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Enforcement of ISF begins January 26, 2010
Enforcement of the Importer Security Filing (ISF or 10+2) begins in less than two months. If you haven't already fine tuned the internal processes needed to gather the required data elements and transmit them to Customs, there is no time to waste. The possibility of fines between $5,000 and $10,000 per shipment should have already motivated everyone to get serious about this new regulation.
There is a "do not load" (DNL) option at the port of export, but Customs has stated that in some cases the cargo would be allowed to ship with a late filing penalty upon filing ISF after freight is en route to the US. It might be necessary to have your overseas agent move the shipment to the next vessel in order to keep from receiving the automatic $5,000 late filing penalty from Customs.
Timely receipt of information and documentation from overseas suppliers, shippers, and cargo agents is a necessity, and a good relationship with an ISF filing agent is needed to make sure the data is transmitted prior to 24 hours before the freight is laden onto the exporting vessel. AIT can assist you with the process. Please contact your account executive.
List of Federal Holidays for 2010
| JANUARY 01 |
NEW YEAR'S DAY |
| JANUARY 18 |
MARTIN LUTHER KING, JR'S BIRTHDAY (OBSERVED) |
| FEBRUARY 15 |
PRESIDENTS' DAY |
| MAY 31 |
MEMORIAL DAY |
| JULY 05 |
INDEPENDENCE DAY (OBSERVED) |
| SEPTEMBER 06 |
LABOR DAY |
| OCTOBER 11 |
COLUMBUS DAY |
| NOVEMBER 11 |
VETERANS DAY |
| NOVEMBER 25 |
THANKSGIVING DAY |
| DECEMBER 24 |
CHRISTMAS DAY (OBSERVED) |
| DECEMBER 31 |
NEW YEAR'S DAY (OBSERVED) |
Per CSMS #09-000347: http://apps.cbp.gov/csms/viewmssg.asp?Recid=17740&page=2&
srch_argv=&srchtype=&btype=&sortby=&sby=
APHIS Withdraws Rule to Increase AQI User Fees
The United States Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) has announced the withdrawal of an interim final rule that would increase agricultural quarantine and inspection (AQI) user fees.
Instead of increasing user fees by approximately 10% for AQI various services, APHIS has decided "to explore other regulatory alternatives."
The full text notice can be accessed below:
Text - http://edocket.access.gpo.gov/2009/E9-26518.htm
PDF - http://edocket.access.gpo.gov/2009/pdf/E9-26518.pdf
GSP Renewal Status
"Barring congressional action, the Generalized System of Preferences (GSP), with special program indicators (SPI) "A" and "A+", the Andean Trade Preference Act (ATPA), SPI "J," and the Andean Trade Promotion and Drug Eradication ACT (ATPDEA), SPI "J+," are all due to expire for goods entered or withdrawn from warehouse after midnight December 31, 2009."
The Obama Administration has requested that the Congress extend these programs as soon as possible, but whether there will be a lapse between expiration and renewal is uncertain at this time.
Customs-Trade Partnership Against Terrorism (C-TPAT): 2010 Supply Chain Security Training
U.S. Customs and Border Protection has announced that the 2010 Customs-Trade Partnership Against Terrorism (C-TPAT) Supply Chain Security Training Seminar will be held March 17th through March 19th, 2010 in Anaheim, California. The Seminar is open to all C-TPAT certified partners; however, space will be limited. Registration opens on January 6, 2010.
Interested parties should monitor the following website
for further details and updates:
http://www.cbp.gov/xp/cgov/trade/cargo_security/ctpat/.
FDA Announces Changes to Product Codes for Biological Products
U.S. Customs and Border Protection (CBP) has published a notice stating that the Food And Drug Administration has updated their product codes for Industry 57 - Biological Products. The new product codes and subclasses are available for immediate use, and additional product codes will be end-dated as of November 30, 2009.
The full text of the CSMS notice (09-000337) can be accessed online:
http://apps.cbp.gov/csms/viewmssg.asp?Recid=17730&page=&srch_argv=09-000337&srchtype=all&btype=&sortby=&sby=
Intellectual Property Rights (IPR)
Customs defines intellectual properties as "creations of the mind: Inventions, literary and artistic works, and symbols, names, images, and designs used in commerce." These include trademarks, trade names, copyrights, and patents. Customs has the authority to exclude from entry, detain and/or seize violative merchandise.
Customs has put on their website a new informed compliance publication detailing what constitutes Intellectual Property Rights, what constitutes a violation of those rights, and what actions Customs uses to protect those rights.
The "Enforcement of IPR Informed Compliance Publication" can be found by visiting the following link:
http://www.cbp.gov/linkhandler/cgov/trade/legal/informed_compliance_pubs/
enforce_ipr.ctt/enforce_ipr.pdf
Compliance - Invoices
Perhaps the most important document in global trade is the commercial invoice. An invoice must contain sufficient information to classify the merchandise and allow assessment of the necessary duties. Some commodities have special requirements, but the general invoice requirements for freight being imported into the US include the following:
- The document must be in English. The alternate minimum requirement is that an additional page is attached with an "accurate English translation containing adequate information for examination of the merchandise and determination of duties;"
- The invoice must be dated and include the place where the sale/transaction took place and the US Port of destination;
- The name and full address of the seller and the buyer of the merchandise;
- For each item, "a detailed description of the merchandise," the quantities and weights, the purchase/transaction price (including currency), and the country of origin (manufacture);
- All additional charges itemized by name and amount (freight, insurance, commission, cases, containers, coverings, and cost of packing). All discounts must be detailed. Any "assists" not included in the invoiced value must be shown;
- Finally, the invoice should show the name of a responsible employee of the exporter, who has knowledge, or who can readily obtain knowledge, of the transaction.
Please note that even if there was no sale, there is still a value to the shipment. A "free of charge" shipment should have a value equal to the amount that the shipper "would have received, or was willing to receive, for such merchandise if sold in the ordinary course of trade and in the usual wholesale quantities in the country of exportation."
Full text of "Contents of invoices and general requirements" (CFR 19 Sec 141.26) can be found by visiting the following link:
Text - http://edocket.access.gpo.gov/cfr_2009/aprqtr/19cfr141.86.htm
PDF - http://edocket.access.gpo.gov/cfr_2009/aprqtr/pdf/19cfr141.86.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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