Trade and Customs Updates
Geodis Pioneers the GBI Proof of Concept
Geodis has always been an active participant in pilot programs, and we have continued that trend with the Global Business Identifier Evaluative Proof of Concept.
In a Federal Register notice (FRN) issued on July 21, 2023, US Customs and Border Protection announced the extension and modification of the Global Business Identifier (GBI) Evaluative Proof of Concept (EPOC) test through February 14, 2024.
Per the FRN, the test is intended to evaluate the feasibility of replacing the current manufacturer or shipper identification code (MID) with unique entity identifiers (GBIs) to more accurately identify legal business entities, their different business locations and addresses, as well as their various functions and supply chain roles, based upon information derived from the unique Data Universal Numbering System (DUNS®), Global Location Number (GLN), and Legal Entity Identifier (LEI).”
The EPOC is limited to specific products and countries as well:
Because of the potential costs and additional work involved, few, if any, customs brokers and/or importers have joined the EPOC.
However, as with any pilot program, Geodis is and always will be an active participant in conjunction with our software vendor, WiseTech. As part of the Geodis process to create entities in our software, we validate the name and address of each by adding their DUNS to each entity created. As a result, Geodis already has readily available one of the GBI data elements for the EPOC. Therefore, since 01 July 2023, Geodis has been one of the first brokers to have submitted GBI Proof of Concept data to CBP as part of our customs declarations. CBP confirmed that they have received the DUNS on over 1500+ customs declarations in the last six weeks.
Importers interested in participating in the EPOC with Geodis should email firstname.lastname@example.org.
Customs Brokerage Licensing Exam Registration Opened 14 Aug
Registration for the October 25, 2023, Customs Broker License Exam (CBLE) was opened on Monday, 14 Aug 2023 and will close on 12 Sept 2023 as announced in CSMS 57241240 on Monday, 07 Aug 2023.
Any parties that are interested in the Customs Broker Licensing Exam should visit CBP’s website for the exam.
FDA Issues Draft Guidance for Registration and List of Cosmetics Products and Facilities
On Monday, 07 Aug 2023, the US Food and Drug Administration (FDA) issued draft guidance on cosmetic product facility registrations and product listings, as mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).
When finalized, the draft guidance will assist stakeholders with cosmetic product facility registration and product listing submissions to FDA, by describing who is responsible for making the registration and listing submissions, what information to include, how to submit, and when to submit, as well as certain exemptions to the registration and listing requirements.
MoCRA provided new authorities to FDA including:
- Facility Registration: Cosmetic product manufacturers and processors must register their facilities with FDA, update content within 60 days of any changes, and renew their registration every two years.
- Product Listing: A responsible person must list each marketed cosmetic product with FDA, including product ingredients, and provide any updates annually.
Responsible person means the manufacturer, packer, or distributor of a cosmetic product whose name appears on the label of such cosmetic product in accordance with section 609(a) of the FD&C Act or section 4(a) of the Fair Packaging and Labeling Act.
MoCRA exempts certain small businesses from facility registration and product listing requirements.
However, such exemptions do not apply to facilities that manufacture or process, or responsible persons for, the following cosmetic products:
- Products that regularly come into contact with mucus membrane of the eye under customary or usual conditions of use.
- Products that are injected.
- Products that are intended for internal use.
- Products that are intended to alter appearance for more than 24 hours under customary or usual conditions of use and removal by the consumer is not part of such conditions of use.
Exemptions also exist for certain products and facilities that are subject to requirements for drugs and devices.
The draft guidance also contains information about a new electronic registration and listing submission portal. FDA intends to make the new electronic submission portal available in October 2023. FDA strongly encourages electronic submissions to facilitate efficiency and timeliness of data submission and management for the agency. FDA is also developing a paper form as an alternative submission tool to the electronic submission portal.
As described in the draft guidance, FDA intends to use the FDA Establishment Identifier (FEI) as the required facility registration number. To facilitate the registration process, the owner or operator of a facility will need to obtain an FEI number before submitting the facility registration. For more information, including how to request an FEI number or determine if an entity already has an FEI number, please refer to the FEI Search Portal.
The responsible person will need to obtain the relevant facility registration (FEI) number(s) for each facility where their cosmetic products are manufactured or processed, because the facility registration number(s) is required for the product listing submission. If the facility is a small business that is exempt from registration and has no facility registration number, then facility name/address can be provided instead for the product listing.
Stakeholders should plan to register and list well in advance of the December 29, 2023, statutory deadline.
FDA Pilot to evaluate the Electronic Portal:
In addition, FDA is soliciting applications from members of the cosmetic product industry interested in participating in a voluntary pilot program to conduct User Acceptance Testing (UAT) to help evaluate a potential new electronic submissions portal for cosmetic product facility registration and listing. This electronic submission portal is being implemented pursuant to MoCRA. FDA plans to accept up to nine participants for the pilot program. The pilot program is intended to provide input to inform evaluation of this new electronic submission portal. For more information, please refer to: Federal Register Notice: Pilot Program for Cosmetic Product Facility Registration and Listing Electronic Submissions User Acceptance Testing.
To Submit Comments on the Draft Guidance:
Comments on the draft guidance should be submitted by 9/7/2023. You may submit electronic comments to Regulations.gov. All written comments should be identified with the docket number FDA-2023-D-1716 and title of the guidance document.
Fish & Wildlife issues revisions to their Seizures & Forfeitures Policy
The US Fish and Wildlife Service (FWS) recently revised the seizure and forfeiture regulations at 50 CFR 12. FWS published the final rule in the Federal Register on 25 July 2023, at 88 FR 47808. The regulations were effective 30 days after publication; thus, they are effective on Thursday, August 24, 2023.
The main goal of the rulemaking is to align the regulations with the Civil Asset Forfeiture Reform Act of 2000 and FWS’s current practice implementing that law. FWS also reorganized, modernized, and clarified the regulations, making them easier to understand and apply.
FWS will only apply the revised regulations to seizures made on or after the effective date (24 Aug 2023), and any actions that flow from those seizures, e.g., addressing petitions for remission, forfeiture, or disposal. This provides time for all involved to familiarize themselves with the new regulations.
Any importers that have questions can contact the US F&W Office of Law Enforcement at either via telephone at 703-358-1949 or email at email@example.com
Trade and Customs Reminders & Events
GEODIS is attending the Annual NAFTZ Conference!
We will be attending the NAFTZ conference this year in Miami, FL. If you are planning to attend, please let us know! We will be at booth #10.