Deringer Trade Alerts

• 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 ...
• USTR Cancels 10% Section 232 Tariffs on Canadian-Origin Aluminum, Retroactive to September 1st
  September 15, 2020
  The Office of the US Trade Representative (USTR) released a statement today announcing that the Section 232 tariffs of 10% on Canadian-origin, non-alloyed, unwrought aluminum will be rescinded. Duty-free treatment of these goods will be retroactive to September 1, 2020. The tariff initially went into effect on August 16, 2020. The ...
• Importers May Be Due Refunds on Section 301 Lists 3, 4A Tariffs; Action Required by September 18th
  September 15, 2020
  A lawsuit was filed in the Court of International Trade (CIT) on September 10, 2020, claiming the Office of the US Trade Representative (USTR) overstepped its authority regarding the Section 301 actions on Chinese goods, specifically Lists 3 and 4A. If the suit is successful, importers who file independently could ...
• CBP Issues Withhold Release on Select Chinese Goods for Forced Labor Violations
  September 15, 2020
  In a release issued yesterday, September 14, 2020, US Customs and Border Protection (CBP) announced they had issued five withhold release orders (WRO) on products from the Xinjiang Uyghur Autonomous Region of China. These products are subject to the WROs because they are produced with state-sponsored forced labor. CBP’s release ...
• Section 301 List 4 Tariff Exclusions: USTR Extends Some, Many Expire September 1, 2020
  September 2, 2020
  The Office of the US Trade Representative (USTR) granted 87 Section 301 List 4 exclusion extensions, leaving more than 100 to expire on September 1, 2020. The exclusion extensions granted will expire December 31, 2020. Goods not included in the exclusion extensions will be subject to the additional 7.5 percent ...
• USTR Actions Affect Mexican and Brazilian Steel—Still Exempt from Section 232
  September 2, 2020
  On August 31, 2020, the Office of the US Trade Representative (USTR) published a press release announcing measures to continue protecting the United States’ steel industry. The most recent protections focus on steel imports from Mexico and Brazil. To address recent surges in imports of certain steel products—standard pipe, mechanical tubing, ...
• Port of Houston Prepares for Hurricane Laura
  August 25, 2020
  The Port of Houston is monitoring weather conditions resulting from Hurricane Laura, currently positioned in the Gulf. The Bayport and Barbours Cut container terminals will close this afternoon with all truck in-gates by 4:00 PM and all trucks serviced by 5:00 PM CT. All port terminals will remain closed through ...
• Hong Kong Marking Transition Period Extended to November
  August 25, 2020
  In CSMS 43729326 dated August 21, 2020, US Customs and Border Protection (CBP) informed the trade that the transition period for importers to comply with the new marking requirements for the importation of Hong Kong goods has been extended for an additional 45 days to November 9, 2020. The original ...
• FDA Provides 2020 Biennial Food Facility Registration Renewal Reminder
  August 25, 2020
  The US Food and Drug Administration (FDA) has published tips in preparation for the 2020 biennial food facility registration renewal. The registration renewal period takes place between October 1, 2020, and December 31, 2020. “Ensure that your FURLS <FDA Unified Registration and Listing System> account is up to date with a ...
• Port of Montreal Returns to Work After 12-Day Strike
  August 24, 2020
  After a 12-day strike, the Longshoremen Union CUPE Local 375 and the Montreal Checkers’ Union at the Port of Montreal have returned to work. A deal was reached on Friday, laying out a seven-month plan to continue negotiations with management without the threat of work stoppages. The two sides hope ...
• Hong Kong Goods Not Subject to Chinese Tariffs, Confirms CBP
  August 13, 2020
  In frequently asked questions (FAQ) published on August 12, 2020, US Customs and Border Protection confirmed that the recent marking changes for Hong Kong goods will not subject the goods to Chinese tariffs. The FAQ responds to questions that have arisen since an executive order requires importers to indicate an ...
• Goods Produced in Hong Kong Must Be Marked with an Origin of China, Starting September 25th
  August 10, 2020
  Effective September 25, 2020, U.S. Customs and Border Protection will require goods produced in Hong Kong to be marked with an origin of China. The change follows the July 14th Executive Order ending Hong Kong’s special trade status. According to the Federal Register Notice, set for publication tomorrow on August 11, ...
• Indefinite Strike Planned at the Port of Montreal Starting August 10th
  August 7, 2020
  The Canadian Union of Public Employees (CUPE), Local 375, representing longshoremen at the Port of Montreal, has provided a 72-hour general strike notice to management. The strike is scheduled to start on Monday, August 10th, at 7:00 AM ET, and is indefinite in duration. All terminals at the Port of ...
• USTR Extends Section 301 List 3 Product Exclusions, Grants New List 4 Exclusions
  August 7, 2020
  On August 6, 2020, the US Trade Representative (USTR) extended certain product exclusions from Section 301 List 3. The extended exclusions cover 21 ten-digit subheadings and 245 product descriptions imported from China, including types of freeze-dried fruit, fabrics and textiles, and pumps. More than 700 exclusions were not included in ...
• Section 232 Duties to be Imposed on Non-alloyed Unwrought Aluminum from Canada
  August 7, 2020
  Effective August 16, 2020, the US will impose Section 232 duties on imports of non-alloyed unwrought aluminum from Canada.  A Presidential Proclamation published yesterday stated, “it is necessary and appropriate to re-impose the 10 percent ad valorem tariff …on imports of non-alloyed unwrought aluminum articles from Canada, commensurate with the ...
• Port of Montreal Prepares for Another 72-Hour Strike
  July 31, 2020
  The Canadian Union of Public Employees (CUPE) Local 375 has planned a 72-hour strike at the Termont terminals at the Port of Montreal. The strike is planned for August 3, 2020, at 7:00 AM through August 7, 2020, at 6:59 AM. Both the Viau and Maisonneuve terminals are being targeted. Following ...
• Merchandise Processing Fees Increase on October 1, 2020
  July 29, 2020
  US Customs & Border Protection (CBP) has increased the minimum and maximum Merchandise Processing Fees (MPF). The new fees will become effective on October 1, 2020. The ad valorem rate of 0.3464 percent remains the same. The new FY2021 MPF rates are: Minimum Merchandise Processing Fee- $27.23 Maximum Merchandise Processing Fee- $528.33 Informal Entry Merchandise ...
• Checkers at Port of Montreal to Strike for 36 Hours
  July 29, 2020
  According to the Canadian International Freight Forwarders Association (CIFFA),  the Maritime Employers Association (MEA) received a notice to strike from the Port of Montreal Checkers union’s executive committee. The Port of Montreal Checkers notice stipulates a 36-hour strike beginning on Friday, July 31, at 5:59 AM ET and expiring on ...
• End to Hong Kong’s Special Trade Status Does Not Mean Additional Duties
  July 24, 2020
  The recent Executive Order (EO) ending Hong Kong’s special trade status will not “result in additional tariffs on goods from Hong Kong,” according to International Trade Today who quoted a senior administration official’s email dated July 23, 2020. “The July 14, 2020, Executive Order on Hong Kong Normalization does not ...
• Port of Montreal Anticipates 72-Hour Strike
  July 24, 2020
  The Port of Montreal anticipates a 72-hour strike beginning on July 27, 2020, at 7:00 AM ET. The general strike will impact all terminals except for Oceanex services and the grain terminals. The Maritime Employers Association (MEA) said the strike will go through 6:59 AM on July 31, 2020. Negotiations ...
• Section 301 Tariffs List 4: More Exclusions Granted
  July 22, 2020
  A new round of product exclusions from Section 301 List 4 tariffs on goods originating in China has been published by the US Trade Representative (USTR). The list of “11 existing ten-digit HTSUS subheadings and 53 specially prepared product descriptions” account for 242 separate exclusion requests. The exclusions represent various ...
• Section 301 Tariffs Being Applied to French Goods in 2021
  July 16, 2020
  The U.S. Trade Representative (USTR) announced on July 10, 2020, that certain French goods would be subject to Section 301 duties. The USTR will apply a 25% duty on 21 tariff lines, including cosmetics, soaps, and handbags. The action has been delayed until January 6, 2021, the longest possible extension ...
• Court Determines Section 232 Actions on Turkish Steel
  July 16, 2020
  A Court of International Trade (CIT) panel shared in a July 14th decision that President Trump violated Section 232’s procedural requirements regarding tariffs on Turkish steel. The decision concerned a 2018 action when President Trump raised Section 232 tariffs on Turkish steel from 25% to 50%, implementing the increase approximately ...
• Hong Kong’s Special Trade Status Ended
  July 16, 2020
  On July 14, 2020, an executive order from President Trump ended Hong Kong’s special trade status stating the “Special Administrative Region of Hong Kong (Hong Kong) is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China (PRC or China).” Specifically, this action is ...