May 2010
Coppersmith Global Logistics Newsletter
Jeff Coppersmith elected President of the National Customs Brokers & Freight Forwarders Assoc. of America (NCBFAA)
Quick Links
Join Our Mailing List

REGISTRAR CORP provides compliance services for manufacturers, exporters, and importers regulated by the U.S. Food and Drug Administration.  Services for the food and beverage, drug, medical device, and cosmetic industries are offered on a fixed-fee basis.  Registrar Corp is made up of 90 people worldwide, with 50 staff based in the U.S., including former FDA officials, scientists, and Regulatory Specialists.  With more than 20,000 clients in over 150 countries around the world, Registrar Corp's experts are ready to assist. 

 For Detentions Coppersmith has a designated point of contact to get you fast answers for resolution of your FDA detained goods. 


Registrar Corp

Customs Proposes Eliminating Paper Liquidation Notices

Importers are reminded that comments are due to Customs no later than May 15 in response to the agency's March 16, 2010, Federal Register proposal to do away with providing courtesy notices of entry liquidation directly to importers.
While this proposal will not end the distribution of electronic notices of liquidation to the filer (typically the customs broker, unless the importer self-files), Customs now wants to require that either the importer make arrangements with his broker to get the data (which raises cost and liability concerns) or the importer must become an ACE user.

BIS Issues New Guidance Documents

In January 2010, BIS posted on its website updated guidance for freight forwarders

Export Management and Compliance Program

Quick Links
FMC Announces Hearings On
Investigation of Inadequate Vessel Space and Containers

The Federal Maritime Commission  will hold confidential hearings on May 11-13, 2010 pursuant to its investigation into current conditions and practices in the U.S. liner trades, including container vessel capacity and equipment availability, as well as potential impediments to the flow of ocean-borne import and export trades.

This has been an exciting time at Coppersmith and a source of great pride in the leadership of both our company and our national association.  This is a true example of our company philosophy.

 Committed! Connected! Complete!

Adriana Faust 







Customs Brokers Swear in President

The Journal of Commerce Online - News Story
Coppersmith takes charge as prospects brighten for NCBFAA .
Jeffrey Coppersmith, the new president of the National Customs Brokers and Forwarders Association of America, is taking charge at a time when things are looking up for the organization.
The 800-member organization grew 15 percent in 2009 despite the recession. Its education programs are growing, and customs brokers are gaining credibility with government agencies beyond Customs and Border Protection.
Coppersmith, president of Coppersmith Inc. in El Segundo, Calif., was sworn in Tuesday night for a two-year term as president during NCBFAA's annual conference in San Antonio.
"Even in down years, people want to know what's going on. How do they do that? Join the NCBFAA," Coppersmith said. "We had 72 first-time attendees this year. I asked them 'Why do you come?' they said they want to know what's going on."
Coppersmith said that the organization's educational institute has grown 300 percent in the past three years, offering certification programs for import and export specialists.
"Ongoing education is critical since there are so many changes going on, but we're very engaged politically, and we'll stay engaged, because this is our livelihood," Coppersmith said.
The NCBFAA is a vigorous advocate for brokers' interests in Washington. In the past 10 years it has played a prominent role in developing programs from the Automated Commercial Environment to the Importer Self-Assessment or 10+2 regulations.
Coppersmith and Alan Klestadt, NCBFAA general counsel, said that brokers are simultaneously partners with Customs and Border Protection and subjects of Customs' regulation.
"This is a professional organization. We are about doing the job professionally in delivering a service," Klestadt said. "As Customs has moved through different administrations, you have seen threats to our livelihood, and evolution and change. We're trying to manage that change effectively and intelligently for our members."
"Customs wants to partner with us," Coppersmith said. "We've seen commissioners come and go, but the NCBFAA is always here. We know the issues and the history. It's our responsibility for brokers and forwarders to make sure the direction we go is in the best interests of our members."
Recently Customs has devoted more resources to regulatory oversight of brokers. Klestadt said that brokers recognize Customs' authority, but they expect Customs' oversight will be even-handed.
"We're working with Customs to make sure that their resources are applied in a reasonable and professional and fair manner," Klestadt said. "We don't dispute Customs' authority to regulate our industry. Our concern is that it be done with uniformity and clarity, so our members know what the rules of the road are."
Contact R.G. Edmonson at

FDA Urges Industry to Take Additional Steps to Prevent Cargo Theft

The U.S. Food and Drug Administration today sent a letter to companies and a wide range of other key stakeholders detailing the agency's concern over cargo and warehouse thefts of FDA-regulated products.

The products stolen have included prescription and over-the counter medicines, medical devices, and infant formula.

In its letter, the FDA seeks to:

  • raise awareness among industry about each firm's responsibility to review and strengthen their security practices
  • inform industry of the actions the FDA will take when the agency becomes aware of a large-scale theft, and outlines steps that firms should take
  • emphasize the importance of notifying and informing members of the supply chain and the public after thefts occur.
    The FDA believes every company should have a clear plan developed on how to respond to these incidents, since swift action is essential.

The agency believes prevention of cargo theft is critical. To help achieve that goal, the FDA will continue to work closely with manufacturers and wholesalers to find ways to better secure the nation's supply chain, which protects the public health.

 FDA Notification. In addition, businesses should promptly notify the FDA's Office of Criminal Investigations when a theft occurs by calling (800) 551-3989 or accessing the OCI Web site. FDA also encourages prompt reporting to law enforcement agencies. Typically, FDA's district office closest to a firm's corporate headquarters will follow up by requesting that the firm provide information pertaining to the stolen products, including a risk assessment and an action plan, as expeditiously as possible.


Update on Lacey Act
The Animal and Plant Health Inspection Service has issued a March 2010 version of its Lacey Act Primer. Also, at a recent brokers meeting, APHIS officials commented on current developments concerning the Lacey Act declaration for imported plants and plant products.

Review and Report on Lacey Act Declaration

According to APHIS officials, the agency will be working on its review of the 2008 Lacey Act Amendments (including the declaration) during the summer of 2010. In conducting the review, APHIS will provide public notice and an opportunity for comments.

A report to Congress is due within six months of the review's completion. The report must evaluate the effectiveness of the declaration requirements in assisting enforcement, and the potential to harmonize each of these requirements with other applicable import regulations. In addition, the report must include recommendations for appropriate legislation to assist in the identification of plants that are imported into the U.S. in violation of 16 USC 3372(f); and an analysis of the effect of requiring plant declarations on the cost of legal plant imports, etc.

Next Enforcement Phase

Any new phase would be announced six months prior to its start date. As an  example, a Phase V would have to be announced in May 2010 for it to begin in November 2010.

Exploring Use of a Website for Declarations

APHIS officials stated that the agency is looking into the possibility of accepting declarations via a website.

March 2010 Revised Lacey Act Primer
LACEY ACT PRIMER: APHIS has issued a March 2010 version of its Lacey Act Primer. Changes reflected in the updated primer include:

Merchandise description. The Primer and APHIS sources indicate that with Phase IV that began on April 1, 2010, the following additional information may need to be included in Box 10 of the declaration (Description of Merchandise):

  • for CITES Material - enter 'CITES permit number'
  • for Goods Manufactured Prior to Amendment - enter 'Manufactured Prior to May 22, 2008'
  • for musical instruments for performances - enter "Musical instruments for use in performances' or enter 'Musical instruments returning from performance'
  • If no wood content - enter 'No plant material present'
"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."

Maggie Smith Ranney
Coppersmith Global Logistics