Trade Update from Trade Innovations, Inc.

CBP Issues Updated Importer Security Filing (ISF) FAQ:
See Michael Laden's article below for further details. For a copy of the 63-page FAQ click here: CBP's Updated ISF FAQ.

COAC Asks Congress to Repeal 100% Scanning Rule: The Commercial Operations Advisory Committee (COAC) a 20-member blue ribbon committee providing advice to the Department of Security and the Treasury Department on matters relating to commercial cargo has called upon Congress to consider repealing the 100% scanning requirement mandated in the Safe Port Act of 2006. As it currently stands the law requires 1005 scanning of all maritime cargo bound for the U.S. by 2012. The rule has been widely opposed by the U.S. trade community and our foreign trading partners and governments. The Maritime Transportation Security Act of 2010 (S.3639) recently introduced by Senators John D. Rockefeller, D-W.V., and Kay Bailey Hutchison, R-Texas, includes a provision to extend the deadline from 2012 to 2015.

CBP and CPSC Join to Create the Import Safety Commercial Targeting and Analysis Center (CTAC): U.S. Customs & Border Protection (CBP) and the consumer Products Safety Commission (CPSC) have announced a joint targeting center that is intended to centralize and strengthen federal efforts to protect U.S. consumers. The CTAC, which will be located in Washington, D.C. and have a staff of 30, will target imports, including food, for possible safety violations. Just as with other targeting efforts, the CTAC will rely heavily on data that is provided in entry or entry summary filings and manifests. Other agencies involved in the operation of the CTAC will be the Food and Drug Administration and the Food Safety Inspection Service.

FMC Begins Rulemaking to Eliminate Tariffs: In February of this year the Federal Maritime Commission (FMC) published its decision to relieve licensed NVOCCs from the costs and burdens of tariff rate publication. The April 29 rulemaking promulgated new and amended regulations that, when given effect, will establish the criteria that must be adhered to by NVOCCs (Non-Vessel Operating Common Carrier's) that seek to be exempt from the tariff rate publishing requirement. Publication of rules tariffs would still be required under the regulations. The proposed FMC regulations would recognize "negotiated rate agreements," or NRAs, as a new type of instrument that, in function, would serve to set individualized rates as between a shipper and NVOCC. An NRA is defined in the regulations as a "written and binding arrangement between a shipper and an eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination, on or after the receipt of the cargo by the carrier or its agent (or the originating carrier in the case of through transportation)."

U.S. and Korea Agree to Mutual Recognition: Last month South Korea and the U.S. signed a Mutual Recognition Agreement (MRA) for supply chain security. This means the U.S. Customs & Border Protection (CBP) and the Korean Customs Service (KCS) will mutually recognize the security status of companies operating in both regions. Members in CBP's C-TPAT (Customs-Trade Partnership Against Terrorism) and KCS's AEO (Authorized Economic Operator) programs will benefit by this MRA. The Korean MRA makes the fifth one signed by the U.S.; the four other countries are Canada, New Zealand, Japan, and Jordan.

Federal Agencies Issue Joint Strategic Plan on Intellectual Property Enforcement: A multitude of federal agencies issued the 2010 Joint Strategic Plan on Intellectual Property Enforcement. The plan calls for 33 enforcement strategies to combat the proliferation of violations. For a copy of this report please click here: 2010 Joint Strategic Plan on Intellectual Property Enforcement.

Corrections:
Last month's Trade News Briefs column incorrectly reported that CBP intended to enforce the Residue Rule. CBP has since backed away from that plan while they continue to consider how or if to enforce it.