Coppersmith Global Logistics Newsletter
ENFORCEMENT RAMPING UP
 
LE Coppersmith, Inc.
In This Issue
C-TPAT
LACEY ACT
ISF
FDA ENFORCEMENT
Quick Links
 
C-TPAT
 
 ARE YOU A PARTICIPANT?

In a news release published on February 3, 2010, U.S. Customs and Border Protection (CBP) announced highlights and accomplishments of the Customs-Trade Partnership Against Terrorism (C-TPAT) program for 2009.

According to the release, "strong validation numbers, continued member growth and increased quality assurance" were some of the C-TPAT's 2009 accomplishments.

Some of the highlights listed in the release include:
- Completion of 3,420 validations through site visits in 75 different countries;
- Certification of 1237 new members, which represents an increase of 9 percent from the previous year;
- Submission of validation reports to a C-TPAT partner within 45 days of the validation date;
- Distribution of a Best Practices catalog to all members;
- Conduction of the first C-TPAT region-specific conference.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Greetings!

 Below is an excerpt from the Protecting American Consumers Every Step of the Way: A strategic framework for continual improvement in import safety.
 Included in this newsletter are updates on some these agencies and where we are in 2010.
 
On July 18, 2007, President Bush issued Executive Order 13439, establishing an Interagency Working Group on Import Safety (Working Group). The Working Group, chaired by Health and Human Services Secretary Michael O. Leavitt, is comprised of senior officials from 12 federal departments and agencies,1 each with unique and critical import safety responsibilities. This Executive Order and call for review was prompted by the recent dangers found in some imported apparel, pet food ingredients, toys, seafood, and other products.

The Executive Order defines the Working Group's mission as: (1) reviewing or assessing current procedures and methods aimed at ensuring the safety of products exported to the United States, including existing cooperation with foreign governments, foreign manufacturers, and others in the exporting country's private sector, (2) identifying potential means to promote all appropriate steps by producers and the U.S. importing community to enhance the safety of imported products, and (3) surveying authorities and practices of federal, state, and local government agencies regarding the safety of imports to identify best practices and enhance coordination among agencies.

LACEY ACT - APRIL 1st Phase 4
 

Please note that in addition to the HTS that are currently required to file the declaration the following are being added April 1, 2010

 
Reference
 
Chapter 44 - 4421 - Other articles of wood 

Chapter 66 - 6602 - Umbrellas, walking sticks,riding crops

Chapter 82 - 8201- Hand Tools

Chapter 92 - 9201 - Pianos

                 9202 - Other stringed instruments

Chapter 93 - 9302 - Revolvers & pistols

                9305.10.20 - Parts and Accessories to revolvers and pistols

Chapter 94 - 9401.69 - Seats with wood frames

Chapter 95 - 9504.20 - Articles and accessories of billiards

Chapter 97 - 9703 - Sculptures

Plus Phase 2 and Phase 3.

ISF ENFORCEMENT RAMPS UP APRIL 2010
 
According to the notice, CBP is planning to take a "measured, common-sense approach" to enforcement of ISF regulations. The notice addresses a quarterly enforcement process for 2010:
- 1st quarter, 2010: enforcement will be concentrated on importers not filing ISFs. Warning letters will be issued to noncompliant importers. No liquidated damages or Do Not Load (DNL) holds will be enforced, however, "CBP reserves the right to take any necessary enforcement actions for national security purposes."
 
April  2010
- 2nd quarter, 2010: Any noncompliant importers will begin to see an increase in manifest holds and examinations of shipments for which no ISF has been filed. Companies that participate in the Customs-Trade Partnership Against Terrorism (C-TPAT) program and demonstrate low rates of compliance will be notified at an executive level that noncompliance may jeopardize their C-TPAT status. No liquidated damages or Do Not Load (DNL) messages will be enforced, however, "CBP reserves the right to take any necessary enforcement actions for national security purposes."
 

- 3rd and 4th
quarters, 2010: Noncompliant importers will see a further increase in manifest holds and examinations of shipments for which no ISF has been filed. Noncompliant C-TPAT companies may have their C-TPAT status revoked, suspended, or reduced. Liquidated damages and DNL holds will be assessed. In addition, CBP will evaluate "every instance of noncompliance on a case-by-case basis to ensure that all mitigating and aggravating factors (as outlined in CBP's 10+2 Mitigating Guidelines) are considered before applying any enforcement action." Proposed penalty cases will be initiated by local ports and reviewed and approved by CHQ headquarters.

CBP has set up an email address dedicated to ISF-related inquiries at Security_Filing_General@cbp.dhs.gov. In addition, outreach and guidance will continue to be provided.

This approach "should not be viewed by the trade community as a further extension of the delayed enforcement period."
CONTACT YOUR COPPERSMITH REPRESENTATIVE FOR ASSISTANCE
FDA - ENFORCEMENT ON THE RISE
 

As you may be aware there are numerous movements by Congress to enact laws and give FDA more power to regulate and penalize importers for imported FDA regulated products.  These include Food and Food Supplements, Cosmetics, Drugs, Medical and Radiation Emitting Electronic Devices to name a few of the most commonly imported product categories.

In addition under current FDA regulatory authority FDA has recently developed a new targeting system called PREDICT (Predictive Risk-based Evaluation for Dynamic Import Compliance Targeting).   FDA's new PREDICT risk-based screening system for imports is here.  It is replacing the admissibility screening function of OASIS, FDA's legacy system. PREDICT will assist entry reviewers in targeting higher-risk shipments for examination.

 It will also expedite the clearance of lower risk cargo, but only if accurate and complete data is provided by the importer at time of entry.
                                                                                                       

For many years FDA has accepted incomplete submissions and verified information manually to release or May Proceed imports.  Now, when data is missing or inaccurate, and throws the submission out of electronic release to manual, it will be scored.  The more mistakes and/or missing information, the higher the score and releases will be slower to come. In some cases this may cause flagging for exam and sampling or even the issuance of Detention Notices. (Other targeting criteria may cause these actions even when submissions are complete).

 

It is very important that in working with your suppliers you ensure that all information required for a complete and accurate submission is provided to us.   As part of this process new Codes have been developed for reporting all parties to the transaction who are required to have registrations on file.  Where information is not available publicly on the FDA website and is considered proprietary we suggest you require the supplier to provide you with a copy of the FDA assignment of any Registrations, Identifiers, Processes, List Numbers and the like in addition to having this information on the commercial invoice.  

  

Coppersmith personnel will be contacting you if this information is not provided and will recommend that entry not be processed without these critical data elements.  If you authorize in writing,   transmission with missing data, additional charges will incur for follow up and processing required in the event of holds, samplings or detentions.

 
Sincerely,
 

Maggie Smith Ranney
Coppersmith Global Logistics
LE Coppersmith, Inc.
"This newsletter is for clients of Coppersmith Global Logistics and is for informational purposes only.  Topics contained herein are taken from numerous sources and are edited to provide an overview of the subject and should not be solely relied upon for implementation or compliance purposes.  Where possible we provide sources for more detailed information."