Deringer Trade Alerts

• For Now, USTR Will Not Impose Section 301 Tariffs on Vietnam Imports
  January 25, 2021
  On January 15, 2021, the Office of the US Trade Representative (USTR) issued a press release announcing that the US would not impose Section 301 tariffs on Vietnam imports. The news follows a Section 301 investigation regarding “Vietnam’s acts, policies, and practices related to currency valuation” initiated in October of ...
• Aluminum Import Monitoring and Analysis System Launch Delayed Until March 2021
  January 25, 2021
  The Aluminum Import Monitoring and Analysis (AIM) System launch has been delayed from January 25, 2021, to March 29, 2021. The new system will act similarly to the Steel Import Monitoring and Analysis System: it will require aluminum importers, or their Customs brokers, to submit information via an online portal ...
• CBP Announces Two-Stage Enforcement of Animal and Plant Health Inspection Service (APHIS) Core
  January 22, 2021
  On January 21, 2021, US Customs and Border Protection (CBP) published CSMS 45773761, announcing two-stage enforcement of the APHIS Core message set. The phased enforcement is intended to provide importers and other stakeholders with time to adjust to the data requirements. Specifically, the message stated: “The first stage of enforcement will commence ...
• Steel and Aluminum Section 232 Tariff Exemptions, Quota Guidance Published by CBP
  January 14, 2021
  In December, the Bureau of Industry and Security (BIS) published a Federal Register Notice, which issued 123 new Section 232 tariff exclusions on steel and aluminum products, as well as a new process for requesting product exclusions from these measures. The new exclusions, called general approved exclusions (GAE), apply to ...
• Withhold Release Order on Cotton and Tomato Products from China’s Xinjiang Uyghur Region
  January 14, 2021
  A new withhold release order (WRO) was announced by US Customs and Border Protection (CBP) on cotton and tomato products from China’s Xinjiang Uyghur Autonomous Region. Effective January 13, 2021, the WRO requires CBP to detain all cotton and tomato products grown or produced in the Xinjiang province, including apparel, ...
• USTR Imposes Additional Section 301 Tariffs on EU Products
  January 5, 2021
  In a December 30, 2020, press release, the Office of the US Trade Representative (USTR) announced that additional Section 301 tariffs on certain European Union (EU) goods would be adjusted as part of the ongoing large civil aircraft dispute. “Products subject to the additional tariffs include aircraft manufacturing parts from ...
• GSP and MTB Expired December 31, 2020
  January 5, 2021
  The Generalized System of Preferences (GSP) and the Miscellaneous Tariff Bill (MTB) expired on December 31, 2020. As of the New Year, importers must pay duty on goods previously eligible for GSP and MTB. When GSP expired in the past, it was made effective retroactively after its renewal. Additionally, US Customs ...
• USMCA Changes Announced Regarding MPF, FTZs, and Restrained Enforcement Period
  December 30, 2020
  US Customs and Border Protection (CBP) published CSMS #45309245 on December 29, 2020, providing updates regarding the US-Mexico-Canada Agreement (USMCA). The update includes changes to the treatment of goods entered through foreign trade zones (FTZs), availability of merchandise processing fee (MPF) refunds, and the end of the restrained enforcement period. On ...
• APHIS Core Filing Begins January 25th; Importers Should Prepare Now
  December 30, 2020
  Beginning January 25, 2021, the Animal and Plant Health Inspection Service (APHIS) will require the mandatory filing of its “Core” partner government agency (PGA) message set in the Automated Commercial Environment (ACE). This programming change will shift licensing, permits, and the data required for entry processing to ACE for APHIS-regulated ...
• Aluminum Products: New Licensing Requirements Starting January 25
  December 28, 2020
  On January 25, 2021, new licensing requirements for aluminum products will take effect under a US Commerce Department final rule, which established the Aluminum Import Monitoring and Analysis (AIM) System. The new system acts similarly to the Steel Import Monitoring and Analysis System: it will require aluminum importers, or their ...
• Section 301 Exclusions of Certain COVID-19 Medical Products Extended to March 31, 2021
  December 23, 2020
  The Office of U.S. Trade Representative (USTR) announced today the determination to “extend certain product exclusions and to make further modifications to remove Section 301 duties from additional medical-care products to address COVID-19.”  In a notice posted to it’s website, the USTR “determined that maintaining or re-imposing additional duties on ...
• GSP, MTB, and Many Section 301 Exclusions Set to Expire Soon
  December 22, 2020
  The Generalized System of Preferences (GSP) and the Miscellaneous Tariff Bill (MTB) are scheduled to expire at the end of this year. Neither trade provision is earmarked for legislative review before the year’s end. When GSP expired in the past, it was made effective retroactively after its renewal. Additionally, US Customs ...
• ACE Will Flag AD/CVD Entries Under EAPA Investigation, Starting in January
  December 22, 2020
  US Customs and Border Protection (CBP) has declared antidumping and countervailing duties (AD/CVD) a trade priority, and an upcoming Automated Commercial Environment (ACE) update speaks to that initiative. Beginning January 16, 2021, an update to ACE will include indicator flags for entry summaries subject to AD/CVD, which are under an ...
• Reminder: 2020 Food Facility Registration Renewal Closing on 12/31/20
  December 9, 2020
  The US Food and Drug Administration (FDA) sent a notice on December 1, 2020, reminding food importers of the food facility registration renewal period ending December 31, 2020. If your registration is not renewed by 11:59 PM on December 31, 2020, the registration is considered expired and will be removed ...
• CBP Issues Sixth Withhold Release Order on Certain Chinese Cotton, Cotton Goods for Forced Labor
  December 9, 2020
  Last week, US Customs and Border Protection (CBP) issued another withhold release order (WRO) on certain imported goods from China. CBP issued the WRO on December 2, 2020, based on “information that reasonably indicated the use of forced labor, including convict labor.” The WRO applies to all cotton and cotton ...
• Antidumping & Countervailing a Priority Trade Issue for CBP; Deringer Highlights Compliance
  November 19, 2020
  Antidumping (AD) and countervailing (CVD) law enforcement are among CBP’s priority trade issues.  In Fiscal Year 2020, US Customs and Border Protection (CBP) prevented importers from evading $287 million in duties owed to the US government through the Enforce and Protect Act (EAPA), which represents a 500% increase since the ...
• European Union Imposes Tariffs on $4 Billion Worth of US Goods
  November 11, 2020
  In response to a long-running dispute over aircraft subsidies, the European Union imposed tariffs on $4 billion worth of US goods. Beginning November 10, 2020, there will be an additional 15 percent tariff on large aircraft and a 25 percent tariff on food goods and other products. Examples of impacted ...
• Full Implementation of Fish and Wildlife Service Message Set Delayed in ACE
  November 11, 2020
  Full implementation of the US Fish and Wildlife Service (FWS) message set in the Automated Commercial Environment (ACE) will be delayed until March 2021, according to CSMS 44749998, published by US Customs and Border Protection (CBP) on November 9, 2020. “FWS is still in the process of formulating regulations requiring ...
• CSMS Reiterates Section 232 Aluminum Exclusions for Canada
  November 3, 2020
  US Customs and Border Protection (CBP) released CSMS 44591106 on October 29, 2020, updating Section 232 guidance on imported aluminum articles from Canada. The CSMS reiterated the Presidential Proclamation issued by President Trump on October 27, 2020, which reinstated Section 232 exclusions for certain non-alloyed unwrought aluminum articles from Canada. ...
• Generalized System of Preferences (GSP) Changes Announced in Presidential Proclamation
  November 3, 2020
  Following an October 30, 2020, Presidential Proclamation, a series of changes will affect the Generalized System of Preferences (GSP). The Proclamation adds fresh-cut roses and removes parboiled rice from the list of GSP-eligible goods, effective November 1. Also, starting December 30, GSP benefits for certain products from Thailand will be ...
• CTPAT Publication Reminds Highway Carriers to follow FAST Requirements
  November 3, 2020
  Highway carriers should be careful to follow the Free and Secure Trade (FAST) lane requirements during this busy shipping season. US Customs and Border Protection reminded carriers to follow FAST guidance in a July Customs Trade Partnership Against Terrorism (CTPAT) Alert. The reminder included these points and others: Follow all FAST and ...
• Los Angeles/Long Beach Cargo Congestion Causing Delays and Unexpected Charges
  October 29, 2020
  A surge of inbound goods to the West Coast has resulted in cargo congestion. In particular, some importers using the ports of Los Angeles and Long Beach are incurring demurrage, detention, additional chassis fees, and peak season charges from trucking companies. The movement of freight is hampered by numerous factors: ...
• CBP and White House Warn Enforcement against Counterfeit Goods and Intellectual Property Rights Violations
  October 28, 2020
  US Customs and Border Protection (CBP) has listed Intellectual Property Rights among its priority trade issues. The White House also highlighted this focus with an October 13th presidential memoranda urging more aggressive enforcement, specifically fines and civil penalties, to stop counterfeit trafficking on e-commerce platforms. Furthermore, in response to a ...
• CBP’s Forced Labor Focus; Forced Labor Fact Sheet Available
  October 22, 2020
  Forced labor has increasingly become a focus for US Customs and Border Protection (CBP), in part due to regulatory changes brought about by the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). Recently, CBP issued withhold release orders on cotton, apparel, computer parts, and hair products from China for forced labor ...
• Section 301 Lists 3 and 4A Refund Lawsuit – It’s Not Too Late
  October 8, 2020
  Importers still have time to file a suit to recover duties paid plus interest for Chinese goods subject to Section 301 Lists 3 and 4A. Less than a month ago, importers were given short notice (see Deringer trade alert dated 9/15) to file these suits with the Court of International ...
• APHIS Core Implementation Set for January 25, 2021
  October 5, 2020
  In CSMS 44279127, US Customs and Border Protection (CBP) announced the postponement of the APHIS Core message set in the Automated Commercial Environment (ACE) until January 25, 2021. Originally, the implementation was set for August 3, 2020.  The decision to delay implementation was made by the US Department of Agriculture’s (USDA) ...
• Electronic Phytosanitary Certificates Functionality Moving to ACE
  September 24, 2020
  US Customs and Border Protection (CBP) will deploy functionality to integrate Electronic Phytosanitary Certificates (ePhyto) into the Automated Commercial Environment (ACE) on September 26, 2020. This change will help automate phytosanitary certificates by using the Animal and Plant Health Inspection Service (APHIS) in ACE as the new channel for submission. According ...
• New Steel Import License Platform Launching Mid-October; New Data Element Required
  September 22, 2020
  Beginning on October 13, 2020, users will find changes in the Steel Import Monitoring and Analysis (SIMA) system. A new field will require users to indicate the country of melt and pour on all standard licenses (regardless of country of origin). On this date, SIMA will also be updated for ...
• CBP Announces Fiscal Year 2021 Customs User Fees
  September 21, 2020
  According to CSMS 44153809, US Customs and Border Protection (CBP) has announced the new Customs user fees and limitations for the fiscal year 2021. CBP’s fiscal year 2021 begins October 1, 2020, which is when the fees will go into effect. A complete list of these fees and the methodology ...
• Exclusions for Over 100 Section 301 Goods to Expire September 20th
  September 18, 2020
  On September 20, 2020, over 100 exclusions from Lists 1 and 2 of the Section 301 tariffs on Chinese goods are set to expire. The Office of the US Trade Representative (USTR) granted exclusion extensions for 62 of the 310 exclusions found on List 1 and 17 of the 86 ...