USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING 1-HYDROXYETHYLIDENE-1, 1-DIPHOSPHONIC ACID FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of 1-hydroxyethylidene-1, 1-diphosphonic acid from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China (Inv. Nos. 701-TA-558 and 731-TA-1316 (Review), USITC Publication 5386, November 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by December 16, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. 

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1109ll2012.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC DEVICES, SEMICONDUCTOR DEVICES, AND COMPONENTS THEREOF

he U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices, semiconductor devices, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Bell Semiconductor, LLC of Bethlehem, PA on October 6, 2022 and as amended. Supplements to the complaint were filed on October 21 and October 28, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, semiconductor devices, and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following as the respondents in this investigation:

Acer America Corporation of San Jose, CA;
Acer, Inc. of New Taipei City, Taiwan;
Advanced Micro Devices, Inc. of Santa Clara, CA;
Infineon Technologies AG of Neubiberg, Germany;
Infineon Technologies America Corp. of Milpitas, CA;
Micron Technology, Inc. of Boise, ID;
Motorola Mobility LLC of Chicago, IL;
NVIDIA Corporation of Santa Clara, CA;
NXP B.V. of Eindhoven, Netherlands;
NXP Semiconductors, N.V. of Eindhoven, Netherlands;
NXP USA, Inc. of Austin, TX;
SMC Networks, Inc. d/b/a/ IgniteNet of Irvine, CA; and
Western Digital Technologies, Inc. of San Jose, CA.

By instituting this investigation (337-TA-1340), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2022/er1108ll2011.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING FERROVANADIUM FROM SOUTH KOREA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of ferrovanadium from South Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing order on imports of this product from South Korea will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.

The Commission’s public report Ferrovanadium from South Korea (Inv. No. 731-TA-1315 (Review), USITC Publication 5384, November 2022) will contain the views of the Commission and information developed during the review. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1104ll2007.htm

Decision to Initiate Antidumping and Countervailing Duty Investigations of Paper File Folders from China, India, and Vietnam

On November 2, 2022, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) investigations of paper file folders from the People’s Republic of China (China), India, and the Socialist Republic of Vietnam (Vietnam); and a countervailing duty (CVD) investigation of paper file folders from India.

APHIS Adjusts Agricultural Quarantine and Inspection (AQI) User Fees in Response to Court Order

WASHINGTON, November 1, 2022 - On October 29, 2015, APHIS published a final rule in the Federal Register that revised its user fees charged for certain Agricultural Quarantine and Inspection services (the “final rule”). In setting the AQI user fees in the final rule, APHIS applied a 3.5% reserve surcharge to the fees for some user groups: commercial trucks and truck transponders, international air passengers, and international cruise ship passengers. In the final rule, the commercial aircraft fee, the commercial cargo vessel fee, and the commercial railroad car fees were set at a level that did not include a reserve surcharge component.

As an outcome of litigation challenging the final rule, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) rejected the majority of the challenges to the rule, but it found that APHIS’s authority to collect a surcharge to fund a reserve as a component of the fees expired in FY 2002. See Air Transport Ass’n of Am. v. United States Dep’t of Agric., 37 F.4th 667 (D.C. Cir. 2022). The D.C. Circuit remanded to the District Court for proceedings consistent with the appellate court’s opinion.

On September 15, 2022, the District Court issued a final judgment vacating the final rule only insofar as it authorizes collecting fees to maintain a reserve account and remanded the final rule to the agency for further proceedings consistent with the D.C. Circuit Opinion.

In order to comply with the District Court’s final judgment, APHIS is removing this surcharge from the applicable fees, effective December 1, 2022. Read More→

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2022/aqi-user-fees-response

Draft Implementation Guides for UFLPA Region Alert Now Available on CBP.gov

Cargo Systems Messaging Service

CSMS # 53870543 - Draft Implementation Guides for UFLPA Region Alert Now Available on CBP.gov

Three draft implementation guides related to the Uyghur Forced Labor Prevention Act (UFLPA) Region Alert enhancement to the Automated Commercial Environment (ACE) have been posted on CBP.gov. 

  • Cargo Release CBP and Trade Automated Interface Requirement document (CATAIR)

  • Cargo Release Condition Codes document

  • Add Manufacturer Name and Address CATAIR

These changes will deploy to the Certification environment on November 8, 2022.  The Production environment deployment date is to be determined.   
An updated Cargo Release CATAIR document is now available on cbp.gov. 

The SE Cargo Release Application, SE36 and SE56 records were updated with the new requirements for manufacturers from China for the UFLPA region alert.   Note 1 was added for the postal code field stating that when the party type is MF (manufacturer), a valid Chinese postal code is required. 

These changes will deploy to the Certification environment on November 8, 2022.  The Production environment deployment date is to be determined.  

The updated Cargo Release CATAIR document is available at the following location. 

https://www.cbp.gov/document/guidance/draft-ace-cargo-release-v331  Read More→

https://content.govdelivery.com/bulletins/gd/USDHSCBP-335ffcf?wgt_ref=USDHSCBP_WIDGET_2

Modernization of the Customs Broker Regulations

AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security, Department of the Treasury.

ACTION:

Final rule.

SUMMARY:

This document adopts as final, with changes, proposed amendments to the U.S. Customs and Border Protection (CBP) regulations modernizing the customs broker regulations. CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. To accomplish this, CBP is eliminating broker districts and district permits, which in turn removes the need for the maintenance of district offices, and district permit waivers. CBP is also updating, among other changes, the responsible supervision and control oversight framework, ensuring that customs business is conducted within the United States, and requiring that a customs broker have direct communication with an importer. These changes are designed to enable customs brokers to meet the challenges of the modern operating environment while maintaining a high level of service in customs business. Further, CBP is increasing fees for the broker license application to recover some of the costs associated with the review of customs broker Read More→

https://www.federalregister.gov/documents/2022/10/18/2022-22445/modernization-of-the-customs-broker-regulations

Lacey Act Coming Soon: Phase VII Declaration Implementation

The Lacey Act combats illegal trafficking of wildlife, fish, and plants. The 2008 Farm Bill amended the Lacey Act (16 U.S.C. §§ 3371-3378) and extended its protections to a broad range of plants and plant products, making it unlawful to import into the United States any plant or plant product that was illegally harvested. It also makes it unlawful to import certain products without a declaration. 

APHIS, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service administer the Lacey Act. APHIS is responsible for collecting declarations for imported plants and plant products, and defining the scope of plant materials that require a declaration. 

APHIS established through rulemaking a schedule for implementing the declaration requirement. Phases 1, 2, and 3 went into effect in 2009; phase 4 in 2010; and phase 5 in 2015. Phase 6 went into effect on October 1st, 2021. APHIS continues to evaluate products to include in future phases and will publish notices in the Federal Register to keep stakeholders and the public informed. A list of Federal Register publications are available on this website. Read More→

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/lacey-act

USITC TO INVESTIGATE U.S.-PACIFIC ISLAND TRADE AND INVESTMENT

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on Pacific Island trade and investment with the United States, including impediments to and opportunities for increased goods and services exports to the United States and U.S. investment in the Pacific Islands.

The investigation, U.S.-Pacific Islands Trade and Investment: Impediments and Opportunities, Inv. No. 332-593, was requested by the U.S. Trade Representative (USTR) in a letter received on September 29, 2022.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the USTR. The report will provide, to the extent practicable:

  • an overview of the Pacific Island economies, including major sectors in production, consumption, trade, and employment.

  • a description of goods and services exports from the Pacific Islands during the period 2017–21, and identification of major factors that impact those exports to the United States.

  • a description of the use of the U.S. General System of Preferences (GSP) program by the Pacific Island countries and identification of the goods from the Pacific Islands that enter the United States under GSP, sectors in which these programs might be underutilized, and factors affecting utilization of GSP.

  • a description of foreign investment in the Pacific Islands during the period 2017-21; and identification of major factors affecting investment from the United States.

  • identification of major products (including goods covered by the GSP program) and services in the Pacific Islands with greatest potential for export sales to the United States, sectors with U.S. investment potential, and the factors that impede trade and investment with the United States for these products and sectors using qualitative analysis and, to the extent data are available, quantitative analysis.

  • a description of initiatives and/or technical assistance that could address such trade and investment impediments, if found during the Commission’s research.

The USITC expects to submit its report to the USTR by September 29, 2023.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on February 14, 2023. A link to the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/calendar.html. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1028ll2006.htm

OIL COUNTRY TUBULAR GOODS FROM ARGENTINA, MEXICO, RUSSIA, AND SOUTH KOREA INJURES U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of oil country tubular goods from Argentina, Mexico, Russia, and South Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of Russia and South Korea.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from Russia and South Korea, and antidumping duty orders on imports of this product from Argentina, Mexico, and Russia.

The Commission also made negative critical circumstances findings with regard to imports of this product from Mexico and Russia. As a result, these imports will not be subject to retroactive antidumping duties.

The Commission’s public report Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea (Inv. Nos. 701-TA-671-672 and 731-TA-1571-1573 (Final), USITC Publication 5381, October 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by November 23, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1026ll2005.htm

Decision to Initiate Antidumping and Countervailing Duty Investigations of Certain Freight Rail Couplers and Parts Thereof from China and Mexico

On October 19, 2022, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of certain freight rail couplers and parts thereof (freight rail couplers) from China and an AD investigation of freight rail couplers from Mexico.

Initiation Rates

FDA Issues Final Guidance on Refusal of Inspection by a Foreign Food Establishment or Foreign Government

Today, the U.S. Food and Drug Administration (FDA) issued guidance that describes the actions, behaviors, and statements by a foreign food establishment or foreign government that the FDA considers to be a refusal of an FDA inspection.

Food for importation into the United States comes from all over the world.  One way that the FDA protects the U.S. food supply is by conducting inspections of foreign food facilities to identify potential food safety concerns. 

The FDA Food Safety Modernization Act (FSMA) gives the FDA authority to refuse entry of food offered for importation into the United States if the foreign food establishment or foreign government has refused to permit the FDA to inspect the foreign establishment that produced the food. The guidance issued today provides examples of situations that FDA may consider as constituting refusal.

For More Information

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https://www.fda.gov/food/cfsan-constituent-updates/fda-issues-final-guidance-refusal-inspection-foreign-food-establishment-or-foreign-government

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN HAZELNUTS AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hazelnuts and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Pratum Farm, LLC of Salem, OR on September 15, 2022 and supplemented on September 15, October 3, and October 4, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hazelnuts and products containing the same by reason of false advertising.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following as the respondents in this investigation:

Arslanturk Tarim Urunleri San Ihr Ve Ihr A.S. of Arakli-Trabzon, Turkey;

Balsu Gida San Ve Tic. A.S. of Beykoz Istanbul, Turkey;

Balsu USA of Miami, FL;

Farmeks Tarim Urunleri San Ve Tic. A.S. of Gaziemir/Izmir, Turkey;

Nimeks Organik Tarim Urun San Ve Tic Ltd., STI of Cigli/Izmir, Turkey;

Natural Food Source Inc. of Whitehall, PA;

Progida Tarim Urunleri San Ve Tic. A.S. of Maslak/Sariyer/Istanbul, Turkey; and

Ofi d/b/a Olam Edible Nuts of Fresno, CA.

By instituting this investigation (337-TA-1337), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2022/er1018ll2001.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SMART THERMOSTAT HUBS, SYSTEMS CONTAINING THE SAME AND COMPONENTS OF THE SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart thermostat hubs, systems containing the same and components of the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by EDST, LLC of Lubbock, TX and Quext IoT, LLC of Lubbock, TX on September 16.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostat hubs, systems containing the same and components of the same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following as the respondents in this investigation:

iApartments, Inc. of Tampa, FL;

Hsun Weath Technology Co., Ltd. of Taoyuan City, Taiwan; and

Huarifu Technology Co., Ltd. of Taoyuan City, Taiwan.

By instituting this investigation (337-TA-1339), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2022/er1018ll2002.htm

SODIUM NITRITE FROM RUSSIA INJURES U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of sodium nitrite from Russia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determination, Commerce will issue antidumping duty orders on imports of this product from Russia.

The Commission’s public report Sodium Nitrite from Russia (Inv. Nos. Inv. No. 731 TA-1586 (Final), USITC Publication 5379, October 2022) will contain the views of the Commission and information developed during the investigation.

The report will be available by November 14, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Sodium Nitrite from Russia

Investigation No.731-TA-1586 (Final)

 

Product Description:  Sodium nitrite (NaNO2, CAS registry number 7632-00-0) is an industrial chemical sold in solid or liquid form. Sodium nitrite is used in a wide range of industrial applications, including corrosion inhibition, detinning scrap tinplate, phosphating metals, and organic syntheses, notably the production of organic amines. Additional applications include the production of dyes and synthetic rubber, preservation of cured meat, and control of odor and inhibition of bacterial growth in wastewater treatment. It also serves in heat treating salts to harden metals, as an antidote to cyanide poisoning, and in military applications, including ammunition and explosives. These investigations cover sodium nitrite in any form, at any purity level. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1017ll2000.htm

USTR Announces Next Steps in Statutory Four-Year Review of China 301 Tariffs

October 12, 2022

WASHINGTON – The Office of the United States Trade Representative today announced the next steps in the statutory four-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation following requests for continuation from representatives of domestic industries
 
As explained in a formal notice, USTR is seeking public comments, consistent with the statutory directive, to consider the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of the actions on the United States economy, including consumers.  
 
USTR is establishing an electronic portal, scheduled to open on November 15, 2022, that will include more detailed questions on these issues, including questions about the impact of the actions on U.S. workers, U.S. small businesses, U.S. manufacturing, critical supply chains, U.S. technological leadership, and possible tariff inversions (i.e., where additional tariffs on goods are lower than additional tariffs on inputs used to produce those goods).  To facilitate the public’s preparation of comments, USTR intends to post the questions by November 1, in advance of the docket opening.   
 
USTR’s formal notice of the next steps in the review is also posted on USTR.gov. 
 
In May 2022, USTR commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation.  In September 2022, USTR announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/october/ustr-announces-next-steps-statutory-four-year-review-china-301-tariffs

USDA Proposes Additional Requirements for Imported Chilean Table Grapes

Washington, D.C., October 13, 2022 – The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) proposes to revise the conditions under which table grapes from Chile may be imported into the United States.

Currently, table grapes from Chile must be fumigated with methyl bromide to mitigate for the Chilean false red mite, Brevipalpus chilensis, and the European Grapevine Moth, Lobesia botrana. APHIS is proposing that table grapes from areas in which the moth is either absent or at very low prevalence could be imported into the United States under a systems approach or irradiation. The systems approach would provide an alternative to the current import requirement of mandatory treatment with methyl bromide fumigation.

APHIS prepared a pest risk assessment and a commodity import evaluation document. The commodity import evaluation identifies the phytosanitary measures that could be applied to table grapes from new areas of Chile without increasing the risk of introducing pests.

APHIS is making the pest risk assessment and commodity import evaluation available to the public for review and comment until December 16, 2022, 60 days from date of publication. To view the documents, go to www.regulations.gov, and enter APHIS-2021-0078 in the search field effective Monday, October 17, 2022.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2022/chilean-table-grapes

Submission of Food and Drug Administration Import Data in the Automated Commercial Environment for Veterinary Devices

AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule.

SUMMARY:

The Food and Drug Administration (FDA, the Agency, or we), with the Department of the Treasury's concurrence, is amending its regulations to require that certain data elements be submitted for veterinary devices that are being imported or offered for import in the Automated Commercial Environment (ACE) or any other electronic data interchange (EDI) system authorized by U.S. Customs and Border Protection (CBP), in order for CBP to process the filing and to help FDA in determining the admissibility of those veterinary devices. This final rule will make the submission of the general data elements currently required to be submitted in ACE for other FDA-regulated products at the time of entry also required in ACE for veterinary devices being imported or offered for import into the United States. This final rule will increase effective and efficient admissibility review by FDA of those entry lines containing a veterinary device, which will protect public health by allowing the Agency to focus its limited resources on FDA-regulated products that may be associated with a greater public health risk.

DATES:

This rule is effective November 17, 2022. Read More→

https://www.federalregister.gov/documents/2022/10/18/2022-22532/submission-of-food-and-drug-administration-import-data-in-the-automated-commercial-environment-for

Customs Broker Modernization Regulations 19 CFR 111

Background on Customs Broker Modernization Regulations Changes  ​

The Customs broker regulations in part 111 of title 19 of the Code of Federal Regulations (19 CFR 111) have been subject to review by the broker community, CBP, and the Commercial Customs Operations Advisory Council (COAC) for several years. During this time, CBP solicited feedback from the trade community through webinars, port meetings and trade association meetings, aiming to promote transparency and collaboration while modernizing regulations to reflect the role of the broker in today’s business environment.  

In the April 2016 COAC public meeting, the COAC Broker Regulations Working Group (BRWG) made 37 recommendations to modernize 19 CFR 111. The COAC BRWG included participants from the trade community and CBP representatives. BRWG Recommendations focused on the following areas: the evolving role of the broker; confidentiality, cybersecurity and record retention; responsible supervision and control and employee reporting; and licensing and permits. Included in those recommendations were a proposed single, national permit for brokers, as well as electronic process changes.  

The two Notices of Proposed Rulemaking (NPRMs), published June 5, 2020, reflected many of these recommendations and proposed changes to align the broker regulations with contemporary business practices in the electronic environment. Considering the proposed changes and public comments received in response to the NPRMs, CBP published two Final Rules on October 18, 2022, Modernization of the Customs Broker Regulations (87 FR 63267) and Elimination of Customs Broker District Permit Fee (87 FR 63262). These rules modernize the customs broker regulations and provide resource optimization for both industry and CBP and will update compliance requirements to protect revenue and strengthen CBP’s knowledge of importers.  

Key changes in the Final Rules include:

  • Creating a new term and definition for "Processing Center"

  • Transitioning to a national permit framework

  • Increasing license application fees and expanding forms of payment

  • Codifying that U.S. customs business is conducted within the U.S. customs territory

  • Revising regulations regarding the broker/client relationship

  • Updating the responsible supervision and control oversight framework

  • Strengthening cyber security and records requirements

  • Modernizing broker reporting and the electronic data interface (ACE) capabilities through the broker account portal

  • Changing broker exam and licensing processes Read More→

https://www.cbp.gov/trade/programs-administration/customs-brokers/modernization