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First Sale

2009-08-31T19:43:00.000-07:00

First Sale Up-date:

End of Declaration of First Sale

The attached memorandum is to inform U.S. Customs and Border Protection (CBP) ports and the trade that the filing period of the First Sale Declaration indicator has ended effective August 19, 2009.
http://apps.cbp.gov/csms/docs/17686_132725359/End_of_Delcaration_of_First_Sale.pdf

For information about First Sale.
http://apps.cbp.gov/csms/viewmssg.asp?Recid=17182&page=&srch_argv=08-000163&srchtype=Seq_Msg_Num&btype=&sortby=&sby=

ISF Information

2009-07-09T22:53:00.000-07:00

Update on ISF Mitigation Guidelines final rule expected to be published on July 17 2009

Here is a heads up
Important Information Regarding ISF

Customs and Border Protection expects the Importer Security Filing (ISF) Mitigation Guidelines to be published in the Federal Register on July 17, 2009. In its continuing partnership with the NCBFAA, CBP has briefed the Association on the contents of the mitigation guidelines to ensure that the membership is fully aware of the newest ISF developments.

Circumstances Initiating a Liquidated Damages Case:
There are four situations that may initiate the issuance of liquidated damages. The importers’ failure to file an ISF as required by law. A late submission. An inaccurate submission. The failure to withdraw a filing.

Failure to File an ISF:
The issuance of a Do Not Load (DNL) message to the carrier at the foreign port of lading. Withholding permission issued to the carrier to unload the subject goods at the first U.S. port of arrival; delay in issuing permission to unload at the first U.S. port of arrival. Issuance of a seizure notification. Withholding Customs release of the goods allowing the goods to move to General Order (G.O.). The issuance of a liquidated damages case.
An Inaccurate Submission of Information on an ISF:
A liquidated damages case will be issued in the amount of $5,000.

A Late Submission of an ISF:
A liquidated damages case will be issued in the amount of $5,000.
The Failure to Withdraw a Filing:
A liquidated damages case will be issued in the amount of $5,000.

Mitigation Amounts:
There is a possibility of a total of $10,000 in liquidated damages per ISF filing. These may be mitigated based on several factors.

Mitigation Factors:
1. Evidence of progress in implementing ISF compliance during the phase-in period.
2. The number of ISFs compared with the number of violations.
3. C-TPAT Tier 3 and Tier 2 importers will receive consideration of up to 50 percent mitigation for violations.
4. The importer has demonstrated that remedial actions have been taken to address the circumstances surrounding the violation.
5. Inaccurate filings due to circumstances beyond the importer’s control, such as vessel diversions and rolling bookings completely due to carrier actions.
6. Receiving incorrect information from another party in the supply chain, if this information is found to be incorrect at a date later than allowed under the correction timeline. Under certain circumstances the liquidated damages may be canceled without payment.

Aggravating Factors:
There are four aggravating factors that will be outlined in the guidelines. A summary is provided below:
1. The lack of cooperation with CBP.
2. Smuggling attempts and other actions contrary to law in association with the shipment.
3. Multiple errors on one ISF.
4. A rising error rate calculated over all ISFs.

Bond Guidelines Due
Bond Guidelines are still being worked on internally at CBP and are expected to be issued a few weeks after the mitigation guidelines.
We will keep you updated when the ISF Mitigation Guidelines are published on july 17th 2009.

2009-05-01T17:29:00.000-07:00

10+2 Enforcement Update and FSIS Exemption Changes
05/01/09

Customs says they will start penalizing importers for NOT meeting ISF 10+2 rules
During recent seminars with US Customs, it was made very clear that they will not withhold from penalizing those companies that did not take advantage of this 1 year training period. For those of you who have not begun to train and instruct your shippers/suppliers of this rule, we strongly urge you to start NOW.

Customs will soon be issuing report cards, which will serve as evidence of those who have NOT been making an earnest effort to comply with this rule. Customs will be tracking changes/updates/retransmissions in the 10+2 data and compare records. They will be consulting these records and begin issuing minimum of $5000 penalties for each untimely/incorrect filing and up to $10,000 in liquidated damages each time corrections are transmitted. Simply said, you MUST make sure that your supplier provides true/accurate information from the start. Customs states they will not allow importers to correct entries. Those importers taking advantage of this training period, will obviously receive some consideration to mitigating such penalties.

Here again is the form we will need to be completed and provided to us NO later than 3 days prior to the container being delivered to the port of export at origin.

Read all the details you need to know here:
http://www.cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/

Click here to download the updated 10+2 (PDF).
Click here to download the updated 10+2 (DOC).

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Changes to USDA Permitting Process for FSIS-Exempted Food Products Containing Meat and Poultry Ingredients
Food products which were generally exempted from needing an Import Permit due to the fact that small amounts of meat and/or poultry ingredients were involved will no longer be exempt beginning June 22, 2009.

Read all the details you need to know here: http://www.cbp.gov/xp/cgov/trade/trade_programs/agriculture/meat_poultry_regs.xml

FDA Final Rule regarding Prior Notice of Imported Food Shipments
Final rule takes effect May 6, 2009
We ask that you take a moment to review the following bulletins to familiarize yourself again on Prior Notice Rules:

http://www.cfsan.fda.gov/~acrobat/fsbtpn2.pdf
http://www.cfsan.fda.gov/~dms/cfsup195.html

Bond Requirements for Shrimp, 10+2 Updates, Import Restrictions, and the Lacey Act

2009-04-07T21:02:00.000-07:00

04/07/09
Bond Requirements for Shrimp, 10+2 Updates, Import Restrictions, and the Lacey Act

Enhanced Bond Requirement NO longer required for Shrimp subject to ADD/CVD as of April 1,2009
Please click here for more information.

ISF 10 + 2 Update
Please take immediate note of the new ISF Worksheet. We have made significant changes to better satisfy the reporting of 10+2 to CBP. We kindly ask that you forward this new format to your shipper for immediate use.

On another note, there are still many of you who are not providing any ISF 10+2 information at all. We need to have the completed form no later than 3 days prior to vessel being delivered to port of export. This will allow us sufficient time to send and received confirmation of receipt from CBP.

Click here to download the updated 10+2 (PDF).
Click here to download the updated 10+2 (DOC).

APHIS Issues Federal Order restricting imports of tomatoes from countries where Tuta Absolute moths are known to occur
APHIS announces that beginning, March 10, 2009, shipments of field-grown tomatoes from certain countries will be required to meet additional import requirements to prevent the introduction and establishment of Tutu absoluta. The Administrator of the Animal and Plant Health Inspection Service (APHIS) has announced a Federal Order action that determined that the introduction and establishment of Tuta absoluta poses a serious plant pest threat to U.S. agriculture, including certain fruits or vegetables grown in the United States. Tuta absoluta is a small moth in the family Gelechiidae, Order Lepidoptera. The larvae attack, feed on, and develop on all plant parts above ground. On leaves, larvae feed between the epidermal layers, causing irregular mines that may later become necrotic. Fruits can be attacked upon formation, and the galleries formed inside them can be infected by secondary pathogens causing fruit rot. Pupation can be either in the soil, on the leaf surface, or within mines.

Read more here.

LACEY ACT is now in effect - April 1, 2009
The electronic submission of required declaration is now possible. Please review the list of commodities which require Declaration for Imported Plants/Products under Phase II - http://edocket.access.gpo.gov/2009/pdf/E9-2232.pdf

In order for Flegenheimer Int'l to process submission on your behalf, we require the completion of Items 10-18 on the Declaration form found at the following link: http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf

Information for Items 1-9 will be completed by Flegenheimer so long as we have your basic documentation such as Invoice & Bill of Lading on hand.

You may request reimbursement of samples collected by Food and Drug if the results return back as negative with out comments
Once you received the final notice of release from FDA, you may submit it with your invoice for the value of the samples collected. You can mail it to the following address:

Food and Drug Administration
19900 McArthur Blvd #300
Irvine, CA 92612
Attn: Fiscal Unit

"Clean Truck" Fees at L.A/L.B. Ports

2009-02-04T18:10:00.000-08:00

"Clean Truck" Fees at L.A/L.B. Ports
02/04/09

Funding will provide financial assistance for greener trucks.

"Clean Truck" Fees will be collected at L.A/L.B. Ports February 18, 2009

The Port of Long Beach will begin collecting a Clean Trucks Fee on February 18, 2009 to accelerate the replacement of thousands of polluting cargo trucks. At the same time the Port will kick off an electronic gate access system that will enable the fee collection and improve security at shipping terminals.

"It is imperative that we begin collecting the fees so we can move forward and achieve our clean-air goals," said Richard D. Steinke. "The truck financing fee is a critical, long-planned part of our Clean Trucks Program to protect public health and improve air quality and security."

The Clean Trucks Fee is expected to raise about $1 million a day or about $1 billion over the next few years at both San Pedro Bay ports to help finance the replacement of many of the 17,000 trucks that are a leading source of air pollution in Southern California.
"With the current credit crisis, it will be impossible for most truckers to replace all their trucks without our financial assistance program," Steinke said.

Collection of the fee was scheduled to begin in November, but was delayed twice due to Federal Maritime Commission (FMC) review.

"The Clean Trucks Program continues to serve us well, though the fee collection is essential to fully realize the environmental benefits of the program," Steinke said.

Beginning October 1, 2008, the Port took the unprecedented step of banning the most polluting trucks -- the 1988 and older vehicles -- the initial ban in a series planned under the Clean Trucks Program. On January 1, 2010, the Port will ban 1993 and older trucks, and un-retrofitted model year 1994 to 2003 trucks. By January 2012 all vehicles 2006 and older will be banned.

The West Coast Marine Terminal Operator Agreement (WCMTOA) created the not-for-profit company PortCheck to collect the Clean Trucks Fee for the ports of Long Beach and Los Angeles. The money collected will be transferred to the ports to provide financial assistance for the replacement of thousands of trucks during the next three years.

Under the program, the cargo owner is responsible for paying the Clean Trucks Fee. The fee will be payable by credit card or electronic funds transfer, and must be paid before a container can enter or leave the terminals.

In November, the ports filed with the FMC their PortCheck agreement with private terminal operators, who would develop and operate an online and electronic gate access system to collect the ports' $35 per twenty-foot-container-unit Clean Trucks Fee.

After the PortCheck agreement was filed with the FMC, the commission ordered an initial 45-day review and then a second 45-day review, which concludes Feb. 13. Furthermore, the FMC has filed a lawsuit to block portions of the Clean Trucks Program as anti-competitive. U.S. District Court Judge Richard J. Leon said he would not rule on the FMC's request for a preliminary injunction until sometime in 2009.

Cargo owners can visit the PortCheck page at http://www.portcheck.org/ or http://www.pierpass-tmf.org/ for updates. Cargo owners that are already registered in PierPASS offpeak terminal access system will automatically be uploaded into PortCheck. Cargo owners that are automatically uploaded from PierPASS into PortCheck will first have to accept the terms and conditions of PortCheck before their account will be extended into PortCheck.

Contact: Art Wong, Port of Long Beach Assistant Director of Communications/Public Information Officer, (562) 590-4123, (562) 619-5665 (cell), or wong@polb.com.

http://www.polb.com/civica/filebank/blobdload.asp?BlobID=5565
http://www.portcheck.org/

_____________________________________________________________________________________

European Countries subject to 100% duties on certain goods
Effective March 23, 2009 - Selected goods, primarily foods products, will be subject to 100% duties. On the other hand, some goods that have been subject to 100% duties have been dropped.

Click on the links below for more detailed information:

http://www.ustr.gov/assets/Document_Library/Federal_Register_Notices/2009/January/asset_upload_file64_15289.pdf
http://www.ustr.gov/assets/Document_Library/Federal_Register_Notices/2009/January/asset_upload_file581_15288.pdf
Press release from the USTR

_____________________________________________________________________________________

Lacey Act Update
Read the latest information regarding the Lacey Act enforcement, which has became effective on December 15, 2008 ; however, enforcement of the declaration requirements will be phased in and will begin on April 1, 2009

http://www.federalregister.gov/OFRUpload/OFRData/2009-02232_PI.pdf
_____________________________________________________________________________________
Copyright 2009 - Flegenheimer International

310-322-4366
227 W. Grand Avenue
El Segundo, CA 90245

Fish and Wildlife fees to increase beginning January 8, 2009 as well as enforcement of regulating Squid, Octopus and Cuttlefish

2008-12-16T17:21:00.000-08:00

Beginning January 8th, 2009, Fish and Wildlife will not only increase higher fees, but they will begin enforcing/regulating the importations of Non-living Squid, Octopus and Cuttlefish for human consumption.

Even though the rule has always been in place, most ports did not enforce it. Beginning January 8, 2009 all importers of such product must posses a Fish & Wildlife Import Permit and declare and pay fees on every shipment imported of non-living Squid, Octopus and Cuttlefish for human/animal consumption.

We urge everybody that imports these items to go on line immediately to apply for your Import Permit, which you would need to renew every year along with the corresponding $100 fees. Click here to apply now.

Flegenheimer will make sure that your shipments are properly and timely declared. If you plan to have a shipment arrive on January 8, 2009 or shortly after, as long as you forward us proof that you have applied for your permit and paid $100 fee to Fish and Wildlife, we will be able to process your declaration without the actual Import License (generally takes 2-3 weeks to receive after applying). Please forward us a copy of your Import Permit as soon as you have it. Be aware that their will be a nominal service fee for the preparation of your declarations to Fish and Wildlife.

Please read more at the following web sites:

List of New Fees
http://www.fws.gov/le/pdffiles/2009Feecalculationchart.pdf

Apply for your Import License
http://www.fws.gov/le/ImpExp/Regional_Permit_Offices.htm

Short version/summary of changes
http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=1C4CD1C3-BC79-44C4-B2929C113A76D5ED

Federal Register with the complete details of these changes
http://www.fws.gov/le/pdffiles/E8-29070-1FinalRule.pdf

10+2 Importer Security Filing will be enforced beginning January 26, 2009

2008-12-03T17:02:00.000-08:00

It's official, beginning January 26, 2009 all shipments destined for the United States must comply with the submission of "Importer Security Filing 10+2"

Who is responsible? - Importer or it's agents

What is the Importer/agent responsible for? - Submitting ISF 10+2 information timely

Where do you send it? To Customs and Border Protection via approved electronic data interchange system

When beginning January 26, 2009

Why in an extended effort to prevent terrorist weapons from being transported to the United States

Flegenheimer International is fully prepared to act as your ISF agent in addition to your already existent Customs Broker service provider.

Nobody likes change, especially when it entails revising the way you currently do business. Submitting the ISF 10+2 elements will take just that, changing the way you currently do business in regards to notifying us of incoming shipments. Currently we process your shipments 5 days prior to vessel arriving into the US. Beginning January 26, 2009 we will need to have your shipment processed no later then 24 hours prior to your container loading the vessel at origin. This is a total 360 degree turnaround, but Flegenheimer is committed to help you fulfill your obligation to Customs and Border Protection.

Customs will require that the following information be transmitted to CBP no later than 24 hours PRIOR to container loading at the foreign port of export:

Seller name, address
Buyer name, address
Importer of Record IRS#/FTZ applicant ID#
Consignee IRS#
Manufacturer or Supplier name, address
Ship to party name, address
Country of Origin
Commodity HTSUS number
Container stuffing location name, address
Consolidator (stuffer) name, address

Flegenheimer will require this form to be completed and sent to us no later than 72 hrs prior to the delivery of the container(s) to the port of export. Flegenheimer will need sufficient time to submit your ISF and receive a confirmation/acknowledgment number back from Customs and Border Protection, which will then allow your containers to load the vessel.

Click here to download our 10+2 form.

Please review the following links for detailed information on "ISF 10+2"
http://www.ncbfaa.org/files/cbpslideshow.ppt
http://edocket.access.gpo.gov/2008/pdf/E8-27048.pdf
http://cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/

Infrastructure Cargo Fee

The Long Beach Board of Harbor Commissioners voted Monday, December 1, to push back for at least six months the collection of a cargo-container fee intended to collect funds for road, rail and bridge improvements in the harbor area.

Scheduled to begin January 1, 2009, the "Infrastructure Cargo Fee" of $15 per 20-foot-long shipping container ($30 for a 40-footer) was established in January 2008 by harbor commissioners of the ports of Long Beach and Los Angeles. In the coming weeks, the Los Angeles Board of Harbor Commissioners is expected to approve a similar six-month delay.

In mid-year 2009, the Long Beach Board of Harbor Commissioners plans to re-examine the status of the projects, which include upgrades to the ports' rail network, replacement of the Gerald Desmond Bridge and other improvements that will facilitate traffic flow through the ports. The fee, collected by both ports, will generate $1.4 billion. Along with matching funds from the statewide transportation measure Proposition 1B, about $3 billion worth of transportation projects are planned for the harbor area.

"Because of the extra time needed to complete the planning and approval process for these many projects, the ports felt it was sensible to delay the implementation of the fee," said Port of Long Beach Deputy Executive Director J. Christopher Lytle. "We'll reassess the situation in six months to see it if makes sense to start the fee then."

The Infrastructure Cargo Fee is planned to last seven years, and each year the fee will fluctuate from about $10 to $18 per 20-foot container, depending on the construction costs expected to be incurred in that calendar year.

Contact: Art Wong, Port of Long Beach Assistant Director of Communications/Public Information Officer, (562) 590-4123, (562) 619-5665 (cell), or wong@polb.com

New FDA Import Alert for Milk Products from China

2008-11-17T16:55:00.000-08:00

Please be informed about the new FOOD and DRUG Import Alert#99-30, which will automatically detain shipments of milk based products. The importer will need to submit a 3rd party private lab analysis proving NO Melamine and/or Melamine analogs are found in order to have their shipments released. Please read the complete Import Alert for more specific details.

Learn more at: http://www.fda.gov/ora/fiars/ora_import_ia9930.html

Lacey Act Amendments

2008-10-28T16:43:00.000-07:00

The Lacy Act amendments are upon us starting December 15, 2008. This affects anyone importing plants or any product made from plants. Sec. 8204 of the Farm Bill broadens the definition of "plant" under the Lacey Act to include trees and products that come from trees, and requires additional reporting for imports of these products. CBP is working with USDA to determine what products will be subject to this new law. Does this affect you? You may be surprised by the answer to this question. Here is a small part of a very long list of items (aside from obvious examples such as furniture, paper and wood flooring) that are likely to be covered by this law:
•Wine with corks
•Pots and pans with wooden handles
•Musical instruments, such as violins
•Pharmaceutical products
•Textiles
•Lipstick (made in part from wax from carob tree)
•Dried soup (that contains cellulose, which is a major component of wood)
•Hairspray (that is made in part from tree resins)
•Anything that comes with an instruction booklet (even if the product itself contains no wood or wood by-product)
Don't think your products are covered? Consider this: Country Time lemonade that is contained in a plastic bottle, with a plastic cap and covered with a plastic wrapper contains, among other things, glycerol ester of wood rosin.

Glycerol ester of wood rosin is a common food additive and is prepared from resin acids of wood rosin harvested from the stumps of the longleaf pine. It will be covered by this law.

Click here to read the USDA Animal and Plant Health Inspection Service (APHIS) notice that is now in The Federal Register. The notice discusses USDA's plans for phased-in implementation of the Lacey Act amendments.

The FR notice also notes that no agencies with Lacey Act enforcement authority will bring prosecutions or forfeiture actions for failing to complete the paper declaration form before the electronic system for data collection is available (April 1, 2009, or after). That being said, any person who submits a form containing false information may be prosecuted.

To learn more about the amendments to the Lacey Act go to the USDA website at:
http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

Federal register page:
http://www.aphis.usda.gov/plant_health/lacey_act/downloads/FederalRegisterNoticeLaceyActImplementationPlan.pdf

Lacey Act Q&A:
http://www.aphis.usda.gov/plant_health/lacey_act/downloads/Lacey_Act_Q&A.pdf

Lacey Act phase in:
http://www.flegenheimer.com/documents/LaceyPhasein.pdf

Plant and Plant Product Declaration Form:
http://www.flegenheimer.com/documents/DRAFT_USDA_Lacey_Declaration.pdf

Letter to LACBFFA Members regarding the Lacey Act:
http://www.flegenheimer.com/documents/LACBFFA_Lacey_Act_Letter.pdf

Letter from members of congress to department heads regarding the Lacey Act:
http://www.flegenheimer.com/documents/Lacey_Act_Implementation10Oct08.pdf

Important Port Fees Update

2008-09-19T16:51:00.000-07:00

Port Fees at the Los Angeles/Long Beach port will go in effect October 1, 2008

Beginning 10/01/08 all containers going in and out of the ports, including intermodal cargo trucked to or from off-dock to rail yards, cargo to or from other domestic ports and military cargo will be subject to $35/20 ft and $70/40ft containers.

It is very important that you click on the following website, which will provide you the detailed information as to why these fees are being implemented:

http://www.polb.com/civica/filebank/blobdload.asp?BlobID=5618

http://www.polb.com/environment/air_quality/cleantrucks.asp

http://www.polb.com/environment/air_quality/caap.asp

http://www.portoflosangeles.org/environment/ctp.asp

These changes will also have a great effect on your trucking companies as the truck and the driver would need to be registered and approved to enter the ports. We urge you to contact your transportation providers to find out if they are in compliance and are able to fulfill the ports new requirements.

Other Future Fees in the Making

As if the above fees were not enough, similar fees may be imposed come January 1, 2009

We are not done yet. A third imposition of port fees for the ports of Los Angeles, Long Beach and Oakland (commonly known as the Lowenthal Bill) may go in effect July 1, 2009.

First Sale Declaration Requirement

2008-09-04T23:46:00.000-07:00

First Sale Declaration Requirement
09/04/08

To all our valued Customers:
Please take immediate note of the following U.S Customs announcement regarding First Sale Declarations -

Effective September 19, 2008, all importers will be required to provide a declaration to CBP at the time of filing a consumption entry when, in a series of sequential sales, the transaction value of the imported merchandise is determined on the basis of the "first or earlier sale" of goods - the first sale in which the goods are "sold for exportation to the United States" or any other sale earlier than the last sale prior to the introduction of the merchandise into the United States.

Your declaration will need to be made on the Commercial Invoice. Please notify your vendors immediately of this required declaration.

For more detailed information, please see following:
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=55046015397+3+1+0&WAISaction=retrieve
http://federalregister.gov/OFRUpload/OFRData/2008-19640_PI.pdf
http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/grace_period2.xml

__________________________________________________________________________________
Copyright 2009 - Flegenheimer International

310-322-4366
227 W. Grand Avenue
El Segundo, CA 90245

First Sale Declaration Requirement

2008-09-04T16:46:00.000-07:00

To all our valued Customers:

Please take immediate note of the following U.S Customs announcement regarding First Sale Declarations -

Effective September 19, 2008, all importers will be required to provide a declaration to CBP at the time of filing a consumption entry when, in a series of sequential sales, the transaction value of the imported merchandise is determined on the basis of the "first or earlier sale" of goods - the first sale in which the goods are "sold for exportation to the United States" or any other sale earlier than the last sale prior to the introduction of the merchandise into the United States.

Your declaration will need to be made on the Commercial Invoice. Please notify your vendors immediately of this required declaration.

For more detailed information, please see the following:

http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=55046015397+3+1+0&WAISaction=retrieve

http://federalregister.gov/OFRUpload/OFRData/2008-19640_PI.pdf

http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/grace_period2.xml

Seals, fees, labeling, and other issues

2008-08-22T16:32:00.000-07:00

We've assembled some items that are of interest to importers/exporters. If you have any feedback on these items, please send us an e-mail at newsletterf@flegenheimer.com or give us a call at: (310) 322-4366.

Mandated seals on all containers in transit to U.S

Containers arriving into any U.S port will be required to be sealed with a seal meeting the ISO/PAS 17712 standard. Even foreign bound containers remaining on board arriving at a U.S port on or after October 15, 2008 are required to be sealed meeting ISO/PAS 17712 standard. For more information, go to Federal Register page at:

http://edocket.access.gpo.gov/2008/pdf/E8-18174.pdf

Governor to increase fees for containers entering at the ports of Los Angeles, Long Beach and Oakland

Beginning July 1, 2009 importers would be paying an additional $30 per twenty-foot equivalent unit TEU if Governor Schwarzenegger approves the bill. Fee is being assessed to improve air quality at these ports.

http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0951-1000/sb_974_bill_20080805_enrolled.html

Mandatory country of origin labeling for certain agricultural goods

The government is now requiring "Country of Origin" labeling for beef, pork, lamb, chicken, goat meat, perishable agricultural commodities, peanuts, pecans, ginseng and macadamia nuts.

http://edocket.access.gpo.gov/2008/pdf/E8-17562.pdf

Trade Court Blocks Refund to Indian Shrimp Exporters

August 13, 2008 - Last week, the U.S. Court of International Trade (CIT) in New York blocked the refund of billions of dollars to Indian shrimp exporters despite a recent reduction in average antidumping duties to 1.69 percent.

The ruling followed an appeal by the Southern Shrimp Alliance, which represents domestic shrimp fishermen and processors in eight Southern states. SSA initiated the original antidumping proceedings back in 2003, and duties were placed on six major exporting countries, including India.

The U.S. Department of Commerce's tariff reduction ruling is suspended. If the court finds merit in SSA's appeal, the DOC will re-examine the reduced rates that resulted from the second annual review, a process that could take more than two years.

Duties on Indian shrimp have already been reduced since first imposed in 2004, when the average rate was set at 10.17 percent. The rate was cut to 7.22 percent in early 2007.

Devi Sea Foods, a leading Indian shrimp exporter to the United States, recently had its duty cut to less than 1 percent from 4.93 percent and stood to receive a large refund on duties it already paid. The company will reportedly challenge the CIT's ruling.

Article from www.SeafoodSource.com

USTR Considering GSP Status for Vietnam

TThe office of the U.S. Trade Representative issued a notice in the Federal Register on June 20th seeking comments on designating Vietnam as a GSP-eligible beneficiary developing country. Comments would be due to the agency on August 4, 2008. The Federal Register notice is online at: http://edocket.access.gpo.gov/2008/pdf/E8-14017.pdf

Seals, Fees, Country of Origin, Indian Shrimp, GSP

2008-08-01T22:13:00.000-07:00

August/September 2008

We've assembled some items that are of interest to importers/exporters.

Mandated seals on all containers in transit to U.S
Containers arriving into any U.S port will be required to be sealed with a seal meeting the ISO/PAS 17712 standard. Even foreign bound containers remaining on board arriving at a U.S port on or after October 15, 2008 are required to be sealed meeting ISO/PAS 17712 standard. For more information, go to Federal Register page at:
http://edocket.access.gpo.gov/2008/pdf/E8-18174.pdf

Governor to increase fees for containers entering at the ports of Los Angeles, Long Beach and Oakland
Beginning July 1, 2009 importers would be paying an additional $30 per twenty-foot equivalent unit TEU if Governor Schwarzenegger approves the bill. Fee is being assessed to improve air quality at these ports.
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0951-1000/sb_974_bill_20080805_enrolled.html

Mandatory country of origin labeling for certain agricultural goods
The government is now requiring "Country of Origin" labeling for beef, pork, lamb, chicken, goat meat, perishable agricultural commodities, peanuts, pecans, ginseng and macadamia nuts.
http://edocket.access.gpo.gov/2008/pdf/E8-17562.pdf

Trade Court Blocks Refund to Indian Shrimp Exporters
August 13, 2008 - Last week, the U.S. Court of International Trade (CIT) in New York blocked the refund of billions of dollars to Indian shrimp exporters despite a recent reduction in average antidumping duties to 1.69 percent.

The ruling followed an appeal by the Southern Shrimp Alliance, which represents domestic shrimp fishermen and processors in eight Southern states. SSA initiated the original antidumping proceedings back in 2003, and duties were placed on six major exporting countries, including India.

The U.S. Department of Commerce's tariff reduction ruling is suspended. If the court finds merit in SSA's appeal, the DOC will re-examine the reduced rates that resulted from the second annual review, a process that could take more than two years.

Duties on Indian shrimp have already been reduced since first imposed in 2004, when the average rate was set at 10.17 percent. The rate was cut to 7.22 percent in early 2007.

Devi Sea Foods, a leading Indian shrimp exporter to the United States, recently had its duty cut to less than 1 percent from 4.93 percent and stood to receive a large refund on duties it already paid. The company will reportedly challenge the CIT's ruling.
Article from www.SeafoodSource.com

USTR Considering GSP Status for Vietnam
TThe office of the U.S. Trade Representative issued a notice in the Federal Register on June 20th seeking comments on designating Vietnam as a GSP-eligible beneficiary developing country. Comments would be due to the agency on August 4, 2008. The Federal Register notice is online at: http://edocket.access.gpo.gov/2008/pdf/E8-14017.pdf
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US Customs News, Seafood News

2008-07-22T22:26:00.000-07:00

Customs, Seafood, and International News
07/22/08

U.S Customs News

CBP has developed a new online trade violation reporting system called e-Allegations to provide concerned members of the public a means to confidentially report suspected trade violations to CBP.

Beginning June 17, 2008, members of the public can go to: http://www.customs.gov/ and access the e-Allegations link under the Trade page.

Seafood News
Secretary of Health and Human Services announced a pilot program for farmed shrimp to allow third party certification by foreign entities to precertify shrimp meets FDA requirements/ standards. For more information, go to: http://www.hhs.gov/news/press/2008pres/07/20080709a.html

Doing Business with India
U.S Commerce Department Launches, India Business Center a "One-stop shop" to help U.S exporter search for market opportunities. Go to: http://www.export.gov/india

A huge thank you goes out to our clients and partners for their support and loyalty over the last three decades. Join us in celebrating this 30 year anniversary.
Copyright 2009 - Flegenheimer International

Customs, Seafood, and International News

2008-07-22T16:27:00.000-07:00

U.S Customs News
When you need to know the right answer, right now. CBP has developed a new online trade violation reporting system called e-Allegations to provide concerned members of the public a means to confidentially report suspected trade violations to CBP.

Beginning June 17, 2008, members of the public can go to: http://www.customs.gov and access the e-Allegations link under the Trade page.

Seafood News
Secretary of Health and Human Services announced a pilot program for farmed shrimp to allow third party certification by foreign entities to precertify shrimp meets FDA requirements/ standards. For more information, go to: http://www.hhs.gov/news/press/2008pres/07/20080709a.html

Doing Business with India
U.S Commerce Department Launches, India Business Center a "One-stop shop" to help U.S exporter search for market opportunities. Go to: http://www.export.gov/india

A huge thank you goes out to our clients and partners for their support and loyalty over the last three decades. Join us in celebrating this 30 year anniversary.