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Information requests via Email
Internet and email security is an issue that cannot be stressed often enough, both in our personal and professional lives. While the Internet has provided us worldwide connectivity and afforded us rapid and efficient communications in real-time, it has also brought about increased and heightened security risks.
Most of us have been advised or informed of websites and email attachments infected with malicious software (virus, trojan, worm, etc). Scams involving funds to be sent to the receiver of the email from certain developing countries have found their way into most of our email inboxes (and hopefully have been deleted immediately). Some email schemes spoof authentic internet or email addresses and otherwise appear to be sent from an official reputable source. It is always the best policy to confirm that the email is legitimate before responding to it, and even more important when opening email attachments or sending confidential information back to the source.
Customs recently posted the following message on their website regarding a scam that has recently been used against unsuspecting individuals/companies:
Bogus E-Mail Being Distributed; May Contain Virus (07/24/2008)
CBP has been notified that a malicious e-mail has been distributed that may include an attachment with a computer virus.
Individuals have received e-mail, some from U.S. Customs Service, indicating that a parcel has been received addressed to the recipient of the e-mail. It asks the recipient to fill out a Customs Declaration attached to the e-mail. The message is signed by different names purporting to be employees of the U.S. Customs Service. This attachment may contain a damaging computer virus.
Please note that there is no longer an entity called the U.S. Customs Service. Also, all CBP e-mail addresses end in dhs.gov. Please take care with any e-mail making a similar offer.
More information will be provided when it becomes available.
Delay in Customs ACE deployment of Sea Manifest
Customs has declared that the fall 2008 deployment of upcoming Automated Commercial Environment (ACE) Rail and Sea Manifest (M1) capabilities will be delayed by a projected six to eight months due to problems discovered during testing the new software.
The primary driver for the schedule delay involves problems discovered during software testing of M1, which will allow vessel and rail carriers to use ACE when submitting advance cargo information. Another contributing factor has been the addition of new requirements to the project. CBP is delaying their deployment to ensure they are thoroughly tested and functioning properly. As a result of the M1 schedule slip, an additional four to six month delay is projected for the early 2009 deployment of initial ACE entry summary capabilities.
The soon to be finalized "10+2" regulation will involve the electronic submission of additional advance cargo information. It is unknown how this delay in the ACE Sea Manifest might impact the timetable for enforcement of these Security Filing requirements.
Customs (CBP) Proposes Uniform Rules of Origin for Imported Merchandise
As published in the July 25 Federal Register, CBP proposes to amend its regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. This proposal would extend application of the country of origin rules codified in 19 CFR, Part 102. CBP believes that the proposed change will aid an importer's exercise of reasonable care by providing greater predictability in determining the country of origin of imported merchandise than the system of case-by-case adjudication they would replace.
Under current regulations, there are two primary methods CBP uses to determine the country of origin of imported goods that are processed in, or contain materials from, more than one country. One method employs case-by-case adjudication to determine whether goods have been "substantially transformed'' in a particular country. The other method employs codified rules, also used to determine whether a good has been "substantially transformed,'' primarily expressed through changes in tariff classification. The substantial transformation standard has developed from a series of federal court decisions issued over many years.
Since 1996, the Part 102 rules have applied to all imports from Canada and Mexico, and nearly all imports of textile products, accounting for approximately 40 percent of total U.S. imports. As a result, both the importing community and CBP have extensive experience in applying the Part 102 rules to goods from Canada and Mexico. CBP's experience in administering country of origin rules using the codified method has been that, by virtue of their greater specificity and transparency, codified rules result in determinations that are more objective and predictable than under the case-by-case adjudication method. Therefore, CBP is proposing to extend application of the Part 102 rules of origin to all country of origin determinations made under the customs and related laws and the navigation laws of the United States, unless otherwise specified (the Part 102 rules will not be used where preferential trade agreements specify another origin test for that purpose).
Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rule. All comments must be received on or before September 23, 2008.
The full text of the Federal Register article can be accessed using either of the two following links:
(text version) http://edocket.access.gpo.gov/2008/E8-17025.htm
(pdf version) http://edocket.access.gpo.gov/2008/pdf/E8-17025.pdf
If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department. |
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