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Ports Strike in Los Angeles and Long Beach Ends with Tentative Settlement
Federal Mediation and Conciliation Service / www.fmc.gov
12/5/2 012 - Clerical workers at the ports of Los Angeles and Long Beach are expected to return to work after leaders of the 800-member International Longshore and Warehouse Union Local 63 Office Clerical Unit agreed to a te ntative settlement with the Harbor Employers Association after an extended negotiating session. Union members still must ratify the settlement, which ended a work stoppage that crippled two of the nation's busiest ports.
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Drawback Claims on Merchandise Destroyed by Hurricane Sandy
U.S. Customs & Border Protection / www.cbp.gov
This message is to provide guidance for claiming drawback on imported goods that were damaged or destroyed during Hurricane Sandy. If duties and taxes were paid and the goods are either exported or destroyed, the goods may qualify for a duty drawback refund under 19 U.S.C § 1313(c).
The importer will be required to provide documentation to U.S. Customs and Border Protection (CBP) with details about the condition of the merchandise, as well as any insurance claims filed. Please note that if the importer has been reimbursed for duties and taxes via an insurance claim, the merchandise is not eligible for drawback.
CBP will waive the requirement to file a CBP Form 7553, Notice of Intent to Export or Destroy, as long as the importer provides detailed supporting documents showing the movement of the merchandise from import through to its ultimate exportation or destruction. This documentation must include the submission of any comprehensive insurance claim filed by the claimant which indicates to CBP that duties and taxes were not included, as well as third-party destruction documentation which demonstrates to CBP that the merchandise was completely destroyed and will no longer be an article of commerce. All drawback claims which are submitted to CBP should be clearly marked as “Hurricane Sandy” filings to allow for acceptance of the claim with these special requirements.
CBP Increases Value for the Informal Entry Limit
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/national/12062012.xml
Washington — The United States Government announced that it is delivering on a key commitment under the U.S.-Canada Beyond the Border Action Plan through the publication of a final rule in the Federal Register titled “Informal Entry Limit and Removal of a Formal Entry Requirement,” which will increase the value threshold for expedited customs clearance. The rule will increase the value thresholds to $2,500 for expedited customs clearance from the current levels of $2,000.
This rule will facilitate trade for low value shipments. Importers will realize an annual benefit of an estimated $13 million. The final rule is effective on January 7, 2013.
On October 28, 2011, CBP published a proposed rule in the Federal Register proposing to amend title 19 of the Code of Federal Regulations to increase the informal entry limit from $2,000 to $2,500, the maximum statutory limit, in response to inflation and to reduce the burden on importers and other entry filers. CBP received comments on the proposed rule for 60 days. Currently, for any merchandise valued over $2,000, CBP requires importers to provide a surety bond, complete CBP form 7501, and pay a minimum of $25 in Merchandise Processing Fees.
Questions and Answers about Reconciliation
U.S. Customs & Border Protection / www.cbp.gov
Q: How do I tell Customs and Border Protection (CBP) of my intention to reconcile?
A: There are two options. As part of the ABI header transmission of an entry summary, you may provide an electronic “flag.” This electronic flag will identify the undeterminable issue(s) subject to reconciliation.
The second option for notifying CBP of an intention to reconcile is via a blanket application. This application must be submitted to CBP in writing and must specify the importer of record number, the period of time involved and the indeterminable issue(s) subject to reconciliation. CBP will then generate an electronic flag for ALL entry summaries filed within the specified scope. Should an importer wish to flag for reconciliation at a more detailed level (e.g., importer, time period, HTS), the blanket application is not an option and the entries should be flagged on an entry-by-entry basis. The blanket application must be received by CBP no later than seven working days prior to transmission of the first entry summary subject to Reconciliation.
Q: What are the options for filing a Reconciliation?
A: There are two options:
- Reconcile Entry-by-entry. This is available for increases and decreases.
- Retain drawback privileges on both the underlying entries and the reconciled adjustment.
Q: Why can’t I file an aggregate Reconciliation when I need a refund?
A: CBP must have financial safeguards to ensure that it does not refund more than is due. Refunds, caused by change liquidations, drawback, etc., are paid on an entry-by-entry basis. A refund from an Aggregate Reconciliation would not be associated with any entry, so CBP couldn’t be sure that money from a given entry wasn’t refunded twice.
Q: How are my drawback privileges affected by Reconciliation?
A: Drawback claims are not accepted on any entry, which has been flagged for reconciliation until the Reconciliation is filed.
If you file Entry-by-entry Reconciliation, you have full drawback privileges on both the estimated duties paid at the time of summary AND any increased adjustment resulting from the Reconciliation, once the Reconciliation is filed with duties/taxes/fees deposited.
If you file an Aggregate Reconciliation, you have drawback privileges on all underlying entries upon filing of the Reconciliation. You can never claim drawback on the additional amount you tender with the Reconciliation. For example, if the entered value on the underlying entry if $1,000, and the overall Reconciliation increase adjustment is $10,000, once the Reconciliation is filed, the $1,000 is eligible for drawback. The $10,000 will not be eligible for drawback.
Q: Once I start flagging entries, how long do I have to file my Reconciliation?
A: 520(d) Reconciliations have a separate deadline from Reconciliations of other issues. (Certain free trade agreements - North American Free Trade Agreement, the United States-Chile Free Trade Agreement, the Dominican Republic-Central America-United States Free Trade Agreement, the United States-Oman Free Trade Agreement, the United States-Peru Trade Promotion Agreement Implementation Act, the United States-Panama Trade Promotion Agreement, the U.S.-Korea Free Trade Agreement and the United States-Colombia Trade Promotion Agreement is 12 months from the earliest import date. Valuation, 9802 and classification is 15 months from earliest summary date, 21 months from earliest summary date for entries made on or after February 9, 2005).
Q: Do I have to wait to the end of 15/21 months to file my Reconciliation?
A: No. That's just the maximum time frame. If you have your data together sooner and want to file your Reconciliation at 4 months, for example, that's fine with us.
Q: Can an importer file two separate Reconciliations for a time period, one for increases and one for decreases?
A: Yes. As mentioned above, 520(d) Reconciliations have a shorter time frame. They can be submitted separately.
As for Reconciliation of the other issues, two separate Reconciliations may be filed for a time period (i.e., Aggregate Reconciliation for increases and no-changes, and an Entry-by-entry Reconciliation for refunds requested.) The limitation is that a given entry summary must be dealt with only on ONE of the two Reconciliations. (The Customs computer system will allow an entry summary to be Reconciled ONCE for 520(d) and ONCE for everything else
New Amistad Dam Crossing Facility to Open Dec. 11
U. S. Customs & Border Protection / www.cbp.gov
Del Rio, Texas – The new inspection facility at Amistad Dam is slated to open for business at 10 a.m., Tuesday, Dec. 11.
The new facility replaces the inspection station that currently sits atop Amistad Dam, constructed along with the dam in 1968 at a time when our nation did not face today’s security challenges and threats. The inspection facility is located across the international border from Presa Amistad, Coahuila, Mexico. It processes on average 68,676 cars each year. Whether large or small, our ports need to securely serve their operational use.
Hours of operation will still be 10 a.m. to 6 p.m.
While the Federal Inspection Facility at Amistad Dam will still close officially at 6 p.m. every day, the increased distance between the gate at the international boundary line, at the center of the dam, and the inspection area will mean that the gate will have to close a little earlier in order to ensure no traffic is stuck between the two points.
“We will still close the Federal Inspection Service gates at 6 p.m. sharp,” said Michael Perez, CBP Port Director, Del Rio. “However, the distance from the Mexican Customs gate to the new CBP inspection site is now two miles. Closing the gate at the center of the dam at 5:45 p.m. will ensure that all traffic will have a chance to reach us before close of business.”
Historically, visitors to Amistad Dam have enjoyed walking to the center point overlooking the spillway to be photographed with the giant eagles that represent the United States and Mexico. Visitors to Amistad Dam are reminded that after Dec. 11, they must have proper documentation to return to the United States through the Amistad Dam Inspection Facility. WHTI (Western Hemisphere Travel Initiative)-approved travel documents must be presented upon entering the country. For more information on WHTI-approved documents, go to WHTI
The Amistad Dam Inspection Facility was funded by The American Recovery and Reinvestment Act of 2009, which appropriated $420 million to address modernization needs at CBP-owned land ports of entry while promoting economic growth and job creation.
Key components of the modernization project include:
- A main building with a public lobby and public restroom
- Two office work stations, and two pedestrian processing counters
- An enforcement area that consists of two holding cells, one interview room, and one search room
- A local area network room and building support space for mechanical and electrical equipment
- Officer space that includes a staff restroom, locker space, and a break room
- Inbound inspection booth and a government owned vehicle garage
- Site improvements that include perimeter fencing, lighting, gates and other security measures
FMCSA Implements Improvements to its Safety Measurement System
U.S. Department of Transportation / www.dot.gov
WASHINGTON, DC – The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today implemented 11 new improvements to its Safety Measurement System (SMS). The changes, developed over several months with feedback from the public and stakeholders throughout the industry, will enhance the agency’s ability to identify and take action against trucks and buses with safety and compliance concerns.
The SMS uses all available inspection and crash data to prioritize carriers for interventions. SMS quantifies on-road safety performance of carriers to identify the specific safety problems the carrier exhibits and to monitor whether performance is improving or worsening. SMS helps FMCSA more efficiently apply its resources and bring carriers and drivers into compliance with Federal safety regulations in order to prevent crashes and save lives.
"Safety is our number one priority,” said U.S. Transportation Secretary Ray LaHood. “These improvements will enable us to more accurately identify unsafe truck and bus companies and intervene before tragedies occur.”
The SMS improvements will give FMCSA more precise information to assess a company’s on-the-road safety performance. The enhancements implemented today include:
- Changing the Cargo-Related BASIC (Behavior Analysis and Safety Improvement Category) to the Hazardous Materials (HM) Compliance BASIC to better identify HM-related safety and compliance problems. Motor carriers and law enforcement can view this new BASIC in December; however FMCSA will conduct further monitoring before the BASIC is made public.
- Strengthening the Vehicle Maintenance BASIC by including cargo and load securement violations that were previously in the Cargo-Related BASIC.
- Counting intermodal equipment violations found during drivers’ pre-trip inspections.
- Aligning speeding violations to be consistent with current speedometer regulations that require speedometers to be accurate within 5 mph. The change applies to the prior 24 months of data used by the SMS and all SMS data moving forward.
- Changing the name of the Fatigued Driving BASIC to the Hours-of-Service (HOS) Compliance BASIC to more accurately reflect violations contained within the BASIC.
- Aligning the severity weight of paper and electronic logbook violations equally on the SMS for consistency purposes.
FMCSA provided a four-month preview period to give the public and industry ample opportunity to review and comment on the proposed changes to FMCSA's SMS. Overall, more than 19,000 companies and 2,900 law enforcement personnel participated in the public preview.
“These SMS enhancements reflect FMCSA’s commitment to listening to our stakeholders and researching and analyzing enhancements in the name of safety,” said FMCSA Administrator Anne S. Ferro. “By strengthening our cornerstone enforcement program, we are continuing to raise the bar for truck and bus safety.”
Motor carriers are encouraged to check their safety data at http://ai.fmcsa.dot.gov/sms to see how the SMS changes may have affected their SMS results.
For complete details on the new SMS improvements, visit the Compliance, Safety, Accountability (CSA) web site at http://csa.fmcsa.dot.gov/
CBP Pitches Perfect Game on Counterfeit Tigers Gear
U.S. Customs and Border Protection picks off $300,000 of counterfeit goods
U.S. Customs & Border Protection / www.cbp.gov
Detroit – U.S. Customs and Border Protection (CBP) Office of Field Operations in Detroit seized a shipment of knit Detroit Tigers hats and headbands from China, destined for Warren, Michigan. The goods were subject to seizure because they failed to indicate the proper country of origin, as required by law, and because they bore a counterfeit trademark, the stylized “D” of the Detroit Tigers. Only properly licensed manufacturers may make use of a trademark such as the Major League Baseball properties at issue here.
“CBP is on the frontline of [intellectual property rights] enforcement, partnering with industry, other federal agencies and foreign governments to fight cross-border trade in counterfeit and pirated goods like this one,” said Director of Field Operations, Christopher Perry. “It’s a great feeling knowing that we are protecting our nation’s economy, the safety of its people, and our national security against harm from counterfeit and pirated goods.”
A total of 112 boxes containing hats and headbands are being held in secure storage for final disposition of the seizure.
“Major League Baseball Properties is pleased to work with U.S. Customs and Border Protection and other law enforcement agencies to address counterfeiting issues that affect all fans,” said Ethan Orlinsky, Senior Vice President and General Counsel, Major League Baseball Properties. “We applaud the trademark protection efforts undertaken by the U.S. Customs and Border Protection offices throughout the country including those taken by the USCBP in Detroit earlier this month. Removing counterfeit products from the marketplace, protects consumers from potential harm, allows legitimate manufacturers, retailers and their employees to maintain their jobs, eliminates shoddy products from the marketplace and otherwise protects our economy from sales by companies that d on’t typically pay taxes.”
In fiscal year 2011, efforts by CBP and other federal partners to enforce IPR laws led to more than 24,000 seizures, a 24 percent increase compared to the previous year.
Zero Tolerance at the Baltimore Cruise Terminal
U.S. Customs & Border Protection / www.cbp.gov
Baltimore — Customs and Border Protection officers at the Baltimore cruise terminal issued a zero tolerance penalty of $500 Sunday to a cruise ship traveler for possessing a personal quantity of marijuana.
A CBP narcotics detector dog alerted to the presence of a controlled substance in the luggage of a disembarking passenger. A subsequent search by CBP officers resulted in the discovery and seizure of a plastic bag containing marijuana and marijuana cigarette butts weighing half a gram. The man, a Washington, D.C. resident, was assessed a $500 penalty and released.
“The number of travelers we encounter possessing controlled substances is very small compared to the more than 335,000 passengers we inspect at the cruise terminal annually. Nearly all narcotics seizures at the cruise terminal are of amounts considered to be for personal use; however, possessing narcotics remains illegal and travelers face severe consequences, from costly civil penalties up to, and including, possible arrest,” said Ricardo Scheller, CBP Port Director for the Port of Baltimore.
Cruise ships sail internationally and CBP inspects each passenger and crewman aboard ship upon arrival. CBP also conducts outbound inspections. One component of the CBP inspectional process is narcotics enforcement.
CBP officers and their narcotics detector dogs have previously discovered narcotics on arriving cruise ships in amounts larger than for personal use.
On Dec. 18, 2010, CBP was involved in the arrest of three crewmen from the Royal Caribbean ship Enchantment of the Seas, who attempted to smuggle more than 2.2 pounds of heroin and more than one pound of cocaine into the United States
On Jan. 8, 2011, a CBP narcotics detector dog sniffed out 1 pound, 8 ounces of cocaine and 14 ounces of heroin hidden in an equipment locker on board the Royal Caribbean ship Enchantment of the Seas. No arrests were made in the case.
“CBP officers and our federal, state and local law enforcement partners remain vigilant in identifying and dismantling narcotics smuggling networks that attempt to utilize unsuspecting cruise ship operators to transport their contraband to the U.S.,” said Scheller.
CBP officers have also discovered handguns that passengers have forgotten to remove from their luggage. In nearly all cases, local authorities seize the handguns and have issued citations and/or made arrests.
On average, CBP seizes 13,717 pounds of drugs a day at our U. S. ports of entry nationwide. In addition to narcotics interdiction, CBP conducts inspection operations and intercepts currency, weapons, prohibited agriculture products or other illicit items.
Travelers are encouraged to visit the CBP Travel website to learn rules governing travel to and from the U.S. ( Travel )
The Privacy Act prohibits releasing the name of a traveler when there are no criminal charges.
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