MEMO TO CLIENTS ISSUE 23-001 – January 18, 2023

CBP Clarifies China Postal Code Requirement

In November 2022, U.S. Customs and Border Protection (CBP) unveiled new requirements for postal codes to be included in China Manufacturer ID’s. The instructions implied that a China postal code will be required when a China MID is used for the release of cargo and for entry summary line information when an item is declared to be of China Origin. In a review of the Program CBP has clarified the requirements.

The postal code will only be required when an MID that is used for the release of cargo is from China. This follows the current process where the MID for an entry can be either the manufacturer of the goods or the party that is selling the goods to an importer. CBP will not require the MID with the postal code for the manufacturer of different parts of Chinese origin included on the entry summary. That individual MID requirement is still only required for all textile articles. CBP is committed to issuing clearer instructions for the Trade.

FDA Posts Guidance for FSVP for Food Importers The Food and Drug Administration (FDA) has posted an updated version of its “Guidance for Industry on Foreign Supplier Verification Program for Importers of Food.”  The document provides detailed guidance on the Foreign Supplier Verification Programs (FSVP) requirements, including the agency’s latest clarifications. The Q&A format makes it particularly useful for food importers.  It can be found by clicking here.

CBP Will Hold Webinars on Forced Labor in January

U.S. Customs and Border Protection (CBP) has announced that it will hold two webinars in January on the Forced Labor requirements. The first one will be hosted by CBP’s Office of Trade. It will focus on forced labor topics that will include the legislation on this program, CBP enforcement of the law, and resources on the program. This one will be on January 26 at 2:00 pm (eastern).  Here is the link to register for it.

The second webinar will be hosted by CBP’s Office of Field Operations that will deal with CTPAT-Forced Labor requirements that current CTPAT participants are expected to meet. This webinar will be on January 27 at 2:00 pm (eastern).  Here is the link for this webinar.

If you want to attend both webinars, you must sign up for each one individually. If you would like to review CBP’s Forced Labor programs in advance of either webinar you can click here.

Container Dwell Fee to End at Los Angeles and Long Beach

The Ports of Long Beach and Los Angeles had the option to collect a container dwell fee since October 25, 2021. At that time, congestion was badly affected by the large numbers of containers that were being left at the Port terminals which took away space for new containers to arrive or to allow the timely return of empty containers. The threat of the hefty fees encouraged many cargo owners to begin to remove the long dwelling cargo off the terminals. 

The start of the initiation of the fees was regularly postponed as progress on moving the containers steadily grew and the fees were never activated. With the recent decline to 92% of the containers being held at the terminals, both Ports have decided to eliminate the fee on January 24, 2023.

Have You Looked at Your Blanket Statements Recently?

Many importers take advantage of using annual blanket statements for different programs such as antidumping non-reimbursement statements or many certificates of origin for free trade agreements. Most blanket statements are only good for one year. Many importers have set up their annual blanket statements to coincide with the calendar year and may have some that expired on December 31. We are reminding importers using blanket statements for their entries to review them, so that any programs they are participating in are not interrupted.

CBP Announces the Date for 2023 Trade Facilitation and Cargo Security Summit

U.S. Customs and Border Protection (CBP) has announced the dates and location for the 2023 Trade Facilitation and Cargo Security Summit. The location will be in Boston, MA and the dates will be from April 17 to April 19th. The announcement was a “Save the Date” announcement. The location of the hotel and the registration will be sent out later. We will send out a special message when registration is announced.

Correction to Article on Extension of China Exclusions

In our December 21 issue of our Memo to Clients, we wrote about recent exclusion to China 301 duties granted by the Office of the USTR.  We incorrectly stated that the 81 exclusions for Covid supplies granted by the USTR earlier on November 30, 2022, were included in the new exclusion total of 352 that were excluded until September 30, 2023. While there are some of the 81 covid exclusions that are included in the new list, the majority of the exclusions from November 30 were not included and those are still set to expire on February 28, 2023.