Thursday, May 7, 2009

US and EU Reach Deal to End Beef Trade Spat

(Financial Times)

European Union and the US have reached a provisional agreement to settle a long-running trade dispute over hormone-treated beef.

Under terms of the agreement, the EU will maintain its 21-year ban on imports of US and Canadian beef treated with growth-enhancing hormones. But it will increase the amount of hormone-free beef that can be imported from those countries over the next four years.

The provisional agreement came ahead of a Saturday deadline, after which the US had threatened to impose punitive tariffs on a range of EU goods – from French Roquefort cheese to Italian mineral water. Read more here.

CBP to Hold First Northern Border Highway Carrier Conference

(World Trade Interactive)

U.S. Customs and Border Protection will hold its first Customs-Trade Partnership Against Terrorism conference for northern border highway carriers on Aug. 19 in Buffalo, N.Y. CBP states that this conference will differ from the annual C-TPAT Symposium in that it will be geared specifically toward the northern border highway carrier community and the issues and concerns it faces, including Free and Secure Trade, sealing, ACE/E-manifest, highway carrier minimum security criteria, validation and revalidation of highway carriers, and PIP/C-TPAT activities. In addition to the conference itself, there will be an open house from 6:00 p.m. to 8:00 p.m. Aug. 18 during which supply chain security specialists and the directors of the Buffalo, Washington, D.C., and Houston C-TPAT field offices will be available to answer questions and provide comment on C-TPAT program issues.

There will be no registration fee for the conference but space is limited to approximately 500 participants. Attendees will be selected on a first come, first served basis, and C-TPAT membership status will be taken into account. Attendance is limited to a maximum of two people per C-TPAT certified highway carrier.

Canada’s Placement on U.S. Piracy List Just Bluster: Lawyers

(CBC News)

But business group warns it could scare off investors

Canada’s addition to a “priority watch list” of countries deemed soft on copyright piracy by the United States shouldn’t and probably won’t perturb the Canadian government, say Canadian researchers who study copyright and Canada-U.S. trade relations.

“We’ve been placed in a spotlight, but the United States has not indicated that it’s prepared to take any action,” said Chi Carmody, a law professor at the University of Western Ontario and the Canadian director of the Canada-United States Law Institute.

“My sense is that Canada’s inclusion on the list this year is not really something that the United States is concerned about in our bilateral relationship, but more as an example to the rest of the world.”

He added that Canada is a sovereign country with the right to make its own decisions, and that he believes the government is committed to a “made in Canada” approach to copyright and intellectual property, “as we should be.”

Canada was among 12 countries that made the “priority watch list” in an annual report released by the Office of the U.S. Trade Representative last week on intellectual property rights protection by 77 U.S. trading partners. Canada had long been on the office’s “watch list,” but this is the first time Canada, Algeria and Indonesia made the higher-priority tier long occupied by countries such as China and Russia. Read more here.

Wednesday, May 6, 2009

Blanket Declaration Pilot Program for Automated Line Release or Border Release Advance Screening and Selectivity Programs [Lacey Act]

(CBP)

The government will begin a pilot program on May 1, 2009, initially open to those entities currently participating in one of CBP’s expedited border release programs, Automated Line Release (ALR) or Border Release Advance Screening and Selectivity (BRASS), and whose products require a Lacey Act declaration during the current phase of enforcement. This pilot program will test the feasibility of collecting the information required through the use of a periodic “blanket” declaration, with subsequent reconciliation reports. Entities currently participating in ALR or BRASS will be able to choose whether to remain active in the expedited program and participate in this pilot program or be removed from the expedited program.

If the participant’s choice is to be removed from the expedited program, no further action is necessary. Effective June 1, 2009, that participant’s C4 code will be inactivated. If the participant’s choice is to remain on the expedited release program and participate in the blanket declaration pilot program, the participant must notify APHIS and CBP that they wish to remain in ALR or BRASS and agree to provide information as required by the pilot program. We currently plan to implement the pilot program using the following two step process.

Step 1
The participant must file with APHIS an advance estimated PPQ 505. Initially, and for purposes of this pilot, the estimated PPQ 505 must be filed on a monthly basis. It must include all data elements required on the PPQ 505. Genus, species, value, and quantity fields should be an estimation of the participant’s planned imports during the next calendar month. The estimated PPQ 505 must be filed on or before the 15th day of the month prior to the reporting period. The deadline for the first estimated PPQ 505 is May 15, 2009, covering expedited release shipments planned for the month of June 2009.

Step 2
The participant must file with APHIS reconciliation within 15 days after the end of the month. This reconciliation will be submitted in a format to be established and made available on the APHIS website. The reconciliation will provide information on the actual shipments made during the previous month. The deadline for the first reconciliation is July 15, 2009.
Please see related guidance at the CBP website.

Monday, May 4, 2009

U.S. Working on Border Plan, Despite Swine Flu Concerns

(Sean McNally — Transport Topics)

The Obama administration is continuing to work on a plan to restart cross-border trucking between the United States and Mexico, even as the two countries battle the spread of “swine flu.”

Some U.S. trucking operations doing significant business in Mexico said last week that their businesses had not yet been affected by the influenza outbreak, and that Transportation Secretary Ray LaHood said the administration was dealing separately with the flu and the cross-border trucking issue.

“At this point, there is no relationship, there’s no connection,” Transportation Secretary Ray LaHood told reporters April 29. “The truck program is different than the swine flu problem.”

Since Mexico announced nearly $2.4 billion in tariffs on U.S. products after the U.S. shut down deliveries by Mexican trucks, the administration has been working to resolve the trade dispute by putting together a revamped cross-border trucking program. Read more here.

Lacey Act Import Declaration Now Required for Certain Wood Products

(World Trade Interactive)

The first phase of enforcement of the new Lacey Act import declaration requirement for plants and plant products went into effect May 1. Subsequent phases are scheduled to be rolled out every six months. U.S. Customs and Border Protection recently posted to its Web site guidance on complying with this requirement.

Covered Products
As of May 1, imports of the following products must accompanied by an import declaration (form PPQ 505) containing the scientific name of the plant from which they were obtained, the value of the importation, the quantity of the plant and the name of the country from which the plant was harvested.

• fuel wood (HTSUS 4401)
• wood in the rough (HTSUS 4403)
• hoopwood; poles, piles, stakes (HTSUS 4404)
• railway or tramway sleepers (HTSUS 4406)
• wood sawn or chipped lengthwise (HTSUS 4407)
• sheets for veneering (HTSUS 4408)
• wood continuously shaped (HTSUS 4409)
• tools, tool handles, broom handles (HTSUS 4417)
• builders’ joinery and carpentry of wood (HTSUS 4418)

Expedited Release
The government began May 1 a pilot program for those entities currently participating in Automated Line Release or Border Release Advance Screening and Selectivity whose products require a Lacey Act declaration during the current phase of enforcement. Under this pilot, participants must choose whether or not to remain active in the expedited program. If a participant opts to be removed, no further action is necessary and the C4 code will be inactivated effective June 1. Those who opt to remain in the expedited release program must complete the following two-step process.

• The participant must file with the Department of Agriculture an advance estimated PPQ 505 that includes all required data elements. The genus, species, value and quantity fields should be an estimation of the participant’s planned imports during the next calendar month. The estimated PPQ 505 must be filed on or before the 15th day of the month prior to the reporting period; e.g., the first estimated PPQ 505 will cover expedited release shipments planned for June and will be due by May 15.

• The participant must file with the USDA, within 15 days after the end of the month, a reconciliation that provides information on the actual shipments made during the previous month. The deadline for the first reconciliation is July 15. The USDA will make the format of the reconciliation available at a later date.

This process must be completed monthly during the pilot. The U.S. government will rely on the collected data in its reports to Congress and in determining possible refinements and extensions to enlarge the process and make it less burdensome for all involved.

Note: CBP has posted Guidance on the Lacey Act Declaration on its website here.

DHS Secretary Napolitano, HHS Secretary Sebelius on CBS’s ‘Face the Nation’

(CBS News Online)



Bob Schieffer spoke the CDC's Richard Besser, Health & Human Services Sec. Kathleen Sebelius and Homeland Security Sec. Janet Napolitano with about the likelihood of a swine flu pandemic.

Sunday, May 3, 2009

Speeding US Import Clearances

(Outsourced Logistics)

Successful steps have been taken to allow importers and US Customs and Border Protection (CBP) to more completely file and process most common entry summaries.

CBP explains that entry summaries represent 96% of all entries filed each year. Now, through the Automated Commercial Environment (ACE) program Secure Data Portal importer account holders can opt to receive and respond to CBP forms electronically.

Commenting on the initial implementation of the expanded capabilities, Louis Samenfink, ACE program executive director, said, “This is quite an exciting year for those who work on and with ACE as we have successfully begun the deployment of new automated entry summary processing features, and will deploy the replacement of current rail and sea automated manifest systems by mid-summer. More than 20,000 CBP and participating government agency end users will be affected by these innovative electronic processes.” Read more here.

e-Manifest: Trucks

(CBP)

Newly updated step-by step instructions (PDF) on how to create and submit an electronic manifest are provided. Additional information on registering Crew, Conveyance and Equipment is also included.

Public’s Opinion of FDA Shows Room for Improvement

(PharmaLive – Business Wire)

A new Harris Interactive®/HealthDay poll finds the reputation of the Food and Drug Administration (FDA) has improved since a similar survey conducted a year ago in April 2008. For example, positive ratings for managing prescription drug recalls or withdrawals increased from 39% to 53%. However, most people still give the FDA negative ratings on ensuring the safety of imported food (56%) and drugs (52%), and on getting new drugs to the market more quickly (54%).

According to U.S. adults, the two top priorities for the FDA are ensuring the safety of food eaten in the U.S. (59%) and ensuring the safety and efficacy of new prescription drugs (37%). On both of these, people’s opinions of the FDA are divided – 48% positive to 49% negative on food, and 47% to 47% on the safety and efficacy of new drugs.

These are some of the results of a Harris Interactive®/HealthDay Poll conducted online within the United States between April 13 and 15, 2009 among a national cross section of 2,495 adults age 18 and over. Read more here.

Friday, May 1, 2009

CBP to Adjust “10+2” Filing Logs, Deadline Intact

(American Shipper – Eric Kulisch)

U.S. Customs and Border Protection is changing the benchmark for measuring the timeliness of filing advance electronic data under the new “10+2” rule for imports, but the compliance deadline remain the same, the agency’s program manager emphasized Thursday.

About 45% of Importer Security Filings (ISF) are being submitted on time, but CBP believes that figure is low because it has been measuring timeliness against the time the first bill of lading is filed by the carrier under the 24-hour advance manifest rule. Many bills of lading are filed up to three days prior to vessel lading, which makes it difficult for importers to compile and file the necessary cargo details without demerit. Under the current system, the filing could be on time but appear late to CBP using the manifest as a back check. Read more here.