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04

Phase 3: GSP Retroactive Refund Processing
U.S. Customs & Border Protection

BACKGROUND: On July 28, 2015, CBP published the Federal Register 80 FR 44986 announcing the renewal of the Generalized System of Preferences (GSP), effective July 29, 2015 through December 31, 2017. That FR addressed the application of retroactive duty refunds of all duties paid (not including interest) on GSP-eligible merchandise entered or withdrawn from warehouse for consumption during the lapse period from August 1, 2013 through July 28, 2015. The duty refund process is divided into three phases, described below:

Phase 1: The automated processing of entry summaries with SPI “A” which were submitted to CBP during the lapse period. Phase I processing was completed on September 28, 2015, with Headquarters successfully processing 98 percent of such entry summaries.

Phase 2: The manual processing of the remaining 2 percent of entry summaries with SPI “A” that could not be scripted. This 2 percent was assigned to the Ports for further investigation, duty refund determination, and duty refund processing. The Phase 2 target completion date was November 6, 2015. Most Ports have completed Phase 2 processing. However some Ports have requested extensions.

Phase 3: The processing of importer-initiated refund requests submitted to the Ports.

The Ports that have completed Phase 2 (manual refund processing) have begun Phase 3 processing of importer and broker initiated requests.

GSP Duty Refund Request:

An importer may submit written duty refund requests for entry summaries submitted during the GSP lapse period on which the special program indicator “A” was not transmitted. Refund requests may be submitted as letters, Post Entry Amendments (PEA), Post Summary Corrections (PSC), Protests1, or using other written medium.

1Note: Please be advised that this is not a “true Protest” but in this instance is an acceptable vehicle to claim a GSP refund.

The GSP refund request should include the entry summary line-level details, specifically:

- The entry number
- The line number
- The HTS number
- The estimated total refund
- The Point of Contact Phone Number and Email Address

CBP reserves the right to reject the duty refund request if sufficient line-level data (where applicable) is not provided.

Per Public Law 114-27, any GSP refund request received by CBP after December 28, 2015 will be denied. The sole exception is a re-submission of a previously submitted request.

Questions regarding the GSP program should be directed to Maggie Gray, Acting Chief, Trade Agreements Branch, at FTA@dhs.gov or at (202) 863-6621. Refund processing questions should be directed to Randy Mitchell, Acting Director, Commercial Operations and Entry Division at (202) 863-6532.


Statement By Secretary Jeh C. Johnson On Steps To Further Secure The Homeland
Department of Homeland Security

In the wake of the terrorist attacks in Paris, federal, state and local law enforcement and homeland security officials in this country have been in a heightened state of readiness. This past Thanksgiving week, many Americans witnessed this first-hand at airports, train stations, parades, public places and events.  

Since the attacks in Paris, there has been anxiety across our own country. I understand that anxiety. But, in this environment we must guard against actions that are ill-considered, misdirected and counterproductive. We must focus our efforts on measures that will actually strengthen our screening of those who travel to the United States, and better secure the homeland.  

On November 19, the House passed legislation concerning the vetting process for Syrian and Iraqi refugees. This bill was passed in haste after about two days’ consideration. It adds layers of additional bureaucracy to an already thorough and multi-layered vetting process that takes an average 18-24 months per refugee. If this bill becomes law, we will effectively shut the door of this country on many desperate women, children and families fleeing the very same terrorism and violence that we abhor. This is a bad bill, and the President has vowed to veto it.

There are other, more effective ways the Administration and Congress can help secure the homeland.  

First, there are many in Congress interested in legislation to strengthen the security of our Visa Waiver Program. This is a good idea, and we are prepared to work with Congress toward that goal. At present there are 38 countries from which their citizens and nationals may travel to the United States without a visa. The Visa Waiver Program is a valuable tool to promote lawful trade and travel with our best foreign allies. But, as many have noted, ISIL's force consists of foreign terrorist fighters, including thousands from countries in the Visa Waiver Program. It is for this reason principally that I directed a series of security enhancements to the Visa Waiver Program which began in November 2014. In August 2015, I announced a series of further security enhancements to the program. These included requirements for E-Passports, the use of Interpol's screening capabilities, and more robust implementation of the information sharing agreements required under the Visa Waiver Program. We support legislation to give these enhancements the force of law.

Second, there are ways in which Congress can support our strategy to expand "preclearance" capability at overseas airports. This means deploying our U.S. Customs officials to foreign airports with direct flights to the United States, to screen passengers bound for the U.S. before they arrive on U.S. soil. So far, we’ve established this preclearance capability at 15 airports worldwide, and it has proven very effective in denying boarding to suspicious individuals. We need to build more of these.

Third, Congress can fully fund the President’s budget proposal for aviation security.

Meanwhile, those of us in homeland security are taking a number of actions within our existing authorities to address the current threat environment, and we are always evaluating whether more is necessary.

Even now, the Administration is accelerating our diplomatic engagements with countries in the Visa Waiver Program, to (i) emphasize the need to raise security cooperation in light of the threat posed by ISIL, and (ii) offer the full range of U.S. Government capabilities to interested Visa Waiver Program countries hoping to improve their own security capabilities. Following the continuous review DHS conducts of the Visa Waiver Program, I will be reporting back to the President on any priority concerns, along with specific steps to improve cooperation, and also, where applicable, penalties. DHS will further examine and pilot innovative approaches to biometrics to further enhance the Visa Waiver Program. I have also directed that, as part of the evaluation of individual travelers from Visa Waiver countries, we determine more directly whether the traveler has been to a terrorist safe haven.  

Since he was appointed in July, our new TSA Administrator Peter Neffenger has taken a number of steps to strengthen aviation security and the screening of passengers at airports. Earlier this month, in response to the crash of Metrojet 9268, I directed a number of other security enhancements at domestic and certain foreign airports with flights directly to the U.S.  

We’re focused on airport security. Since April we’ve enhanced the continuous, random screening of airport/airline personnel in secure areas, and encouraged U.S. airports to reduce employee access points. The TSA Administrator and I have recently concluded that we need to double-down on these airport security efforts and will be consulting with airports and airlines to do so.    

These are just some of the things we are doing to secure the homeland and protect the American people.

There is a role for the public, too. We urge all Americans to exercise their freedom to travel, attend public events, celebrate the holidays, but be vigilant and aware, and report suspicious things and activity. “If You See Something, Say SomethingTM” is more than a slogan.

In a free and open democratic society, we cannot erase all risk. Nor should we succumb to panic, fear and anxiety, and compromise our values.

Terrorism cannot prevail in a society that refuses to be terrorized.


USDA Report Warns Climate Change Likely to Impede Progress on Global Food Security
US Department of Agriculture

PARIS, Dec. 2, 2015 — Climate change is likely to impede progress on reducing undernourishment around the world in the decades ahead, according to a major scientific assessment released today by the U.S. Department of Agriculture (USDA) on global food security and its implications for the United States. The report, entitled Climate Change, Global Food Security and the U.S. Food System, identifies the risks that climate change poses to global food security and the challenges facing farmers and consumers in adapting to changing climate conditions. Secretary Vilsack released the report during the COP-21 Paris Climate Conference.

In the absence of response measures, climate change is likely to diminish continued progress on global food security through production disruption that lead to constraints on local availability and price increases, interrupted transport conduits, and diminished food safety, among other causes. The risks are greatest for the global poor and in tropical regions.

President Obama has pledged to reduce U.S. greenhouse gas emissions in the range of 26-28 percent below 2005 levels by 2025. U.S. agriculture is helping meet this goal, and American farmers, ranchers and foresters have demonstrated their leadership in recognition that their contributions send a strong message to the rest of the world.

"The past six years have been a success story in terms of global food security. Two hundred million fewer people are food insecure today than they were six years ago. The challenge we now face is whether we can maintain and even accelerate this progress despite the threats from climate change," said Agriculture Secretary Tom Vilsack. "The report we are releasing today highlights these challenges and offers pathways to avoid the most damaging effects of climate change."

"The report found that climate change is likely to cause disruptions in food production and a decrease in food safety, which in turn leads to local availability limitations and increases in food prices, with these risks greatest for the global poor and in tropical regions," said Dr. John Holdren, Assistant to the President or Science and Technology and Director of the White House Office of Science and Technology Policy. "Accurately identifying needs and vulnerabilities, and effectively targeting adaptive practices and technologies across the full scope of the food system, are central to improving global food security in a changing climate."

Food systems in the United States benefit from a large area of arable land, high agricultural yields, vast integrated transportation systems, and a high level of overall economic development. However, changes in climate are expected to affect U.S. consumers and producers by altering the type and price of food imports from other regions of the world, as well as by changing export demand, and transportation, processing, storage, infrastructure that enable global trade.

Climate risks to food security increase as the magnitude and rate of climate change increase. Higher emissions and concentrations of greenhouse gases are much more likely to have damaging effects than lower emissions and concentrations. The author team reviewed a range of scenarios. Under scenarios with continued increases in greenhouse gas emissions the number of people at risk of undernourishment would increase by as much as 175 million above today's level by 2080. Scenarios with lower population growth and more robust economic growth coupled with lower greenhouse gas emissions resulted in large reductions in the number of food insecure people compared to today. Even in these scenarios, higher greenhouse gas emissions resulted in more food insecurity than lower emissions.

Effective adaptation can reduce food system vulnerability to climate change and reduce detrimental climate change effects on food security, but socioeconomic conditions can impede the adoption of technically feasible adaptation options. The agricultural sector has a strong record of adapting to changing conditions. There are many opportunities to strengthen agricultural economies and bring more advanced methods of crop production to low-yielding agricultural regions. Other promising adaptations include reducing food waste through innovative packaging, expanding cold storage to lengthen shelf life, and improving transportation infrastructure to move food more rapidly to markets.

On April 23rd, 2015, Agriculture Secretary Vilsack announced USDA's 10 Building Blocks for Climate Smart Agriculture, a comprehensive set of voluntary programs and initiatives that is expected to reduce net emissions and enhance carbon sequestration by over 120 million metric tons of CO2 equivalent by 2025 - about 2 percent of economy-wide emissions. The ten "building blocks" span a range of technologies and practices to reduce greenhouse gas emissions, increase carbon storage, and generate clean renewable energy. USDA also supports global food security through in-country capacity building, basic and applied research, and support for improved market information, statistics and analysis.

'Climate Change, Global Food Security and the U.S. Food System' was prepared as part of the United States National Climate Assessment and part of the President's Climate Action Plan. USDA led the production of the report on behalf of the thirteen Federal Agencies of the U.S. Global Change Research Program. Thirty-one authors and contributors prepared the report, representing nineteen federal, academic, nongovernmental, and intergovernmental institutions in four countries.


Baltimore CBP Intercepts First in Nation Destructive Beet Flea Beetle in Shipment of Italian Ceramic Tiles
U.S. Customs & Border Protection

BALTIMORE - A U.S. Department of Agriculture (USDA) entomologist confirmed Wednesday that U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) agriculture specialists at the Port of Baltimore made a first in nation pest discovery when they intercepted a live insect known as Chaetocnema breviuscula Felderman (Chrysomelidae), a beet flea beetle, while inspecting ceramic tile from Italy.

This jumping beetle chews little holes in the leaves of agriculture crops.  Young plants suffer badly and normally die. 

“Keeping this pest out of the nation saves the American agricultural industry from the expense of eradication, and the hardship of finding their crops damaged by a new danger,” said Dianna Bowman CBP Area Port Director for the Port of Baltimore.  “By stopping destructive species at the border, before they can enter the United States for the first time, CBP officers and agriculture specialists protect this vital American industry.”

The beetle was discovered November 12 at the Baltimore Seaport in the interior of a container containing ceramic tile from Italy.  The specimen was forwarded to a USDA- Animal and Plant Health Inspection Service (APHIS) – Plant Protection Quarantine (PPQ) entomologist for identification.

On November 25, USDA confirmed that this was the first identification of this species in the United States.

CBP Agriculture specialists have extensive training and experience in the biological sciences and agriculture inspection. On a typical day nationally, they inspect over 1 million people as well as air and sea cargo imported to the United States and intercept 4,447 prohibited meat, plant materials or animal products, including 425 agriculture pests and diseases.

Learn more about CBP's agriculture protection mission.


‘Tis the Season: Protect Yourself from Holiday Counterfeiters
U.S. Customs & Border Protection

Online shopping has become a hallmark of the holiday season as people search for that perfect gift for family, friends, coworkers, and clients. But U.S. Customs and Border Protection wants all consumers to know that there are plenty of scam artists eager to sell fake goods in place of the genuine article.

Counterfeit and pirated products threaten our economic security by hurting legitimate businesses who invest significant amounts of resources into protecting their brands. Even worse, these products often pose serious health and safety hazards to the people who buy and use them.

Counterfeit electronics can overheat due to improper manufacturing processes, and fake bicycle helmets can break upon impact. Phony cosmetics can lead to skin ailments, and even seasonal holiday lights can be poorly made, resulting in fires.

There are steps shoppers can take to protect themselves year-round. Exercise caution when buying merchandise through social media platforms. Avoid clicking on suspicious advertisements either emailed directly or found while searching the Internet.

Key signs that a website may be peddling counterfeit goods include:

  • All the products listed are on sale or offered at extremely low prices.
  • The website does not have proper contact information.
  • The product is not shipping from within the United States.
  • The buyer is redirected to an external online payment system during checkout.

Counterfeit products may be unusually packaged and the brand name may be misspelled. Pirated products also may lack the proper markings from independent safety organizations. Consumers are advised to review return policies, and contact the website for more information. If returning the item is not an option, contact the bank to see if they offer any type of fraud protection, and report the crime through the Immigration and Customs Enforcement Tip Line 1-866-DHS-2-ICE.

CBP’s Intellectual Property Rights Center works with the Department of Justice Task Force on Intellectual Property to fight criminal counterfeiting and piracy. The Center’s 23 member agencies share information and coordinate investigations and enforcement actions.

The stakes are high: a recent survey by the National Retail Federation found that online holiday shopping sales are expected to top $105 billion this holiday season. Facilitating lawful trade and protecting the U.S. economy is an important part of our mission. CBP wishes everyone a safe, smart holiday shopping season.


NY/NJ: New Toll Rates
NY/NJ Port of Authority

New Toll rates will be effective December 6, 2015.  See Toll Rate Chart. All rates apply to the Lincoln & Holland tunnels, the George Washington, Bayonne & Goethals bridges, and the Outerbridge Crossing. Tolls are collected entering New York. No tolls are collected entering New Jersey.
 
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