Please download and read the attached Federal Register Publication dated May, 31, 2024 – allowing APHIS / USDA their 6-month advance notification.  Any questions, please don’t hesitate to contact our office.

Revised Lacey Act – Phase VII December 1 2024

Thanks and Best Regards

Steve Sanders

Please review the attached Information Notice and take care in your ACE e-manifesting processes.

BFO Info Notice 2024-001 Electronic Information Discrepancies

Thanks / Steve Sanders – Sanders Brokerage Services

Important Safety Information Concerning Micromobility Devices – Electric Bicycles

The Food & Drug Administration has today (Jan 10, 2023) issued their FINAL rule on the Foreign Upplier Verification Program.  Attached is a copy of the guidance in PDF format.  Supplied for your review and use.

Happy New Year – The Crew at Sanders Brokerage Services (Blaine).

WASHINGTON – Beginning on January 22, 2022, DHS will require non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide related proof of vaccination, as COVID-19 cases continue to rise nationwide. These new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

“Starting on January 22, 2022, the Department of Homeland Security will require that non-U.S. individuals entering the United States via land ports of entry or ferry terminals along our Northern and Southern borders be fully vaccinated against COVID-19 and be prepared to show related proof of vaccination,” said Secretary Alejandro N. Mayorkas. “These updated travel requirements reflect the Biden-Harris Administration’s commitment to protecting public health while safely facilitating the cross-border trade and travel that is critical to our economy.”

These changes – which were first announced in October 2021 and made in consultation with the White House and several federal agencies, including the Centers for Disease Control and Prevention (CDC) – will align public health measures that govern land travel with those that govern incoming international air travel.

Non-U.S. individuals traveling to the United States via land ports of entry or ferry terminals, whether for essential or non-essential reasons, must:

• verbally attest to their COVID-19 vaccination status;
• provide proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
• present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
• be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required for entry via a land port of entry or ferry terminal.

Although these new vaccination requirements do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals, all travelers are reminded to bring a WHTI-compliant document when re-entering the United States. Non-U.S. individuals attempting to enter the United States irregularly, through any illegal means or without proper documentation, will continue to be expelled pursuant to CDC’s Title 42 public health order.

To help reduce wait times, travelers can take advantage of facial biometrics and CBP One™, which is a single portal for CBP mobile applications and services.

To learn more about the updated requirements for travelers, review the DHS fact sheet.

UPDATED JOINT CBP AND CBSA EMERGENCY PROTOCOLS IN RESPONSE TO FLOOD SITUATION IN BRITISH COLUMBIA Communique updated 12082021

Steve Sanders / Sanders Brokerage Services

On Oct. 1, customs brokers will see new tariff flags for USDA’s Animal and Plant Health Inspection Service (APHIS) Lacey, requiring transmission of a Lacey Act declaration or a valid disclaim for products classified in these tariff categories.

The product categories include new wooden pallets, containers or packaging that are NOT under load, some essential oils, additional musical instruments, oriented strand board, bi-pods and tripods, and trunks, cases, and suitcases. The specific HTS numbers are listed below.

NCBFAA Regulatory Agencies Committee (RAC) Chair Mike Lahar of A.N. Deringer participated last week in a timely and informative webinar sponsored by the National Wooden Pallet and Container Association (NWPCA) on the APHIS Lacey requirements. He was joined by Karen Williams, Compliance Specialist at APHIS. The focus of the webinar was on pallets and both speakers emphasized that the declaration requirement does not apply to pallets (new or used) that are “under load.” Nor does it apply to used, recycled, or repaired pallets – whether empty or under load. In both cases, a disclaim code A or B must be transmitted. The declaration must be provided for new pallets that are the product being imported.

Lahar provided a practical perspective on the filing requirements, clarifying when a broker needs to file the declaration, and when to transmit a disclaim code. To view a replay of the webinar, go here and use this Access Passcode: LaceyAct_0921.

For more information, visit the APHIS Lacey Act website here.

Following are the HTS numbers that will be flagged beginning Oct. 1:

Ch. 33 Headings (Essential Oils)

3301295109—essential oils of cedarwood

• 3301295121—essential oils of linaloe or bois de rose
• 3301295139—essential oils of sandalwood

Ch. 42 Headings (Trunks, Cases, Suitcases)

4202292000—trunks, cases, and suitcases of wood

• 4202992000—other, of wood, not lined
• 4202993000—other, of wood, lined

Ch. 44 Headings (Wood and Articles of Wood)

• 441012—oriented strand board (OSB)
• 4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.

Ch. 92 Headings (Musical Instruments)

•  9205902000—wind musical instruments: bagpipes
• 9205904020—clarinets
• 9205904080—other (woodwind instruments)
• 9205904060—flutes and piccolos
• 9206002000—drums
• 9207900040—musical instruments (fretted string instruments)
• 92—parts and accessories for musical instruments of heading 9202
• 9209992000—parts and accessories for bagpipes
• 9209994040—parts and accessories for other woodwind instruments
• 9209998000—other

Ch. 96 Headings (Miscellaneous Manufactured Articles)

9620005500—monopods, bipods, tripods, and similar articles of wood

CSMS #49132200 – Updated Requirements for Importers and Brokers Regarding HTS Subheading 9801.00.10- U.S and Foreign Goods Returned

This message provides updated guidance concerning (a) importer and broker responsibilities in filing duty free claims under Harmonized Tariff Schedule of the United States (HTSUS) Subheading 9801.00.10, and (b) documents that CBP may request to support claims under Subheading 9801.00.10. This CSMS message supersedes guidance CBP previously issued via CSMS 17-000046 on January 30, 2017.

Background

On April 25, 2016, a change to HTSUS Chapter 98 for U.S. goods returned went into effect. Specifically, section 904(b) of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), “Modification of Provisions Relating to Returned Property,” amended HTSUS Subheading 9801.00.10 to read as follows:

Products of the United States when returned after having been exported,
or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad

The expansion of Subheading 9801.00.10 includes all products exported from and returned to the United States, regardless of country of origin. For U.S. origin products, there is no time limit on filing a claim. For foreign origin products, there is a 3-year time limit. The changes to 9801.00.10 apply to U.S. or foreign articles returned to the United States and entered, or withdrawn from warehouse, for consumption on or after April 25, 2016.

Guidance

The importer has the burden to prove their claim for duty-free treatment under Subheading 9801.00.10. If the broker obligates themselves as the importer of record, they will assume the legal responsibility and burden to provide the required documents to substantiate the Subheading 9801.00.10 claim.

Customs Brokers act as agents for the importer and, as such, have a duty of care in the filing of entry documents; however, the burden of proof is not on the broker (unless the broker is acting as importer of record) when requests are made to prove a claim for duty-free treatment under Subheading 9801.00.10. An example of the broker exercising responsible supervision and control for Subheading 9801.00.10 claims is providing proof of the broker’s communication with the importer on what is required for such claims. If it is found that the broker did not provide responsible supervision and control when preparing and filing the entry, then CBP may address that deficiency through the broker informed compliance process as described in Chapter 15 of the Broker Management Interim Guidance II document.

A proposed regulatory change will align 19 CFR 10.1 with TFTEA as referenced above. In the interim, for shipments valued over $2,500, the following documents may be requested from the importer to determine if the duty-free exemption under Subheading 9801.00.10 applies for either U.S. manufactured goods exported from and returned to the United States at any time, or foreign origin goods exported from the United States and returned within the 3-year time limit.

1. For either U.S. manufactured goods or foreign origin goods:
2. Declaration by Foreign Shipper indicating that the products were not advanced in value or improved in condition while outside the United States. A certificate from the master of a vessel stating that the products are returned without having been un-laden from the exporting vessel may be accepted in lieu of the declaration by the foreign shipper.
3. Declaration by the owner, importer, consignee, or agent having knowledge of the facts regarding the duty-free claim. If the owner or ultimate consignee is a corporation, such declaration may be signed by the president, vice president, secretary, or treasurer of the corporation, or may be signed by an employee or agent of the corporation who holds a power of attorney and a certification by the corporation that such employee or other agent has or will have knowledge of the pertinent facts.
4. For U.S. manufactured goods valued over $2,500 entered three years after the date of exportation that are not clearly marked with the name and address of the U.S. manufacturer, CBP may require, in addition to the declarations above, additional documents to substantiate the claim for duty-free treatment including a statement from the U.S. manufacturer verifying that the articles were made in the United States.
5. One of the following documents will be deemed sufficient proof of export from the United States for U.S. manufactured goods or foreign origin goods, provided the information contained therein proves an export from the United States:
6. Copy of the entry into the foreign country;
7. U.S. export invoice or bill of lading/airway bill; orc. Electronic Export Information (EEI) or the Automated Export System (AES) filing exemption.

Documentation may be requested to substantiate that the same articles exported from the United States are being returned. No substitution of the same type of articles under an inventory management system may occur. This merchandise must meet all of the requirements such that it was not advanced in value or changed in condition, and not processed under a drawback claim or Temporary Importation under Bond (TIB) entry.

4. For aircraft and aircraft parts and equipment returned to the United States by or for the account of an aircraft owner or operator and intended for use in his own aircraft operations, within or outside the United States, a CBP Form 3311, or its electronic equivalent, may be used as stated in 19 CFR 10.1. The entrant must show on Customs Form 3311 or its electronic equivalent:
5. The name of the importing vessel or conveyance,
6. The date of its arrival,
7. A description of the articles,
8. The value of the articles, and
9. That the articles are intended for use by the aircraft owner or operator in his own aircraft operations. 5. For U.S. origin goods that were originally exported under a Department of State license that are now being re-imported, formal entry is required regardless of value along with the Directorate of Defense Trade Controls (DDTC) Partnership Government Agency (PGA) message set.
10. For U.S. manufactured aircraft returning to the United States that were sold to a foreign government under the Foreign Military Sales Program, formal entry is required if any maintenance is being performed on the aircraft while in the United States. The repairs must be authorized via a specific case line in the Letter of Offer and Acceptance (LOA). The LOA is the sales agreement between the United States and the foreign government regarding the sale of munitions and other articles to the foreign government.
11. At the time of export of the aircraft, the EEI has to be filed for the maintenance of the aircraft.
12. For U.S. manufactured aircraft returning to the United States that were sold to a foreign government under the Foreign Military Sales program where modifications or enhancements will be made to the aircraft, the following is required for the import and subsequent export of the aircraft:
13. Formal entry is required.
14. At the time of export, the EEI submission is required, citing the Directorate of Defense Trade Controls export license (DSP-5).

Centers of Excellence and Expertise should continue to use risk management in reviewing formal entry claims filed under Subheading 9801.00.10. If you have questions, please contact Ms. Kellee Gross, Policy Branch Chief, Commercial Operation, Revenue and Entry at otentrysummary@cbp.dhs.gov.

Questions regarding the import of aircraft under the Foreign Military Sales program or DDTC licensing requirements should be referred to Mr. William J. Romero, Outbound Enforcement and Policy Branch Chief at william.j.romero@cbp.dhs.gov. Questions regarding the export of aircraft under the Foreign Military Sales program or DDTC licensing requirements should be referred to Mr. Brian Semeraro, Outbound Enforcement and Policy Branch Chief at brian.semeraro@cbp.dhs.gov.