CSMS # 61572319 - Information on Customs User Fee Changes Effective October 1, 2024 - U.S. Customs & Border Protection
Pursuant to the General Notice (89 FR 59126) published July 22, 2024, adjustments to certain customs user fees and corresponding limitations, as codified in 19 U.S.C. § 58c, will take effect on October 1, 2024. These adjustments are being made in accordance with the Fixing America's Surface Transportation Act of 2015 (FAST Act), Public Law 114-94.
The General Notice may be accessed at: https://www.federalregister.gov/documents/2024/07/22/2024-15990/customs-user-fees-to-be-adjusted-for-inflation-in-fiscal-year-2025
Key Points
1. The Merchandise Processing Fee (MPF) ad valorem rate of 0.3464% will NOT change.
2. The MPF minimum and maximum for formal entries (class code 499) will change.
a. The minimum will change from $31.67 to $32.71; and
b. The maximum will change from $614.35 to $634.62.
Other Changes
1. The Surcharge for Manual, Formal Entry/Release (class code 500) will change to $3.93.
2. The fee for Informal Entry/Release, automated and not prepared by CBP personnel (class code 311a), will change to $2.62.
3. The Express Consignment Carrier/Centralized Hub Facility fee will change to $1.31 per individual waybill/bill of lading.
a. An individual air waybill is the bill at the lowest level, and is not a master bill or other consolidated document. See 82 FR 50523 (Nov. 1, 2017).
4. The Commercial Vessel (class code 485) or Commercial Aircraft (class code 495) Passenger Arrival customs fee will change to $7.20 per passenger.
5. The Commercial Vessel Passenger Arrival from Exempt Areas (class code 484) customs fee will change to $2.53 per passenger.
6. The Commercial Truck Arrival fee (class code 492) will change to $7.20.
a. The Commercial Truck Arrival Fee is the CBP fee only; it does not include the fiscal year 2025 United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Agricultural and Quarantine Inspection (AQI) User Fee ($12.40) that is collected by CBP on behalf of USDA to make a total Single Crossing Fee of $19.60. See7 CFR 354.3(c) and 19 CFR 24.22(c)(1).
b. Once eighteen Single Crossing Fees have been paid and used for a vehicle identification number (VIN)/vehicle in a Decal and Transponder Online Procurement System (DTOPS) account within a calendar year, the payment required for the nineteenth (and subsequent) single-crossing is only the $12.40 AQI fee and no longer includes CBP's $7.20 Commercial Truck Arrival fee (for the remainder of that calendar year).
7. The Dutiable Mail fee (class code 496) will change to $7.20.
Please see the General Notice for the full list of fees that are changing.
Another CSMS message will be sent when the changes are in the ACE Certification environment for trade testing.
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Office of the U.S. Trade Representative Continues to Review Public Comments for Proposed Modifications to China 301 Actions - U.S. Trade Representative
On May 28, 2024, USTR proposed certain modifications of the actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.
In response to the May 28 Notice, USTR received more than 1,100 comments from the public. In consultation with the Section 301 committee, USTR continues to review all comments and expects its final determination will now be issued in August 2024. USTR expects that the modifications slated for 2024 will take effect approximately two weeks after it makes the final determination public.
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Federal Register Notices:
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges From Spain: Final Results of Administrative Review; 2022-2023
• Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Softwood Lumber Products from Canada: Notice of Initiation of Countervailing Duty Changed Circumstances Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Mattresses From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2022-2023
• Certain Steel Nails From Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Rescission of Review, in Part; 2022-2023
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta From Italy: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Ripe Olives From Spain
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Paper Shopping Bags From the People's Republic of China and India: Countervailing Duty Orders; Correction
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Steel Nails From Taiwan: Preliminary Results and Rescission, in Part, of Antidumping Administrative Review; 2022-2023; Correction
• Mattresses From Indonesia: Initiation of Antidumping Duty Administrative Review; 2023-2024; Correction
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
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CBP Officers in Arizona Seize More than Half a Ton of Fentanyl in Largest Seizure in Agency History - U.S. Customs & Border Protection
TUCSON, Ariz. – U.S. Customs and Border Protection officers at the Port of Lukeville recently seized approximately 4 million blue fentanyl pills -- weighing more than 1,000 pounds -- in the largest singular fentanyl seizure in CBP history.
“This is the largest fentanyl seizure in CBP’s history, and reflects our unwavering determination to protect our nation and to disrupt the criminal activities of ruthless drug cartels,” said Troy Miller, CBP Senior Official Performing the Duties of the Commissioner. “Every day, CBP officers and agents are on our front line, using their keen instincts and the latest technology to prevent deadly drugs from entering our country and poisoning our communities.”
On July 1, a 20-year-old Arizona man, who is a U.S. citizen, arrived at the Port of Lukeville driving a 2011 pick-up truck which was hauling a sport recreational vehicle on a utility trailer. CBP officers performing the inspection for entry to the U.S. sent the driver and vehicles aside for a more intensive inspection.
While conducting a thorough inspection of the pick-up truck, trailer, and sport utility vehicle, CBP officers noticed anomalies throughout the frame of the trailer. With the assistance of a CBP canine team, officers discovered 234 packages of drugs concealed within the frame of a trailer. The packages contained approximately 4 million blue fentanyl pills, which is the largest fentanyl seizure in CBP history.
Guadalupe Ramirez, Director of Field Operations, Tucson Field Office, commended the Port of Lukeville on this record-breaking drug seizure. “This is an enormous amount of dangerous drugs that officers at the Port of Lukeville prevented from reaching communities throughout the United States.”
Officers at the same port of entry then seized about 270 pounds of methamphetamine several days later. The second seizure occurred on July 12, when a 45-year-old male Mexican citizen driving a 2007 Ford F1-50 pick-up truck towing a utility trailer attempted to make entry into the U.S. During an in-depth examination utilizing non-intrusive inspection (NII) and a CBP canine team, officers discovered 39 packages of methamphetamine totaling nearly 272 pounds and an additional five pounds of cocaine.
The estimated street value for these two significant seizures is over $12.6 million.
These record-breaking fentanyl seizures were made in furtherance of Operation Apollo-Arizona and Operation Plaza Spike. Operation Apollo-Arizona is a counter-fentanyl joint operation with a focus on intelligence collection. This CBP-led operation concentrates law enforcement efforts on disrupting drug and chemical supply, collecting and sharing intelligence, and leveraging valuable partnerships. Operation Apollo-Arizona builds on previous actions to further strengthen enforcement intelligence on trafficking networks, including the routes used and their operational logistics.
Operation Plaza Spike targets the plaza bosses and cartels that facilitate the flow of deadly fentanyl and other illicit synthetic drugs. It is designed to disrupt operations in the “plazas,” cartel territories located directly south of the United States that are natural logistical chokepoints within the cartels’ operations.
Federal law allows officers to charge individuals by complaint, a method that allows the filing of charges for criminal activity without inferring guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt. CBP's Office of Field Operations is the primary organization within Homeland Security tasked with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation's food supply and agriculture industry from pests and diseases.
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CPSC Finds Amazon Responsible Under Federal Safety Law for Hazardous Products Sold by Third-Party Sellers on Amazon.com - U.S Product Safety Commission
Amazon Ordered to Develop Remediation Plans to Notify Purchasers and the Public and to Implement Remedies to Remove Products from Consumers’ Homes
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) today issued a Decision and Order against Amazon.com, Inc., a global e-commerce company with $575 billion in revenue. In a unanimous vote, the Commission determined that Amazon was a “distributor” of products that are defective or fail to meet federal consumer product safety standards, and therefore bears legal responsibility for their recall. More than 400,000 products are subject to this order: specifically, faulty carbon monoxide (CO) detectors, hairdryers without electrocution protection, and children’s sleepwear that violated federal flammability standards.
The Commission determined that these products, listed on Amazon.com and sold by third-party sellers using the Fulfilled by Amazon program, pose a “substantial product hazard” under the Consumer Product Safety Act (CPSA). Further, Amazon failed to notify the public about these hazardous products and did not take adequate steps to encourage its customers to return or destroy them, thereby leaving consumers at substantial risk of injury. Amazon argued before an Administrative Law Judge (ALJ) and the Commission that it was not a distributor and bore no responsibility for the safety of the products sold under its Fulfilled by Amazon program.
Under the Commission’s Decision and Order, Amazon must submit proposed plans to notify consumers and the public about the hazardous products, and to remove the products from commerce by incentivizing their return or destruction. The Commission will consider Amazon’s proposed plans and address them in a second order in this case.
Overview
On July 14, 2021, the Commission authorized an administrative complaint against Amazon alleging that the company distributed certain products that pose a substantial product hazard. The matter was initially tried before an ALJ who ruled that Amazon was a “distributor,” that the products present a substantial product hazard, and that Amazon must take certain steps, including issuing recalls, to protect the public from the hazardous products. Both parties appealed the ALJ’s ruling to the Commission, which considered the record in the case and heard oral argument, resulting in this Decision and Order.
Under the CPSA, after the Commission hears evidence from the parties and determines that a product presents a substantial product hazard, it may require a manufacturer, distributor, or retailer of the product to warn consumers about the product risks and provide remedies to remove the products from consumers’ homes and the marketplace.
When third-party sellers sell hazardous products through the platform or services of a distributor, the Commission may hold the distributor responsible for providing these remedies to consumers.
In this case, third-party sellers listed the hazardous products for sale on Amazon.com as part of the Fulfilled by Amazon program. In addition to allowing third-party sellers to list products on the Amazon.com website, this program provides an array of services to its participating sellers.
During the administrative law proceedings before the ALJ and the Commission, Amazon did not contest that the products present a substantial product hazard. Instead, Amazon argued that it was not acting as a distributor of the hazardous products within the meaning of the CPSA, and therefore was not responsible for taking actions to protect the public. The ALJ rejected Amazon’s argument, holding that Amazon acted as a distributor in this matter. The Commission affirmed that holding in today’s decision.
Amazon also claimed that sending messages to initial purchasers about “potential” safety issues and providing initial purchasers with Amazon.com credits – rather than refunds incentivizing product return or destruction – were sufficient to remedy the product hazards. The Commission, as well as the ALJ, disagreed, finding Amazon’s actions inadequate to protect the public.
Amazon must now develop and submit proposed plans to notify purchasers and the public about the product hazards, and to provide refunds or replacements for these products. Notice to the public is important so that people who may have received one of the products as a gift or purchased it second-hand can learn about the hazards. The Commission will consider these plans and then issue a second order on notification and remedies.
Background Information
CPSC Sues Amazon to Force Recall of Hazardous Products Sold on Amazon.com | CPSC.gov
Recall Lawsuits: Adjudicative Proceedings | CPSC.gov (In the Matter of Amazon.com. CPSC Docket 21-2)
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Readout of Secretary of Homeland Security Alejandro N. Mayorkas’ Meeting with the National Council of Textile Organizations - Homeland Security
WASHINGTON – On Tuesday, July 23rd, Secretary Alejandro N. Mayorkas met with leaders from the National Council of Textile Organizations (NCTO), which represents an array of companies from the U.S. textile and apparel industry. NCTO’s members employ thousands of Americans, bolster economic development in the region, and have helped position the United States as a global leader in textile research and development.
NCTO members updated Secretary Mayorkas on the continuing pressures facing the U.S. textile industry, driven in part by unfair and unlawful trading practices used by bad actors to exploit international supply chains. NCTO commended DHS for actions taken under the Secretary’s textile enforcement plan, released in April 2024, which launched special enforcement operations to increase inspection of textile imports, increased audits to ensure adequate documentation for imports, and expanded textile verification visits to ensure foreign manufacturers comply with international and U.S. requirements. In May, the DHS-led Forced Labor Enforcement Task Force (FLETF) announced the addition of 26 PRC-based textile companies to the Uyghur Forced Labor Prevention Act Entity List – the largest ever expansion of that list – to ensure that the products of those who source or sell cotton from the Xinjiang region of China do not enter U.S. markets. All of these efforts help hold accountable bad actors attempting to circumvent U.S. laws and undercut U.S. workers and manufacturers.
The Secretary emphasized the importance of enforcing U.S. trade laws and highlighted DHS actions to crack down on violative textile imports. He also recommitted to working closely with Administration partners, the White House, and Congress to address enforcement in the de minimis environment to stop unfair, unlawful trading practices.
Topics
TRADE AND ECONOMIC SECURITY
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USDA Proposes New Policy to Reduce Salmonella in Raw Poultry Products - USDA
WASHINGTON, July 29, 2024 – The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) today issued a comprehensive proposed rule and determination to more effectively reduce Salmonella contamination and illnesses associated with raw poultry products. This is the culmination of FSIS’ three-year effort to reevaluate their strategy for controlling Salmonella rates in poultry and protect American consumers from foodborne illness linked to consumption of poultry products.
Salmonella bacteria cause over 1 million human infections in the United States each year, according to the Centers for Disease Control and Prevention (CDC). Food is the leading source of Salmonella infections and poultry is among the leading sources of foodborne Salmonella illnesses. FSIS estimates that there are 125,000 chicken-associated and almost 43,000 turkey-associated foodborne Salmonella illnesses per year. Despite FSIS data indicating that Salmonella contamination in poultry products has been decreasing, there has not been an observed reduction in Salmonella illnesses.
“Far too many consumers become sick from poultry contaminated with Salmonella, and today’s announcement marks a historic step forward to combat this threat,” said Agriculture Secretary Tom Vilsack. “This proposed framework is a systematic approach to addressing Salmonella contamination at poultry slaughter and processing, which includes enforceable standards that will result in safer food for consumers and fewer illnesses.”
The proposal would establish final product standards to prevent raw chicken carcasses, chicken parts, ground chicken, and ground turkey products that contain any type of Salmonella at or above 10 colony forming units (CFU) per gram/ml and any detectable level of at least one of the Salmonella serotypes of public health significance from entering commerce. The proposed Salmonella serotypes of public health significance identified for raw chicken carcasses, chicken parts, and comminuted chicken are Enteritidis, Typhimurium, and I,4,[5],12:I:- ; and for raw comminuted turkey are Hadar, Typhimurium, and Muenchen. The proposal would also require poultry establishments to develop a microbial monitoring program to prevent pathogen contamination throughout the slaughter system.
“The proposed Salmonella framework is grounded in data and rigorous scientific evaluation, and it reflects feedback from extensive stakeholder engagement,” said USDA Under Secretary for Food Safety Dr. Emilio Esteban. “We encourage all interested stakeholders to submit comments and relevant data on the proposal as we work to finalize data-driven, science-based regulatory policies to address Salmonella in poultry.”
Since 2021, FSIS initiated several activities designed to gather data and information to inform the framework proposed rule and determination. These activities included; charging the National Committee on Microbiological Criteria for Food to provide guidance on the types of microbiological criteria the agency might use to better prevent Salmonella infections associated with poultry products; conducting a risk profile for pathogenic Salmonella subtypes in poultry and developing two quantitative risk assessments; hosting a public meeting and several roundtables; conducting an exploratory sampling program for young chicken carcasses to generate microbial data and adding quantification to FSIS’ Salmonella testing program.
The Salmonella framework proposed rule and determination builds on FSIS’ continued efforts under the Biden-Harris Administration to protect American consumers, including preventing false and misleading label claims. As part of this effort, earlier this year, FSIS published a final determination to declare Salmonella an adulterant in raw breaded stuffed chicken products when they exceed the threshold of 1 CFU per gram of Salmonella contamination. FSIS also announced this year a final rule allowing the voluntary “Product of USA” claim to be applied only to those FSIS-regulated products that are derived from animals born, raised, slaughtered and processed in the United States.
Comments on this proposal must be received within 60 days after publication in the Federal Register.
Comments may be submitted online via the federal eRulemaking portal, available at www.regulations.gov; by mail sent to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, D.C. 20250-3700, or by hand or courier delivery to 1400 Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, Washington, D.C. 20250-3700. All items submitted by mail or electronic mail must include the agency name and docket number FSIS-2023-0028.
USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy, and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov