Industry-Wide News
SUBJECT: Port of Nogales Sunday Service for 2023
Dear friends and customers,
The following is to inform you that the U.S. is increasing import tariffs on hundreds of goods from Russia and imposing a number of additional sanctions against that country in response to its ongoing war against Ukraine.
Under an April 2022 law that revoked permanent normal trade relations status for (and thus increased tariffs on) imports from Russia, President Biden has issued an executive order that, effective July 27, will further increase to 35 percent U.S. import tariffs on more than 570 groups of goods from Russia. The annex to the proclamation that will list the affected goods is not yet available, but the Office of the U.S. Trade Representative said it includes steel and aluminum; minerals, ores, and metals; chemicals; arms and ammunition; wood and paper products; aircraft and parts; and automotive parts.
Other measures the U.S. intends to take in the near future include the following.
- Adding companies “engaging in backfill activities in support of Russia” to the Entity List, which will prohibit those companies from purchasing U.S.-made goods and technologies
- Imposing blocking sanctions against (1) major Russian state-owned defense enterprises, defense research organizations, and other defense-related entities and (2) persons tied to aiding Russia’s efforts to evade U.S. sanctions
- Issuing an alert to financial institutions to aid in detecting potential violations of export controls
For more information, please refer to U.S. Further to Increase Tariffs, Impose More Sanctions on Russia.
If you have any questions, please feel free to contact our offices.
Sincerely,
Dear friends and customers,
The following is to inform you that the U.S. will ban imports of all goods made in whole or in part from any good from the Xinjiang Uyghur Autonomous Region in China effective June 21. Companies should be finalizing efforts to ensure their supply chains do not include such goods.
President Biden signed into law Dec. 23, 2021 the Uyghur Forced Labor Prevention Act (UFLPA), which effectively deems all goods mined, produced, or manufactured in the XUAR to be produced by forced labor in China. Even companies not importing directly from China may have goods detained if the materials used to produce the imported goods in a second country are tied at any level to XUAR or specific entities or commodities associated with forced labor in China.
Under the UFLPA, imports of goods from the XUAR will be banned unless CBP determines that:
- The importer of record has fully complied with relevant guidance to be provided by CBP, as well as any regulations issued to implement that guidance;
- The importer has completely and substantively responded to all inquiries for information submitted by CBP to ascertain whether the goods were made wholly or in part with forced labor; and
- By clear and convincing evidence, the goods were not made wholly or in part by forced labor.
If a shipment is detained, Importers of Record will have the option to exclude the shipment, meaning the importer will have to export shipment out of the United States, or to request an exception to the rebuttable presumption and will have 30 days to submit complete documentation proving shipment complies with Forced Labor Enforcement Task Force (FLETF) Importer Guidance and that it has a clean supply chain, free of forced labor. CBP’s level of evidence will be high. It will be more controlled and consistent than WRO´s.
Any good from the XUAR that thus overcomes the rebuttable presumption of being made with forced labor will be included in a public list to be issued by CBP 30 days after making such determination.
Importantly, the UFLPA calls for the Task Force to provide guidance to importers with respect to the following.
- Due diligence, effective supply chain tracing, and supply chain management measures to ensure they do not import any goods made with forced labor from mainland China and especially from the XUAR
- The type, nature, and extent of evidence that demonstrates that goods originating in mainland China were not made wholly or in part in the XUAR
- The type, nature, and extent of evidence that demonstrates that goods originating in mainland China, including goods detained or seized pursuant to Section 307, were not made wholly or in part with forced labor
If you have any questions please feel free to contact our offices.
Sincerely,
CSMS #51674047 - ACE Truck Manifest Modernization – Next Deployment Set for April 24
Requirements are:
1. That the goods are returned to USA without having been advanced in value, improved in condition by any process of manufacture, or other means while they were outside the USA.
2. That the merchandise has been exported from the United States. (Send evidence of the US export to Mexico, Ex: EEI and Mexican pedimento if possible).
3. Indicate program 9801.00.10 on invoice.
4. Complete and signed “Foreign Shipper/Importer Declaration.” It must be prepared and signed by both, the foreign exporter that returns the merchandise, and the owner, consignee or importer of the merchandise where they state that it is only a return in the same condition where no value or process is added.
5. Does not apply to products subject to AD/CVD duties.
6. Does not apply if the merchandise was exported from the US with benefit of Drawback
7. For foreign goods, that the return of merchandise takes place within 3 years after being exported from U.S.A. For American return products there is no deadline if you have evidence of USA origin such as: Manufacturers Affidavit or USMCA/TMEC/CUSMA certificate.
8. The 9801.00.10 program does not exempt the requirements, licenses, or compliance with other government agencies such as (USDA, EPA, FDA, APHIS, etc)
9. The 9801.00.10 program may exempt additional duties from Section 301 of products of Chinese origin if the above requirements are met.
Note: There are good practices for the control and use of tariff benefit programs. You can find them as Focused Assesment (FA) program. We remind you that as an importer, you must exercise reasonable care, staying informed, checking that you qualify for the programs for which you apply and periodically reviewing your internal controls.
https://www.cbp.gov/trade/programs-administration/audits/focused-assessment
Questions or comments please send mail to: compliance.clx@rljones.com
Dear Friend and Customer,
Hoping you, your family, and colleagues are all doing well,
The US Department of Commerce is delaying the effective date of the final rule, titled "System of Analysis and Monitoring of aluminum import ", from January 25, 2021 to March 29, 2021.
This delay means that licenses will no longer be required for imports of covered aluminum products as of January 25, 2021, as previously stated in the final rule.
The final rule was published on December 23, 2020 and can be found here: https://www.federalregister.gov/d/2020-28166.
Do not hesitate to contact us if you have any comments or questions.
Compliance.clx@rljones.com
Sincerely,
Compliance Department
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