT, and 1USG. Registration is now open, and the registration fee is only $30.00.

You can get all the information and register from CBP’s website.

CBP has Published 2 FRNS’s on USMCA

U.S. Customs and Border Protection (CBP) has published two Notices of Proposed Rule Making (NPRM) dealing with the Unites States, Mexico, Canada Trade Agreement (USMCA). The first notices define the country-of-origin rules for non-preferential purposes. In NATFA, there were 2 rules that could apply, and this change allows the Trade to rely on one set of rules to determine country of origin for items like marking. It applies the substantial transformation rules for non-preferential purposes but does not change the preferential qualifications that are found in 19 CFR 102. The notice is subject to comments from the Trade before it becomes final, and comments are due by August 5, 2021.

The NPRM can be found by clicking here.

The second FRN are the long awaited interim final rule for the application of USMCA preferential treatment for entry and consumption of Canada and Mexico Origin goods into the United States. This FRN will amend regulations for USMCA for import requirements, export requirements, post importation claims, drawback, and many other issues. It continues the application of 19 CFR 102 and helps clarify certain quotas while it also updates the regulation for goods returned after repair and alteration. The NPRM also addresses marking requirements along with other issues dealing with USMCA. While this Interim Final Rule went into effect on July 1, 2021, it is still subject to comments from the Trade and comments are due by September 7, 2021. 

The NPRM can be found by clicking here.

Preliminary Injunction Approved in China 301 Duty Case

The U.S. Court of International Trade (CIT) granted a preliminary injunction to suspend the liquidation of unliquidated import entries subject to China 301 duties on Lists 3 and 4a. Of the 3 judges on the panel, one of them, Judge Bennet dissented calling the injunction unnecessary. This was based on the opinion that the court has the prerogative to issue reliquidation or monetary reward for imports before the court. For those importers that filed for this case, we recommend that you contact you Customs Counsel to review this decision and whether or not you should file protests for your entries in this case. 

A copy of the slip opinion can be found at the CIT website.

Revised Lacy Act Provisions will go into Effect on 10/1/2021

The Animal and Plant Health Inspection Service has announced in a Federal Register Notice (FRN) that the amended Lacy Act provisions will now go into effect on October 1, 2021. Some of the changes include the addition of certain essential oils of woods; wood trunks cases and suitcases; wood cases, boxes, crates, drums, pallets, and box-pallets: and certain musical instruments of wood. One important note is that only new wood pallets shipped into the U.S. will require Lacey Act reporting. Pallets that are loaded and in use for packaging at the time of importation will not require Lacey Act reporting. Also used pallets whether loaded or being shipped to the U.S. will not require reporting. 

A copy of the FRN with the new instructions can be found by clicking here.