Deringer Trade Alerts

• HTS Revision 14 Includes Major Updates, USMCA, and 10-Digit Suffix Changes for Some Products
  July 7, 2020
  On July 1st, the US International Trade Commission (USITC) released a major update to the Harmonized Tariff Schedule (HTS). Revision 14 now includes the US Mexico Canada Agreement (USMCA), an additional Section 301 exclusion, and changes to 10-digit statistical suffixes for a variety of goods. USMCA New special program indicators (SPIs) of ...
• APHIS Core Implementation in ACE Delayed until January 2021
  July 2, 2020
  US Customs and Border Protection (CBP) shared that USDA’s Animal and Plant Health Inspection Service (APHIS) Core Message Set implementation in ACE would be extended until January 2021, according to CSMS 43224976 published yesterday. Prior to this extension, the APHIS Core was set to activate in ACE on August 3, ...
• BIEC Provides Guidance on Section 321 Shipments Regulated by PGAs
  July 2, 2020
  The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) increased the de minimis value exemption of Section 321 shipments from $200 to $800; however, most partner government agencies (PGAs) do not provide exemptions from their respective requirements based on value. The de minimis value allowed entries to pass free ...
• Montreal Longshore Workers Plan Strike Starting Thursday
  July 1, 2020
  Montreal longshore workers have planned a 40-hour strike at two marine terminals starting Thursday afternoon. As stated in the JOC yesterday, “The Maritime Employers Association (MEA) on Tuesday said it had received a 72-hour strike notice from the Canadian Union of Public Employees (CUPE) Local 375 informing them of the ...
• US-Mexico-Canada Agreement (USMCA) Goes into Effect; Final Implementing Instructions Released
  July 1, 2020
  Effective today, July 1st, NAFTA terminates, and the USMCA enters into force. The Final Implementing Instructions for USMCA (aka CUSMA) were released yesterday. The Background section states: “CBP understands that the trade may need time to adjust business practices to comply with the new requirements under the USMCA, particularly relating to the ...
• Traffic Mitigation Fee (TMF) in LA/LB Increasing on August 1st
  July 1, 2020
  On August 1, 2020, the Traffic Mitigation Fee (TMF) at the ports of Los Angeles and Long Beach will increase by 4.2 percent. The increase will bring the TMF charge per TEU to $33.47 or $66.94 for all sizes of containers. Empty containers, transshipment cargo, and import/export cargo transiting the ...
• USMCA Goes into Effect July 1st with Some Significant Differences from NAFTA, Importers Should Prepare
  June 15, 2020
  As of July 1st, the North American Free Trade Agreement (NAFTA) will no longer exist as the US-Mexico-Canada Agreement (USMCA) comes into effect—except for some automotive products for which there is a three-year transitional period. Many elements of NAFTA were retained in the new agreement; however, there are critical distinctions ...
• ILWU to Observe a Work Stop Day on June 19th, Some Container Movement Impacted
  June 11, 2020
  On June 19th, terminal operators and dock workers for the International Longshore and Warehouse Union (ILWU) will observe a “no workday” to commemorate the end of slavery in the US (sometimes known as Juneteenth). The work stoppage will be followed at West Coast ports, including Los Angeles, Oakland, Seattle, San ...
• USTR Grants 16 Extensions for Section 301 List One Exclusions, Set to Expire June 4th
  June 1, 2020
  The US Trade Representative (USTR) has extended sixteen exclusions from list one of the Section 301 tariffs imposed on Chinese imports. The exclusions, which were set to expire on June 4th, will be extended through December 31, 2020, and are retroactive to July 6, 2018. The extended exclusions will be ...
• Hong Kong’s Special Trade Privileges to Be Revoked
  June 1, 2020
  On Friday, May 29th, President Trump announced that the US would begin the process of revoking Hong Kong’s special trade status—which would take away its treatment as a separate customs territory. The move is a result of the national security powers China is imposing on Hong Kong, which is seen ...
• New Process for the Payment of Softwood Lumber Assessments, and Changes for Small Importers
  May 27, 2020
  Beginning July 1, 2020, importers of softwood lumber will pay assessments to US Customs and Border Protection (CBP) instead of to the Softwood Lumber Board (SLB). Companies that ship 15 million board feet (mmbf) or more of softwood lumber to the US annually must pay an assessment of $0.35/thousand board ...
• USTR Publishes Section 301 Exclusions, Amendments to Exclusions
  May 11, 2020
  Over the past week, the Office of the US Trade Representative (USTR) announced new product exclusions and exclusion amendments from the Section 301 tariffs on imports from China. On May 4th, the USTR published new products excluded from the $200 billion trade action (List 3). The specific products are listed in ...
• APHIS Core Takes Effect August 3rd; Resources Are Available
  May 8, 2020
  Beginning August 3, 2020, the Animal and Plant Health Inspection Service (APHIS) will require filing of “Core” partner government agency (PGA) data in ACE. According to the Federal Register notice, “On that date, APHIS intends to begin applying Harmonized Tariff Schedule (HTS) flags, which will alert filers who opt to ...
• USTR Seeks Comments on Expiration of Certain Section 301 Exclusions
  April 30, 2020
  The US Trade Representative (USTR) is seeking comments on Section 301 tariff exclusions, due on Chinese imported goods, which are set to expire in July. The specific exclusions are those falling under 9903.88.14 from List 1, which are set to expire July 09, 2020, and those falling under 9903.88.12 from ...
• CBP, FDA, & FEMA Provide Guidance Regarding Import/Export of COVID-19 Related Goods
  April 22, 2020
  The Federal Emergency Management Agency (FEMA) published a Federal Register notice on April 21, 2020, defining exemptions to the temporary rule allowing FEMA to reallocate certain PPE and COVID-19 related goods intended for export. The intent of the initial rule was to ensure that scarce PPE materials (e.g., N-95 respirators, ...
• CBP Publishes FAQ Regarding 90-Day Duty, Taxes, & Fees Deferment
  April 21, 2020
  On April 19, 2020, US Customs and Border Protection announced a 90-day deferment on the duties, taxes, and fees due on certain entries for importers experiencing a significant hardship attributable to COVID-19. The deferment included restrictions on the types of entries that qualify, and CBP defined “significant hardship” and payment ...
• USTR Extends Certain List 1 Section 301 Exclusions
  April 21, 2020
  On April 10, 2020, the Office of the US Trade Representative (USTR) extended certain exclusions from List 1 of the Section 301 tariffs on imported Chinese goods. The exclusions were set to expire on April 18, 2020, but have been extended through April 18, 2021. The extension affects 10-digit HTSUS ...
• Interim Implementation Instructions for USMCA Published
  April 21, 2020
  CBP has published interim implementation instructions for the US-Mexico-Canada Agreement (USMCA). The document provides “guidance with respect to preferential tariff claims under the USMCA.” Furthermore, the outlined procedures in the document “are in place pending the issuance of the applicable regulations.” For additional information on USMCA, please contact Deringer’s Compliance ...
• CBP Provides 90-Day Deferment of Duties for Importers Experiencing COVID-19 Related Hardships
  April 20, 2020
  On April 19, 2020, CBP released CSMS 42423171 announcing that the payment deadline for certain estimated duties, taxes, and fees would be postponed for 90 calendar days for importers experiencing a hardship attributable to the coronavirus (COVID-19). The definition of a significant hardship is specifically defined in the CSMS message. ...
• Certain PPE and Ventilators Temporarily Banned from US Export, Subject to FEMA Approval
  April 9, 2020
  Effective April 7th, a new temporary rule in the Federal Register bars the export of certain personal protective equipment (PPE) and ventilators without prior authorization from the Federal Emergency Management Agency (FEMA). The rule indicates the following goods are necessary medical resources to combat COVID-19 and subject to this rule: ...
• FDA (and Deringer) Provide Guidance for Importing COVID-19-Related Goods, CBP Requests Advance Notice
  April 2, 2020
  On March 24, 2020, the U.S. Food and Drug Administration released a statement asserting they were taking actions to help with the supply of COVID-19-related materials, such as personal protective equipment and devices. FDA’s announcement explains that the FDA has adjusted its import screening process to “further expedite imports of ...
• Lacey Act to Be Required on 29 New Tariff Lines, USDA Seeking Comments
  March 31, 2020
  On October 1, 2020, USDA’s Animal and Plant Health Inspection Service (APHIS) will start enforcing new Lacey Act import requirements on 29 new tariff lines. The additions are part of the sixth phase of Lacey Act declaration enforcement, which initially began in 2009. The Federal Register Notice includes these products: essential oils ...
• ITA Proposes Changes to Steel Licenses
  March 30, 2020
  The International Trade Administration is proposing to amend the informational requirements for steel licenses. These licenses are required for entries of steel into the US, under the  Steel Import Monitoring and Analysis (SIMA) System. The proposal will require the identification of the country where the steel was melted and poured and would ...
• CBP No Longer Accepting Duty Deferral Requests
  March 26, 2020
  In a message published today, US Customs and Border Protection (CBP) announced that it would no longer accept duty deferral requests that were authorized on March 20th in CSMS 42097586. The initial reprieve allowed for additional days to pay duty, taxes, and fees due to the COVID-19 emergencies; requests for ...
• Cargo Transportation Unaffected by Provincial State of Emergency Declarations
  March 26, 2020
  Ontario and Quebec closed non-essential services earlier this week, and New Brunswick and Nova Scotia have limited non-essential services and tightened provincial entry points. However, there have been no measures affecting the carriage of goods between the US and Canada or between provinces. Many provinces have declared a state of emergency ...
• Cross-Border Flow of Goods Continues, Despite Shutdown of Non-Essential Businesses in ON & QC
  March 24, 2020
  Although non-essential services in Ontario and Quebec are shutting down, there have been no orders prohibiting the shipment of goods between the US and Canada. According to Amy Magnus, National Customs Brokers and Forwarders Association of America President and Deringer’s Director of Compliance and Customs Affairs, “At this time, NCBFAA ...
• CBP Confirms Termination of Antidumping Duties on Fabricated Structural Steel
  March 23, 2020
  In February, the US International Trade Commission (USITC) determined that antidumping/countervailing duties (AD/CVD) would no longer be imposed on fabricated structural steel (FSS) from China, Canada, and Mexico. The USITC confirmed the determination for Canada-origin FSS with a Federal Register notice, which provides a negative final judgment in the antidumping ...
• Border and Interior US Open for Truck Deliveries; Transportation Considered an Essential Service
  March 20, 2020
  “Shelter-in-place” and “stay-at-home” orders have been issued in various states and communities around the US; however, the flow of goods into the country is considered an “essential” function by the US Department of Homeland Security (DHS). In DHS’ “Memorandum on Identification of Essential Critical Infrastructure Workers during COVID-19 Response,” truckers, ...
• US Port Operations Update
  March 20, 2020
  Reduced shipping activity, and one case of the coronavirus, are impacting US port operations across the country: Port of Houston The Barbours Cut and Bayport Terminals at the Port of Houston reopened today following an investigation into a worker who had tested positive for COVID-19 (i.e., the coronavirus). Other workers’ exposure was ...
• Suspended Operations at Port of Houston Terminals
  March 19, 2020
  The Port of Houston has shut down its Barbours Cut and Bayport Container Terminals, following an ILA worker’s positive test for COVID-19 (i.e., the coronavirus). The employee worked at both terminals. Other public facilities at the port remain operational, including the Houston Ship Channel and more than 200 private terminals. ...