CBP & PGA Updates



Information below derived from R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection

Protecting American Businesses
A little over 100 days ago, President Obama signed the Trade Facilitation and Trade Enforcement Act (TFTEA).

In the first 100 days of implementing the Act, here is what has been accomplished:

  • renewed efforts to enforce the prohibition of goods manufactured with child, convict, or forced labor. By eliminating the “consumptive demand” exemption, goods made with these deplorable labor practices are no longer allowed into the country simply to meet U.S. demand.
  • implemented a new process for swiftly and thoroughly reviewing allegations of evasion of Antidumping/Countervailing duty laws. This helps domestic manufacturers and companies hurt by unfair, illegal trade practices.
  • created a Task Force focused on detecting high-risk activity and disrupting illicit trade networks that evade our trade laws – including laws that protect intellectual property rights and protect American businesses and consumers from unfair trading practices.
  • increased the “de minimis” value for an imported shipment has from $200 to $800. Our trade stakeholders save money by not having to pay processing fees for shipments below this value.
  • formally recognized and promoted the Centers of Excellence and Expertise (CEEs). Under the leadership of the Office of Field Operations and Executive Assistant Commissioner Todd Owen, all 10 Centers are fully operational, transforming the way we interact with our trade stakeholders.

R. Gil Kerlikowske says there is more to come!

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Information below derived from Sandler, Travis and Rosenberg Trade Report

Importer Security Filing

CBP is working on a proposed rule that would expand the definition of importer security filing importer for certain types of shipments so that the party that has the best access to the required information will be the party responsible for filing the ISF. CBP states that while this proposal would shift the legal responsibility for filing the ISF in these instances it would not change who actually submits the data in the “vast majority of cases.”

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FDA Amends Food Facility Registration Requirements

New rule goes into effect September 12, although some changes won’t be enforced until 2020.

  • All food facilities and registration renewals will have to be submitted electronically by Jan 4, 2020.
  • Registrations must include a unique facility identifier (UFI) recognized as acceptable to the FDA, as well as type of activity conducted at the facility, owner’s email address, person in charge of facility, emergency contact email address, and preferred mailing address.
  • The FDA will not shorten the calendar days from 60 to 30 as a time frame for submitting updates and cancellations.
  • The circumstances under which the FDA would cancel a registration have expanded to include a number of reasons.
  • U.S. agents of foreign facilities must verify the registration or renewal before the facility will be confirmed by the FDA.
  • The FDA plans to implement some sort of U.S. Agent Voluntary Identification System in the future.
  • Failure to renew a facility with the FDA may be subject to penalties.
  • Food facilities must renew their registrations between Oct. 1 and Dec. 31 of each even-numbered year.

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The Animal and Plant Health Inspection Service (APHIS) advises that the pilot plan to test and assess the ACE platform for electronic submission of data required by APHIS animal care, Biotechnology Regulatory Services, Plant Protection Quarantine, and Veterinary Services has proven successful and will end on August 15, 2016.  All submission of APHIS-required data must be submitted in ACE thereafter.

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