April 2010 - Issue 47   

IN THIS ISSUE:

Country of Origin

Informed Compliance Publications

Lacey Act Reminder

Toxic Substances Control Act (TSCA)




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Country of Origin

For Customs purposes, "country of origin" is not defined as the country where a shipment originated. When there is only one country involved, the country of origin is the country where the materials originated and were processed.

When there is more than one country involved, the country of origin will be the last country where there was a "substantial change" to its name, characteristics, and/or how it is to be used.

When a shipment is subject to preferential treatment due to a trade agreement, the rules of origin will vary depending upon the agreement.

The CBP Informed Compliance Publication titled "U. S. Rules of Origin" covers this issue in detail and can be found by visiting the following link:

http://www.cbp.gov/linkhandler/cgov/trade/legal/informed_compliance_pubs/
icp026.ctt/icp026.pdf


Informed Compliance Publications

In addition to the previously mentioned "U. S. Rule of Origin" publication, US Customs and Border Protection (CBP) has a number of Informed Compliance publications (ICPs) in the "What Every Member of the Trade Community Should Know About: ..." series. CBP has made these ICPs available to importers and other members of the trade community to assist them by providing information and guidance on a variety of subjects. Customs is constantly updating the publications and adding new ones. The full list of available ICP publications can be found by visiting the following link:

http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/


The following is a list of ICPs that have been updated or added since the beginning of 2010:


The Classification of Ball Bearings, Rolling Bearings and Part Thereof

Internal Combustion Piston Engines

Diodes Transistors & Similar Semiconductor Devices

Turbojets, Turbopropellers and Other Gas Turbines (HTS 8411) and Parts Thereof

Buttons, Snap-Fasteners, Slide Fasteners and Similar Articles

Personal Digital Assistants (PDAs) and Electronic Organizers

Household Articles of Base Metal

Base Metal Mountings and Fittings

Locks of Base Metal

Cutlery of Headings 8211 through 8215 of the HTSUS

Classification and Marking of Pipe Fittings under Heading 7307

Fasteners of Heading 7318

Agricultural Actual Use Provisions

Waste and Scrap as it relates to base metals of Chapter 81

Lacey Act Reminder

The Lacey Act (16 U.S.C. 3371 et seq., the Act) as amended makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the United States, a U.S. State or a foreign country

As discussed in the October 2009 edition of the AIT eNewsletter, effective April 1, 2010, phase four enforcement of the Lacey Act added merchandise classified in the following HTSUS headings: 4421 (other articles of wood), 6602 (walking sticks, whips, crops), 8201 (hand tools), 9201 (pianos), 9202 (other stringed instruments), 9302 (revolvers and pistols), 9305.10.20 (parts and accessories for revolvers and pistols), 9401.69 (seats with wood frames), 9504.20 (articles and accessories for billiards), and 9703 (sculptures).

Here is a link to the USDA Lacey Act page:
http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

Here is a link to CBP's page covering the Lacey Act:
http://www.cbp.gov/xp/cgov/trade/trade_programs/entry_summary/laws/
food_energy/amended_lacey_act/


Toxic Substances Control Act (TSCA)

EPA Makes Chemical Information More Accessible to Public for the first time, TSCA chemical inventory free of charge online


EPA is providing web access to the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. Previously, the consolidated public portion of the TSCA Inventory was only available by purchase from the National Technical Reports Library or other databases. By adding the consolidated TSCA Inventory to the Agency's website and to Data.Gov, this information is now readily available to the public at no cost. EPA's intention is to increase the transparency of chemical information while continuing to push for legislative reform of the 30 year old TSCA law.

"Increasing the public's access to information on chemicals is one of Administrator Jackson's top priorities," said Steve Owens, assistant administrator for EPA's Office of Prevention, Pesticides and Toxic Substances. "The American people are entitled to easily accessible information on chemicals, and today's action is part of a series of ongoing steps that EPA is taking to empower the public with this important information."

In the coming months, EPA will take further steps to increase transparency and make more information available to the public, including adding TSCA facility information and the list of chemicals manufactured to the Facility Registry System (FRS). FRS is an integrated database that provides the public with easier access to EPA's environmental information and better tools for cross-media environmental analysis. The addition of TSCA facility and chemical databases to FRS will provide the public with information on the facilities in their communities using industrial chemicals.

For information about EPA's increasing transparency on chemical risk information, see:
http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/
631cf22eb540c4db852576b2004eca47!OpenDocument


For access to the entire TSCA Inventory, please visit:
http://www.epa.gov/oppt/newchems/pubs/invntory.htm


If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department.
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