CSMS # 60144714 - Update on Vague Merchandise Description Cargo Messages - U.S. Customs & Border Protection
This is an update to CSMS #60011750, published on April 1, 2024.
U.S. Customs and Border Protection (CBP) has implemented nationwide cargo messaging to communicate with the entry filer on shipments that have vague noncompliant cargo descriptions.
19 CFR § 4.7a, 122.48a, 123.91, 123.92 and 128.21 require a precise, or specific, description of the merchandise.
This messaging will be sent in the SO20 record (position 8-57) with a Reference Identifier Qualifier "CMT" within the ACE Cargo Release Status Notification message.
In most cases, messages will be sent via ACE Cargo Release after release of the cargo. Brokers and importers are expected to process these messages and work to correct the issue with the shipper and bill of lading issuer for compliance on future shipments.
Below is an example of a cargo message transmitted with a vague cargo description:
ecommerce@cbp.dhs.gov Cargo description unacceptably vague. A precise description is required.
Brokers and Freight Forwarders who self-file House Bills are held to the same standard as carriers and are expected to screen data for compliance with cargo declaration regulations. When the entry filer and bill of lading filer are the same, corrective action is expected immediately. If CBP identifies any enforcement concerns, CBP may take additional actions. In instances where the entry filer and bill of lading filer are not the same party, CBP encourages the entry filer to communicate the issue to the bill of lading filer but is not required to do so.
Entry filers who do not file the bill data should also be advised that the notification message will indicate that the entry transaction, which has a 10-digit Harmonized Tarriff Schedule of the United States (HTSUS) classification, is associated with a bill that included an unacceptably vague cargo description. The entry filer is required to demonstrate upon request how the classification was determined.
A list of unacceptable cargo descriptions can be found on the CBP website at:
https://www.cbp.gov/trade/basic-import-export/e-commerce.
CBP is aiming to address vague cargo descriptions including, but not limited to, “gift”, “daily necessities”, “accessories”, “parts” and “consolidated”. “Consolidated” is only acceptable at the master bill level. Carriers and other parties electing to file electronic cargo information data to CBP are required to provide a precise description of the cargo.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Granular Polytetrafluoroethylene Resin From India: Preliminary Results and Partial Recission of the Countervailing Duty Administrative Review; 2021-2022
• Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: 2,4-Dichlorophenoxyacetic Acid From the People's Republic of China and India
• Certain Hot-Rolled Steel Flat Products From Japan: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; Notice of Amended Final Results
• Aluminum Lithographic Printing Plates From the People's Republic of China: Preliminary Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Epoxy Resins From China, India, South Korea, Taiwan, and Thailand; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Methionine From Spain: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Clad Steel Plate From Japan
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Fine Denier Polyester Staple Fiber From the People's Republic of China, India, the Republic of Korea, and Taiwan: Continuation of Antidumping and Countervailing Duty Orders
• Refillable Stainless Steel Kegs From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2021-2022
• Hydrofluorocarbon Blends From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022
• Refillable Stainless Steel Kegs From the People's Republic of China: Final Results of the Countervailing Duty Administrative Review; 2021
• Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R-410B, R-407G, and a Certain Custom Blend From the People's Republic of China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Mattresses From Thailand: Final Results of Antidumping Duty Administrative Review; 2022-2023
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CBP issues Withhold Release Order on Shanghai Select Safety Products and its subsidiaries - U.S. Customs & Border Protection
Agency will detain imports of work gloves manufactured using convict labor
WASHINGTON — Effective today, U.S. Customs and Border Protection (CBP) personnel at all U.S. ports of entry will detain work gloves manufactured by Shanghai Select Safety Products Company, Limited and its two subsidiaries from China, Select (Nantong) Safety Products Co. Limited and Select Protective Technology (HK) Limited.
CBP issued a Withhold Release Order (WRO) against Shanghai Select Safety Products Company, Limited and its two subsidiaries Nantong and HK, based on information that reasonably indicates the use of convict labor in violation of 19 U.S.C. § 1307 in the production of that merchandise. The International Labour Organization estimates that nearly 28 million workers suffer under conditions of forced labor worldwide, and WROs are a way to send a message to foreign companies exploiting workers that this will not be tolerated in U.S. supply chains. Forced labor exposes vulnerable populations to inhumane working conditions, and also hurts American workers and law-abiding businesses who cannot compete with forced labor goods that are sold below market value.
“The U.S. government sets the standard across the globe for ethical and responsible commercial transactions as we prioritize our efforts in combatting forced labor,” said CBP Senior Official Performing the Duties of the Commissioner Troy A. Miller. “We continue to see the impacts of our actions as companies implement plans of action to remediate indicators of forced labor, resulting in improved living and working conditions for laborers, and so it is essential to continue this work until we’ve eliminated forced labor from our supply chains.”
The use of convict labor to produce goods imported into the United States in order to sell goods below market value is a violation of Section 1307, and hurts law-abiding businesses, threatens American jobs, and exposes consumers to the risk of making unethical purchases.
The WRO against Shanghai Select Safety Products Company, Limited is the latest action the United States has taken to address forced labor and other human rights abuses around the world. With this WRO issuance, CBP currently oversees and enforces 52 WROs and eight Findings under 19 U.S.C. § 1307. This law prohibits the importation of “[a]ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor, or/and indentured labor under penal sanctions . . . ,” which includes forced or indentured child labor. When CBP has information reasonably indicating that imported goods are made by forced labor in violation of Section 1307, the agency will order personnel at U.S. ports of entry to detain shipments of those goods. Such shipments will be excluded or subjected to seizure and forfeiture if the importer fails to demonstrate proof of admissibility in accordance with applicable regulations.
“We have been clear that we will not tolerate any form of forced labor in U.S. supply chains,” said CBP Executive Assistant Commissioner AnnMarie R. Highsmith. “We encourage like-minded partners to join us in supporting fair competition in the global marketplace.”
“We continue to send a strong message to the importing community that the United States will not tolerate forced labor and human rights abuses in our supply chains,” said Robert Silvers, DHS Under Secretary for Policy and Chair of the federal Forced Labor Enforcement Task Force. “CBP’s actions today demonstrate that we will enforce all of our forced labor laws vigorously.”
Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or is likely to be, imported into the United States, can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
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Addition of Entities to and Revision of Entry on the Entity List - Bureau of Industry and Security/Federal Register
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 11 entries to the Entity List, under the destinations of the Peoples Republic of China (China) (6), the Russian Federation (Russia) (3), and the United Arab Emirates (UAE) (2). These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also modifies one existing entity on the Entity List under the destination of China.
DATES: This rule is effective April 11, 2024.
SUPPLEMENTARY INFORMATION:
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Fact Sheet: COVID-19 Fraud Enforcement Task Force 2024 Report - U.S. Department of Justice
Since its inception in May 2021, members of the COVID-19 Fraud Enforcement Task Force (CFETF) have used a full range of tools to hold accountable fraudsters and other criminals who sought to exploit the government’s pandemic response for their personal gain. This work has resulted in:
• More than 3,500 defendants charged with federal crimes.
• More than $1.4 billion in seizures and forfeiture orders to recover stolen CARES Act funds.
• More than 400 civil settlements and judgments.
To achieve these results, CFETF members have built a comprehensive program to identify fraud, recover assets, and hold wrongdoers accountable. This has included:
• Five prosecutorial COVID-19 Fraud Enforcement Strike Forces—based in California, Colorado, Maryland, New Jersey, and Florida—with dedicated funding to pursue pandemic fraud.
• A first-of-its-kind National Unemployment Insurance Fraud Task Force that leverages data from state workforce agencies and the Small Business Administration to identify those who exploited pandemic relief programs.
• A Pandemic Analytics Center of Excellence that creates sophisticated data products designed to detect, deter, and stop pandemic fraud across multiple government agencies.
But our work isn’t done. To continue CFETF’s essential mission—and to ensure that COVID-19 fraudsters don’t get away with it—legislation is required. This includes:
• Extending the statute of limitations for all COVID-19 fraud-related offenses.
• Extending the statutory authorization for the Pandemic Response Accountability Committee (PRAC), a body of 20 federal Inspectors General overseeing pandemic relief spending.
• Adequately resourcing COVID-19 anti-fraud efforts, including data sharing, lead development, criminal prosecutions, and asset recoveries.
To learn more, download CFETF’s 2024 Annual Report, available at justice.gov.
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Biden-Harris Administration Approves Grant Funding to Expedite Capacity Expansion for Port of Baltimore Terminal Operator - Department of Transportation
Revised port infrastructure grant builds on Biden-Harris Administration’s ongoing work to mitigate supply chain disruptions and economic impact from the suspension of vessel traffic at the Port of Baltimore
WASHINGTON – As part of the Biden-Harris Administration’s whole-of-government effort to tackle supply chain disruptions caused by the collapse of the Francis Scott Key Bridge, the U.S. Department of Transportation (DOT) and Baltimore County signed a revised grant agreement to enable Tradepoint Atlantic (TPA), a facility in the county, to use a previously awarded $8.26 million DOT grant to accommodate more cargo at TPA’s terminal on Sparrows Point at the Port of Baltimore. The TPA terminal is located outside the area affected by last week’s deadly collapse of Baltimore’s Francis Scott Key Bridge and continues to move cargo.
The adjustments to the previously awarded Port Infrastructure Development Program grant will enable Baltimore County and TPA to expedite paving at least 10 acres that will be used for additional cargo laydown area. In addition to facilitating the movement of roll-on/roll-off and bulk cargo, the increase in laydown area will more than double their prior capacity of 10,000 autos per month to be able to handle over 20,000 autos per month, helping to ensure continued automobile imports and exports in and out of the Port of Baltimore. Until last week’s bridge collapse that suspended normal vessel traffic, the Port of Baltimore was the top port in the country for automobile imports and exports. TPA has already begun grading work at the site and expects it will be ready to take additional cargo by the end of April.
“The Biden-Harris Administration has taken quick action finding every way to help Baltimore and the entire region get back on their feet – including last week’s release of $60 million to help Maryland begin urgent work,” said U.S. Transportation Secretary Pete Buttigieg. “We signed a revised grant agreement to allow one of the operators at the Port of Baltimore to use previously awarded federal funds to quickly expand cargo capacity at an area of the port that sits outside of the channel blocked by the collapse of Key Bridge.”
The Biden-Harris Administration continues to communicate with port, labor, and industry partners to advance collaboration at all levels. This week DOT staff met with FLOW participants to provide an update on changes in East Coast inbound container traffic to the Port of Savannah and the Port of New York and New Jersey. In addition, the National Economic Council and the Department convened a meeting of East Coast ports to discuss cargo capacity concerns. Last Thursday, Secretary Pete Buttigieg and other Administration officials held a meeting with over 100 leaders from across the supply chain following the suspension of Port of Baltimore vessel traffic. The National Economic Council has also repeatedly convened the Supply Chain Disruptions Task Force to continue coordination of the Biden-Harris Administration’s response to supply chain impacts.
In response to the collapse, the Federal Highway Administration (FHWA) has been actively coordinating with federal, state, and local officials in the region, including the Maryland Department of Transportation, the Maryland Transportation Authority, the City of Baltimore, the U.S. Coast Guard and others. On March 28, FHWA announced the immediate availability of $60 million in “quick release” Emergency Relief (ER) funds for the Maryland Department of Transportation to rebuild the Francis Scott Key Bridge, within hours of receiving the request. These funds serve as a down payment toward initial costs, and additional Emergency Relief program funding will be made available as work continues. FHWA has remained on the ground, consulting with state and local officials, supporting the debris removal effort and providing technical assistance related to the reconstruction process.
Read more about the actions the Biden-Harris Administration is taking following the devastating collapse of the Francis Scott Key Bridge to reopen the port, rebuild the bridge, and support the people of Baltimore here.
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CPSC Warns Consumers to Immediately Stop Using OmvedTherapies Baby Pillows Due to Suffocation Hazard; Violation of the Federal Ban on Infant Pillows - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is warning consumers to immediately stop using the OmvedTherapies infant pillows because they pose a suffocation hazard to infants. The pillows violate the infant pillow ban because of their flexible fabric covering, loose filling, and ability to easily flatten and conform to an infant’s body or face.
CPSC issued a Notice of Violation to the manufacturer, Omved Lifestyle Pvt. Ltd., of India, but the firm has refused to recall these infant pillows or offer a remedy to consumers.
The pillows were sold online at Amazon.com and Omved.com from February 2023 through February 2024 for between $20 and $30. The pillowcase is light gray with a bright yellow zipper and has the Omved logo of a large circle with a smaller circle beside it on the corner of the case. The inner pillow is filled with lavender and mustard seeds. The small pillow is 7.5 inches by 9.8 inches and the large pillow is 7.9 inches by 13.8 inches. The pillow also came with the “Baby Care Kit” and the “Mom & Baby Care” kit.
CPSC urges consumers to stop using the infant pillows immediately, separate the pillowcase and pillow, and dispose of the pillowcase and pillow, as well as the lavender and mustard seed contents.
Parents and caregivers are reminded:
• The best place for an infant to sleep is on a firm, flat surface in a crib, bassinet or play yard.
• Use a fitted sheet only and never add blankets, pillows, padded crib bumpers, or other items to an infant’s sleeping environment.
• Infants should always be placed to sleep on their back. Infants who fall asleep in an inclined or upright position should be moved to a safe sleep environment with a firm, flat surface such as a crib, bassinet or play yard.
Report any incidents involving injury or product defect to CPSC at www.SaferProducts.gov.
Individual Commissioners may have statements related to this topic. Please visit
ww.cpsc.gov/commissioners to search for statements related to this or other topics