Thursday, April 15, 2010

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Monday, August 31, 2009

First Sale

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=

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Thursday, July 9, 2009

ISF Information

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.


Friday, May 1, 2009
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



Copyright 2009 - Flegenheimer International

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


Tuesday, April 7, 2009

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

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


Wednesday, February 4, 2009

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

"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/

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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

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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
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Copyright 2009 - Flegenheimer International

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



Tuesday, December 16, 2008

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

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

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