San Diego/Otay, CA


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Feb
9
2022
Newsletter February 2022

Topics Covered

• World Customs Organization's broadest set of Changes to the Harmonized Tariff Schedule made in the past 5 years.

• Trade User Responses to CBP Forms 28, 29 and CBP 4647 on New App

• ACE Portal Modernization Phase 1

• February 20th Deadline to log into current ACE Portal to be linked to modernized ACE Portal

• GUIDANCE: Modifications to the Harmonized Tariff Schedule of the United States – Section 301 China Remedy

• Ports of LA/Long Beach to Reconsider Container Dwell Fee Feb. 4

• Mexico’s Digital Carta Porte Supplement Now Enforced

• Federal Holidays for 2022

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TOPICS COVERED

World Customs Organization's broadest set of Changes to the Harmonized Tariff Schedule made in the past 5 years.


 

Trade User Responses to CBP Forms 28, 29 and CBP 4647 on New App 


 

ACE Portal Modernization Phase 1


 

February 20th Deadline to log into current ACE Portal to be linked to modernized ACE Portal 


 

GUIDANCE: Modifications to the Harmonized Tariff Schedule of the United States – Section 301 China Remedy


 

Ports of LA/Long Beach to Reconsider Container Dwell Fee Feb. 4


 

Mexico’s Digital Carta Porte Supplement Now Enforced


 

Federal Holidays for 2022


 

World Customs Organization's broadest set of Changes to the Harmonized Tariff Schedule made in the past 5 years

 

Presidential proclamation published December 28th 2021, announced that the 2022 HTS changes would take effect 30 days after that publication. 
January 27th 2022 changes were the broadest set of changes to the harmonized tariff schedule made in the past five years.
You may access the 2022 online Harmonized Tariff Schedule reflecting recent changes.

We are also sharing an excel list of changes for your convenience, as well as one part of the "International Trade Today's" Chapter 90-97 Summary of changes, they have developed covering:

  • Photographic apparatus
  • Measuring and checking instruments
  • Clocks and watches
  • Manufactured articles and cultural articles of chapters 90-97.

Summaries of changes to other chapters are not yet included on this summary.  Please see annexes to the presidential proclamation included in an International Trade Commission report. Also please find the World Customs Organization’s correlation table for a summary of changes at the six-digit level from the 2017 to the 2022 HS nomenclature, as well as short explanations of some changes.

Please feel free to contact our compliance team if you have any questions.

Summary Source:  International Trade Today

 

 

Trade User Responses to CBP Forms 28, 29 and CBP 4647 on New App

Beginning January 29th, trade users will no longer be able to submit responses directly through the ACE Portal, and electronic responses will only be available through DIS (via EDI or email submission). Once the new ACE forms application is deployed in April 2022 (to be accessed via the ACE Portal), trade users will have the option to directly respond to CBP Forms 28, 29 and CBP form 4647 through the new application.

Please contact our Compliance teams for assistance replying to any CBP 28 request for information from CBP, questions on your CBP 29 or CBP 4647 specially during this time.
Source:  CSMS #50775619

ACE Portal Modernization Phase 1

February 20th Deadline to log into current ACE Portal to be linked to modernized ACE Portal 

On January 22nd, CBP deployed Phase 1 of the modernization of the ACE Secure Data Portal.  Enhancements include the new login screen, a new home page, as well as upgraded account information display and edit features.  Users will follow a few simple steps to create a new username and password and link their existing ACE Portal access. Users will be able to login the legacy page (current ACE Portal) until February 20th, 2022.  Users will not be able to log in to previous legacy ACE Portal after this day, however, they will be able to access the legacy ACE Portal through a link in the modernized ACE Portal.
 
The legacy ACE Portal will be decommissioned once all functionality has been transitioned to the modernized ACE Portal. During this transition period, CBP will continuously synchronize data between both versions.
Legacy ACE Portal URL (https://ace.cbp.dhs.gov) will begin redirecting users to the modernized ACE Portal (https://ace.cbp.gov).

To access the upgraded features, log in to the modernized ACE Portal.

Recommendations:

1) Internet Browser:  If trade users are using Internet Explorer, access to modernized ACE Portal functionality may be limited. Alternatively, Microsoft Edge or Google Chrome enable access to all features.

2) When accessing the new ACE Portal for the first time, users will select the “External Login ” button and will be prompted to create a new username and password. From there, users will complete a one-time sync of existing ACE Portal access permissions by entering their legacy ACE Portal username and password. Once this initial sync is complete, users may access the new ACE Portal with their new username and password.

3) If you currently have the legacy ACE Portal (current ACE Portal) make sure account is still active, otherwise contact the account owner, proxy, or ACE support to help you restore your password. This will prevent technical issues when trying to link the legacy ACE Portal to the modernized ACE Portal.

ACE users who need assistance logging in to the modernized ACE Portal or resetting passwords should
contact the ACE Account Service Desk (ASD) at 866-530-4172 or ACE.Support@cbp.dhs.gov.

4) Multifactor Authentication (MFA): Every time users log into the modernized ACE Portal, CBP will send an email with a security token to the account’s associated email address. Type the security token in the Security Token field and select the VERIFY button. After verification, the Home page displays.
NOTE: The "Security Token" provided when creating your new account will be provided once and will be valid for 5 minutes only.

5) Your modernized ACE Portal account will be active for at least 45 days if you are still active within that time.  No need to change password every 3 months as long as account remains active.

For additional information please see the Modernized ACE Portal Quick Reference Guide.

Future Phases:
Following the successful deployment of Phase 1, CBP will move forward with the transition of additional functionality into the modernized ACE Portal until all features of the legacy ACE Portal become available in the upgraded version. The completion of this effort is planned for January 2023. Additional features to be transitioned include:

  • The complete set of links to other applications, available in the References section
  • Account creation functionality
  • Create/edit functionality for supporting account data
  • Document management features
  • User management/access tools

For more information, please visit https://www.cbp.gov/trade/automated/ace-portal-modernization.
 

Source:  CBP CSMS #50752966/ #50861476 

 

GUIDANCE: Modifications to the Harmonized Tariff Schedule of the United States – Section 301 China Remedy

The purpose of this message is to provide guidance on new Section 301 modifications made to certain Harmonized Tariff Schedule (HTS) classifications within the Harmonized Tariff Schedule of the United States (HTSUS).

To modify the HTSUS to maintain the duty treatment with respect to actions pursuant to section 301 of the Trade Act of 1974, the HTSUS is modified as set forth in Annex II of Publication 5240.  The modifications laid out in Publication 5240 are effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after January 27, 2022.

The new Section 301 modifications made to certain HTS classifications within the HTSUS are laid out in pages 185-195 of Publication 5240.  The new HTS will maintain the duty treatment with respect to actions pursuant to section 301 of the Trade Act of 1974 under the appropriate U.S. Note provided below that took effect January 27, 2022. 

  • Per Annex II.A, certain HTS classifications under Chapters 28, 84, 85, 87, 88, and 90 of U.S. note 20(b) are modified.
  • Per Annex II.A, certain HTS classifications under Chapters 39, 85, 87 of U.S. note 20(d) are modified.
  • Per Annex II.A, certain HTS classifications under Chapters 3, 4, 7, 8, 12, 20, 22, 24, 25, 29, 32, 34, 38, 40, 44, 55, 57, 58, 59, 68, 70, 71, 74, 81, 84, 85, 87, 89, and 94 of U.S. note 20(f) are modified.
  • Per Annex II.A, certain HTS classifications under Chapters 4, 8, 12, 15, 17, 20, 21, 29, 36, 38, 40, 44, 49, 62, 70, 85, 90, 91, 94, 95, and 97 of U.S. note 20(s) are modified.

We have uploaded an excel file RLJ- HTS 2022 vs List Section 301 CN for your convenience.  Also please find updated Section 301 Tranches and Rounds Chart for your reference.
 

Importers shall submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when the new 1-97 Chapter HTSUS numbers laid out in Publication 5240 are submitted.
SOURCE:   CSMS #50834787

 

Mexico’s Digital Carta Porte Supplement Now Enforced

Mexican transportation companies must now generate an accurate “Carta Porte Supplement” or bill of lading with the corresponding “CFDI” or Digital Fiscal Document via the Internet. The Carta Porte Supplement, along with the CFDI of Revenues and other associated import documents, must be in the driver’s possession while hauling the related merchandise across the Mexico-U.S. border.
 
This change took effect Jan. 1 within the Mexico government for the country’s carriers to follow. Beginning March 31, Mexican carriers that do not properly fill out the Carta Porte will be subject to fines.
 
“Essentially the Mexican government needs to ensure their carries are paying their taxes properly,” explained NCBFAA Vice President JD Gonzalez in Laredo, Texas. “This new procedure by Mexican Customs requires the carrier to have all the required information to proceed. It is basically an interactive bill of lading with Mexican Customs and tax authorities, with the carrier providing detailed information about the shipper and the U.S. and Mexican customs broker.”
 
More information about this Carta Porte Supplement requirement is available here.
Source:  NCBFAA

Ports of LA/Long Beach to Reconsider Container Dwell Fee Feb. 4

The ports of Los Angeles and Long Beach have continued to postpone their “Container Dwell Fee,” and said they will reconsider its possible imposition on Feb. 4. 
 
Since the fee was announced on Oct. 25, the two ports said they have seen a decline of 67 percent combined in aging cargo on the docks.
 
The executive directors of both ports will reassess fee implementation after monitoring data over the next week. Fee implementation has been postponed by both ports since the start of the program, but it remains a threat to the industry.
 
Under the temporary policy approved Oct. 29 by the Harbor Commissions of both ports, ocean carriers can be charged for each import container that falls into one of two categories: In the case of containers scheduled to move by truck, ocean carriers could be charged for every container dwelling nine days or more. For containers moving by rail, ocean carriers could be charged if a container has dwelled for six days or more.
 
The fee has been set at $100 per container, increasing in $100 increments per container per day of excess dwell time beyond the prescribed period.
 
The port authorities have said that the fees collected from dwelling cargo will be “reinvested for programs designed to enhance efficiency, accelerate cargo velocity and address congestion impacts.”
 
Although the fees continue to be delayed by the port authorities, NVOCCs should contact their ocean carriers to determine which category their cargo falls under and how/if they will be charged the fee.
 
NCBFAA Transportation Counsel Venable anticipates that VOCCs will begin to offset this charge and pass it along to NVOCCs, subject to the 30-day waiting period for tariff rate increases as required by the Shipping Act. NVOCCs have several options for mitigating the charge including (i) amending their Negotiated Rate Arrangements (NRAs) with shippers to pass through the charges; (ii) amending their NVOCC Service Arrangement (NSAs) with shippers to offset the charges; and (iii) updating their tariffs to offset the charges, subject to the waiting period. These amendments and changes to mitigate the charges must be made in a form compliant with the Shipping Act and Federal Maritime Commission (FMC) regulations.
Please contact our Logistics teams if you have any questions.

SOURCE:  NCBFAA


U.S. FEDERAL HOLIDAYS

Date                                        Holiday

Monday, January 17            Birthday of Martin Luther King Jr.
Monday, February 21          Washington´s Birthday
Monday, May 30                   Memorial Day
Monday, June 20                   Juneteenth National Independence Day
Monday, July 4                       Independence Day
Monday, September 5         Labor Day
Monday, October 10            Columbus Day
Friday, November 11           Veterans Day
Thursday, November 14      Thanksgiving Day
Monday, December 26         Christmas Day
Sunday, January 1                 New Year’s Day

 


 

 

As one of the most highly automated brokers in the United States, we combine our high quality standards with customized solutions to meet every customer's needs.  We use innovative technologies which assist us in providing complex solutions to our customer's business needs both locally and around the globe.  Our solutions facilitate our client's trade operations while building strong relationships to ensure an excellent overall customer experience.  Our highly trained team of professionals at RL Jones providing services in customs brokerage, warehousing and logistics has aided us in becoming an industry leader with over 80 years of experience.  Our company was founded in 1938 by Earl D. Roberts in Calexico, California and throughout the years we have expanded our coverage to include all major U.S Southern Border Ports with over four hundred employees in the entire network.  

 

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