Deringer Trade Alerts

• USTR Seeks Comments for Section 301 Tariff Exclusion Renewals
  October 12, 2021
  The U.S. Trade Representative (USTR) launched a web portal to receive public comments on the possible reinstatement of certain previously expired Section 301 tariff exclusions.  Currently, there are no exclusions from List 1, List 2, List 3, and List 4A tariffs – except for some COVID PPE-related items – so ...
• World Trade Organization Launches New Tool for Tracking Changes in Product Nomenclatures
  October 8, 2021
  On October 7, the World Trade Organization (WTO) launched a new online tool that tracks changes to the Harmonized Commodity Description and Coding System (HS).  The HS Tracker was developed to assist Customs officials and traders in preparing for HS amendments that will take place effective January 1, 2022. The HS ...
• Section 301 Exclusion Process to be Restarted by Biden Administration
  October 5, 2021
  The Office of the U.S. Trade Representative (USTR) announced on October 4, 2021, that the Biden Administration intends to soften its approach on punitive tariffs against the People’s Republic of China (PRC). The press release states, “Today, we are announcing the initial steps we will take to re-align our trade policies towards ...
• FSIS Issues Updated Guidelines for Kit Product Labeling
  September 29, 2021
  The USDA’s Food Safety and Inspection Service (FSIS) issued a Federal Register notice on September 21, 2021, with an updated guideline for packaged meal kits that contain inspected and assembled meat or poultry components.  The guideline aids in determining whether a meal kit product needs to be prepared under FSIS ...
• Commerce Updates Regulations and Enforcement of Antidumping and Countervailing Duty Laws
  September 28, 2021
  The Department of Commerce published a final rule in the Federal Register on September 20, 2021, that amended existing regulations and created new ones to improve its administration and enforcement of the antidumping (AD) and countervailing duty (CVD) laws. The final rule modifies the agency’s regulations concerning industry support, new shipper ...
• CBP Announces Adjusted COBRA Fees for Fiscal Year 2022
  September 23, 2021
  According to CSMS 49296457, US Customs and Border Protection (CBP) has announced an adjustment of certain COBRA Customs user fees and limitations for the Fiscal Year 2022, required as of October 1, 2021. A complete list of these fees and the methodology used in determining them can be found in the ...
• CBP Issues New Guidance Regarding Imports of Goods Returning to the United States
  September 8, 2021
  On August 20, 2021, U.S. Customs & Border Protection issued CSMS #49132200, updating and clarifying the documentary requirements to support a duty-free claim under 9801.00.10.  Importers wishing to enter goods that have been previously exported from the United States and are now being returned with a duty-free claim under subheading ...
• Agricultural Marketing Service Calls Out Importation of Potatoes to be Used in Potato Salad
  August 24, 2021
  When importing potatoes, there are many post-import processes that exempt potatoes from Agricultural Marketing Service (AMS) grading standards and inspection.  However, 7 CFR § 980.1(j) defines the term “processing” and specifically calls out potatoes used for potato salad. Exemptions. (1) The grade, size, quality and maturity requirements of this section shall not be ...
• Positive Covid Case Causes Closure of Key Terminal at Ningbo Port
  August 12, 2021
  The Ningbo Meidong Container Terminal, a major terminal at the Port of Ningbo, was shut down indefinitely on Wednesday due to a worker testing positive for Covid-19.  At this time, the rest of the Ningbo shipping port remains operational, but the suspension could cause significant problems for container movement in ...
• Canada Border Services Agency Strike Comes to an End, Tentative Agreement Reached
  August 10, 2021
  Hours after the Canada Border Services Agency (CBSA) work-to-rule strike began on Friday, a tentative agreement was reached between the Public Service Alliance of Canada (PSAC), which represents the CBSA employees, and the Treasury Board of Canada, representing the federal government.  While the deal still needs to undergo ratification, further ...
• Canada Border Services Agency Begins Work-To-Rule Strike
  August 6, 2021
  Members of the Canada Border Services Agency (CBSA) began a work-to-rule strike at ports of entry across the country at 6 a.m. this morning, which is expected to drastically impact Canada’s supply chain. While the labor action is not a full strike, the slowdown is causing long lineups and many delays ...
• CBP Doubles Down on Withhold Release Orders
  August 5, 2021
  The Tariff Act of 1930 prohibits the importation of goods manufactured with the use of forced labor.  This includes prison labor, forced labor, and indentured child labor.  Prior to the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), the Tariff Act included a clause that allowed for the importation ...
• Restrictions on Import Rail Traffic into the U.S.
  July 21, 2021
  The international intermodal supply chain is experiencing significant impacts due to the record high volume of imports into the U.S.  As a result, MSC rail vendor (BNSF) is restricting import rail traffic from the U.S. West Coast ports of Los Angeles and Long Beach.  This will impact the delivery of ...
• West Coast Rail Services into Chicago Being Suspended
  July 20, 2021
  The Union Pacific Railroad (UP) announced a seven-day pause beginning on July 19th for Eastbound traffic from the U.S. West Coast terminals (Los Angeles, Long Beach, Oakland, Tacoma) to the Global IV terminal in Joliet, IL.  The UP is using this time to reduce the rail backlog en route and ...
• Southeast Asia Suffering from New COVID Restrictions
  July 20, 2021
  New COVID restrictions are disrupting manufacturing and logistics throughout Southeast Asia.  Malaysia is experiencing the highest number of cases, rising to over 10,000, and lockdowns remain throughout the country.  This is affecting traffic out of Selangor/Kuala Lumpur/Port Klang.  The majority of employees are working from home in all sectors, so ...
• APHIS Delays Implementation of Phase VI Lacey Act Reporting Requirements
  July 13, 2021
  On March 31, 2020, the Department of Agriculture Animal and Plant Health Inspection Service (APHIS) announced Phase Six of the Lacey Act enforcement schedule would begin on October 1, 2020. This date was later changed to July 1, 2021, after public comment. On July 2, 2021, APHIS published additional information ...
• BC Wildfires Cause Disruption in Canada’s Freight Supply Chain
  July 9, 2021
  Recent wildfires in British Columbia damaged tracks and caused train shipments to stop, creating a bottleneck of exports and delaying imports.  The tracks affected are operated by Canadian Pacific Railway Ltd. (CPR) and Canadian National Railway Co. (CNR), two companies that account for the bulk of train transportation in Vancouver. CPR ...
• BNSF Railway Company Taking Necessary Steps to Increase Capacity
  July 2, 2021
  BNSF has announced storage policy and flip changes at Logistics Park Chicago (LPC) and the Los Angeles intermodal facilities in response to the historically strong intermodal demand. The following changes are being implemented to address the current challenges and become effective Monday, August 2, 2021: Storage policy changes at LPC Adjusted flip ...
• The Traffic Mitigation Fee at the Ports of Los Angeles and Long Beach will increase by 2.2 later this year.
  June 30, 2021
  The West Coast MTO Agreement (WCMTOA) announced that the Traffic Mitigation Fee (TMF) at the Ports of Los Angeles and Long Beach will increase by 2.2 percent on August 1, 2021. The TMF will be $34.21 per TEU or $68.42 for all other sizes of containers and is charged on ...
• Congestion in Asia’s Supply Chain Continues to Grow
  June 11, 2021
  There are continued shipping delays out of Southern China as recent coronavirus outbreaks in Yantian add to the ongoing congestion and shortage of empty containers.  Yantian is one of the top-ranking ports in the Transpacific, with 3.2 million TEU moving in the past 12 months (per Datamyne). Neighboring ports Nansha, Shekou, ...
• Department of Commerce Fully Implements Mandatory Aluminum Licensing Requirement
  June 11, 2021
  The import license reporting requirement under the United States Department of Commerce “Aluminum Import Monitoring and Analysis System” (AIM) will become mandatory on June 28, 2021. The AIM system requires importers and Customs brokers to apply for and obtain an import license for each entry of certain aluminum products into the ...
• Congestion and Coronavirus Outbreak Cause Yantian Port Closure
  May 27, 2021
  Shenzhen’s Yantian Port, one of the busiest ports in China, has closed its export operations due to congestion and a recent Coronavirus outbreak.  The closure began on May 25th and will continue through May 30th. Imports and empty container movements are still operating as normal, and the port will start to ...
• Fish and Wildlife Service to Disclose Confidential Importer Information; Objection Deadline Approaching
  May 27, 2021
  Due to a recent Freedom of Information Act request, the U.S. Fish and Wildlife Service (FWS) is set to publicly release information related to the imports and exports of wildlife specimens and flora into and out of the U.S. The request seeks all data stored in the Law Enforcement Management Information ...
• Commerce Planning to Raise AD/CVD Duties on Canadian Lumber
  May 25, 2021
  The U.S. Department of Commerce (DOC) is preliminary set to increase antidumping (AD) and countervailing duties (CVD) on Canadian softwood lumber following AD and CVD administrative reviews.  The increase could take place at the end of November and would double the current duties if implemented.  The current average tariff for ...
• House of Commons Passes Bill: Port of Montreal to Resume Operations
  May 3, 2021
  Following the recent partial strike and an indefinite general strike at the Port of Montreal, workers are back on the job, and operations have resumed this weekend after the Senate passed Bill C-29 on Friday evening.  Although all terminals will be open and in service, it will take several days ...
• Port of Montreal Union Announces Indefinite Strike
  April 23, 2021
  The union representing the Port of Montreal longshore workers has announced an indefinite strike on the territory of the Port of Montreal, including the Contrecoeur terminal, effective Monday, April 26, 2021, at 7:00 AM.  Normal trucking service and operations will be maintained until Friday, April 23, at 11:00 PM.  This ...
• Port of Montreal Union Announces 72-Hour Partial Strike
  April 13, 2021
  On Saturday, the union representing the longshoremen at the Port of Montreal issued a 72-hour notice of a partial strike that will impact all terminals at the port. The work slowdown would include discontinuing overtime work, docking activities, training, and weekend work, but the port will continue working regular hours. ...
• FDA Ups the Ante on FSVP Compliance
  April 13, 2021
  With most aspects of the US Food and Drug Administration’s Food Safety Verification Program (FSVP) in place last year, the FDA will begin stricter enforcement of the regulations in 2021. During the Regulatory Agencies Committee (RAC) monthly meeting (a committee of the National Customs Brokers and Forwarders Association of America), ...
• FDA Extends Time to Obtain Unique Facility Identifier for Registration/Biennial Renewal
  March 31, 2021
  The US Food and Drug Administration (FDA) has announced the time to obtain and submit a unique facility identifier (UFI), a new datapoint required for registration/biennial registration, has been extended to December 31, 2022. Currently, the only acceptable UFI is a DUNS number assigned by Dun & Bradstreet, and the ...
• USTR Suspends Free Trade Engagement with Burma
  March 31, 2021
  Yesterday, the US Trade Representative (USTR) published a press release announcing that the US would suspend all engagement with Burma under the 2013 Trade and Investment Framework Agreement (TIFA), effective immediately. The announcement is in response to Burmese security forces’ brutal violence against civilians. The press release reads, “the USTR will ...