Customs Corner
Trade and Customs Updates
CB&P Provides Guidance on Processing Payments for Entry Summary Cancellations
US Customs and Border Protection (CBP) has provided updates to the entry summary cancellation policy under CSMS #58168088. CBP will now allow the original entry summary to be cancelled and replaced if there is a valid bond on file, and the replacement entry summary has been scheduled for payment. Prior to this guidance, the replacement summary had to be paid to have the original entry cancelled.
Per the CSMS:
“This action will be beneficial to the Trade, as CBP will no longer demand payment to be tendered on both the original and the replacement entry when a cancellation request is submitted with a cover letter and supporting documentation while the original entry summary lingers within the 10 business days of filing summary on a daily payment or 15 business days in the next month for periodic payment.
If the duty is paid on the original entry summary and goes into CBP control, the broker should request an administrative refund by filing a cancellation request cover letter and supporting documentation. If the request is found to be valid, the administrative refund will be processed first, followed by the cancellation of the entry summary.”
The administrative refund process noted within the CSMS was and remains the process moving forward for duty paid entries requiring cancellation.
The Consumer Product Safety Commission Announces the Start of the Beta Pilot Test
The Consumer Product Safety Commission (CPSC) has announced in CSMS #58108710 the kick-off for its beta pilot test of its PGA Message Set (eFiling). The beta pilot test has over 30 volunteers and will test importers and broker’s ability to electronically file certificate data at the time of entry filing. It will also test CPSC’s capability to collect, and risk assess this data and inform rulemaking to make eFiling permanent. CPSC expects full implementation of eFiling by early 2025.
Additional information can be found at www.cpsc.gov/eFiling.
Questions can be sent to eFilingPilot@cpsc.gov.
CPSC – Clothing Textile Flammability Standard Revised
In a Federal Register notice issued on October 25, 2023 the Consumer Product Safety Commission announced the final rule amending the flammability standard of clothing textiles. This rule is scheduled to take effect on April 22, 2024. It will not only amend the standard of flammability but also expand permissible equipment and materials, and update equipment requirements that are currently in place.
Per the notice:
“Because the Standard applies to clothing and textiles intended to be used for clothing, it applies to both non-children’s products and children’s products. Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C. 2051–2089) includes requirements for testing and certifying that non-children’s products and children’s products comply with applicable mandatory standards issued under any statute the Commission administers, including the FFA. 15 U.S.C. 2063(a). The Commission’s regulations on certificates of compliance are codified at 16 CFR part 1110.”
EPA Finalizes the Ban of Hydrofluorocarbons – Set to Take Effect Starting in 2025
The U.S. Environmental Protection Agency (EPA) is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act. EPA is restricting the use of HFCs, whether neat or used in a blend, with high global warming potentials (GWPs) within the refrigeration, air conditioning, and heat pump (RACHP), foam, and aerosol sectors.
Per the Federal Register notice:
The U.S. Environmental Protection Agency (EPA) is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act of 2020, codified at 42 U.S.C. 7675 (AIM Act or the Act). The AIM Act authorizes EPA to address hydrofluorocarbons (HFCs) in three main ways: phasing down HFC production and consumption through an allowance allocation program; promulgating certain regulations for purposes of maximizing reclamation and minimizing releases of HFCs from equipment; and facilitating sector-based transitions to next-generation technologies. This rulemaking focuses on the third area—facilitating the transition to next-generation technologies by restricting use of HFCs in the sectors or subsectors in which they are used.
EPA is restricting the use of HFCs, whether neat or used in a blend, with high global warming potentials (GWPs) within the refrigeration, air conditioning, and heat pump (RACHP), foam, and aerosol sectors. EPA is prohibiting the manufacture, import, or installation of certain equipment across approximately 40 subsectors, either based on overall GWP limits or restrictions on use of specific HFCs.
The compliance dates for these restrictions vary depending on the subsector ranging from January 1, 2025, to January 1, 2028. The final rule prohibits the sale, distribution, and export of factory completed products that do not comply with the relevant restrictions three years after the prohibition on manufacture and import. EPA is not regulating at this time actions with respect to components needed to service or repair existing systems. EPA is finalizing labeling, annual reporting, and recordkeeping requirements for products and specified components that are imported or domestically manufactured that use or are intended to use an HFC.
Trade and Customs Reminders & Events
EVENT: Apparel Classification Workshop
07 Nov 2023 10:00 AM-1:00PM ET
We look forward to seeing you at the USFIA Apparel Trade & Transportation Conference. If you are interested in classification issues, be sure to come to New York City early so that you can join us for a special pre-conference event. USFIA invites you to participate in a meeting with key National Import Specialists and gain a better understanding of the U.S. Customs & Border Protection classification process.
WEBINAR: NCBFAA Webinar – Forced Labor from an SME Perspective
31 Oct 2023 2:00 PM-3:00PM ET
Join the NCBFAA’s NEI for a webinar as international trade attorney Bob Kossick (Harris Sliwoski) and supply chain management expert Philip Duplisey (Mesur.io/Earthstream) breakdown everything SMEs need to know about managing forced labor risk. Topics to be addressed in this webinar include:
- An introduction to forced labor: definition, indicators, and rationale
- The U.S. forced labor framework.
- Forced labor mitigation measures and challenges.
- Bringing machine learning (ML) and artificial intelligence (AI) to bear on the challenge of managing forced labor risk.
- Big picture developments and key take-aways.
WEBINAR: NCBFAA Webinar – Letter of Instruction (SLI)
02 Nov 2023 1:00 PM-2:30PM ET
Join NCBFAA to discuss the NCBFAA’s Shipper’s Letter of Instruction (SLI) model, including how to complete the SLI, benefits of using the SLI for USPPIs and forwarders, and potential pitfalls.
EVENT: US Customs and Border Protection Webinar- Trade Violation Reporting (TVR)
07 Nov 2023 3:00PM ET
The webinar will provide an overview of the Trade Violation Portal and how to file a trade violation with US Customs and Border Protection.
WEBINAR: US Customs and Border Protection Webinar- Enforce and Protect Act (EAPA) Overview and How to File an Allegation
08 Nov 2023 1:30PM ET
The webinar will provide an overview of the Enforce and Protect Act (EAPA) and how to file an EAPA allegation with US Customs and Border Protection.
EVENT: USDA BRS Stakeholder Meeting
15 Nov 2023 1:00 PM-4:00PM ET
The US Department of Agriculture’s Animal and Plant Health Inspection Service’s (APHIS) Biotechnology Regulatory Services (BRS) will hold its annual Stakeholder Meeting on Wednesday, 15 Nov 2023, from 1:00-4:00 pm (EST).
SAVE THE DATE: US Customs and Border Protection – Trade Facilitation and Cargo Security Summit
26-28 Mar 2024
Details: March 26-28 2024: US Customs and Border Protection – Trade Facilitation and Cargo Security Summit.
