Monday Morning eBriefing

Customs and Border Protection (CBP) on Sept. 2 provided guidance to the trade for implementing the Aug. 13 Presidential Proclamation 11055, “Adjusting Imports of Unmanned Aircraft Systems and Unmanned Aircraft Systems Components into the United States," which imposes between 10% - 100% additional duties on certain imports of Unmanned Aircraft Systems (UAS) and UAS components. The additional 10% - 100% duties on imports of UAS and UAS components are effective Sept. 3, and a 25% additional duty for other UAS components are effective Feb. 9, 2027.

The Census Bureau on Aug. 31 added port of unlading codes to the Automated Export System (AES) with immediate effect, including Peru, Argentina, Montenegro, Malaysia, China, South Korea, New Zealand, and Egypt.

The Food and Drug Administration (FDA) Small Business and Industry Assistance (SBIA) will hold a virtual public Workshop on Sept. 29 aimed at drug manufacturers, including foreign drug manufacturers and importers that manufacture and import drugs for U.S. commercial distribution. Customs brokers with clients who import drugs may want to share this opportunity with their clients.

The Office of the U.S. Trade Representative (USTR) on July 1 implemented certain changes to statistical reporting categories in the HTSUS which has resulted in USTR making conforming amendments to four product exclusions related to the Section 301 investigation of China Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

Customs and Border Protection (CBP) in a Sept. 1 advance notice of proposed rulemaking published in the Federal Register requests comments from the trade to develop new requirements for enhancing visibility into all parties involved in U.S. imports. In addition, CBP asks the trade to provide input regarding the integration of innovative technical solutions for the tracing of supply chains involved with imported goods and enhanced collection of export documentation that foreign exporters are required to submit to overseas customs authorities prior to exporting their goods to the U.S.

Customs and Border Protection (CBP) advised the trade that effective Monday, Sept. 14, ACE will begin rejecting entry summaries where the copper primary country of smelt and the country of cast are not reported. ACE will return the F794 ADDTNL DEC TYPE RQRD FOR ARTICLE message as a fatal version of the error when the required 54 record type 12 for copper is not submitted, the agency said.

The USDA’s Animal and Plant Health Inspection Service (APHIS) on Aug. 28 reminded the trade that the only import fumigation provider in Virginia has closed. Until a new fumigation provider is established in the state, any shipments requiring fumigation will be refused and must be re-exported, the agency said.

A summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable.

A summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg.

Customs and Border Protection (CBP) on Saturday, Aug. 29, is expected to deploy a bug fix to the Animal and Plant Health Inspection Service (APHIS) unit of measure rules that can produce a PFX fix. It appears that the fix changes the way the rules require PG26 packing qualifier.

Customs and Border Protection (CBP) informed the trade in an Aug. 25 CSMS # 69647661 that on Sept. 25 the severity of Automated Export System (AES) response code 802 (BIS License Tolerance Exceeded) will be changed from verify to fatal. In addition, the Census Bureau on Aug. 26 updated the AES filing requirements for black mass and tungsten waste and scrap.

President Trump on July 8 informed Congress of his intent to rescind Syria’s designation as a State Sponsor of Terrorism following a 45-day pre-notification period. The notification period has now passed and on Aug. 24, the State Department rescinded Syria’s designation as a state sponsor of terrorism. The Treasury Department on Aug. 24 additionally launched Operation Economic Outcast increasing sanctions on Iran.

NCBFAA is excited to announce that Customs and Border Protection's Diane Sabatino, Executive Assistant Commissioner of the Office of Field Operations, and Susan Thomas, Executive Assistant Commissioner of the Office of Trade, will deliver the luncheon keynote on Monday, Sept. 28, at the Government Affairs Conference (GAC) in Washington, D.C. NCBFAA President Karen Damon will moderate this keynote in a fireside chat format.

Customs and Border Protection (CBP) on Aug. 27 provided guidance on updating the order of reporting in ACE to report multiple HTSUS classifications for an article on the same entry summary line when a Chapter 98 or 99 HTSUS classification is required and/or applicable.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome ICL USA and Transitify Global, which have recently joined our association. We're so excited to have these firms join our organization and we are happy to assist in any way we can!

Customs and Border Protection (CBP) on Aug. 26 announced that the agency has ended its "Flying Trucks" process, effective immediately. The program was initiated during the mid-to-late 2000s to test functionality between truck eManifest and Multi-Modal Manifest (MMM) capabilities. The agency had intended to sunset this process upon the full implementation of MMM capabilities in 2009. CBP said it “now determines that this process violates current regulatory requirements.”

Customs and Border Protection (CBP) in an Aug. 25 update to the U.S. Court of International Trade (CIT) reported that as of 3 p.m. ET on Friday, Aug. 21, approximately 26.4 million entries with IEEPA duties were processed through the agency’s Consolidated Administration and Process of Entries (CAPE) since the ACE program’s launch on April 20, accounting for $132.5 billion in both potential and certified refunds. However, CBP told the CIT that it has “temporarily delayed the deployment of CAPE Phase 3, which covers finally liquidated entries filed by plaintiffs for which the Court has ordered reliquidation."

The Canadian government on Aug. 25 announced the imposition of “dollar for dollar” import tariffs on U.S. products, effective 12:01 a.m., Sept. 8, to match the U.S. government’s recent imposition of 50% Section 338 tariffs on certain Canadian goods.

Customs and Border Protection (CBP) has advised the trade of an updated version of the ACE CATAIR Error Dictionary V52 which has been posted under the Supporting Documents: Documentation for Entry Summary Chapters section on CBP.gov. This update adds a new validation that prevents filers from submitting a Post Summary Correction (PSC) for a Foreign Trade Zone (FTZ) entry type 06 if the International Emergency Economic Powers Act (IEEPA) HTS is modified in any way.

Customs and Border Protection (CBP) late Friday evening, Aug. 21, after trade talks between the U.S. and Canada collapsed issued guidance to importers, customs brokers, and filers on filing entries to the agency on certain imports from Canada entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on Aug. 22, as provided in the HTSUS under headings 9903.03.12–9903.03.16.