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Successful Implementation of New ACE Functionality
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U.S. CBP reports that the following capabilities in the latest ACE Deployment were successfully implemented at the beginning of the year and are performing as expected.
The cargo release pilot, which was recently opened to all eligible filers of type 01 and type 11 consumption entries in the air transportation mode, was expanded to ocean and rail shipments as well as in-bond processing for partial quantity transactions in the air environment.
There is a single accept/reject message to filers for cargo release responses from CBP and participating government agencies.
Entry summary validations, which provide edits for entry summary data received from trade filers and were previously limited to edits for the Harbor Maintenance Tax and tariff classification, have been expanded to simple duty calculations on single Harmonized Tariff Schedule classification entry lines.
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| USTR Seeking Stronger Chinese Intellectual Property Laws and Enforcement |  |
The U.S. Trade Representative (USTR) recently submitted a report to Congress on the state of China's compliance with WTO rules, including those on intellectual property (the TRIPS Agreement). The report states that "China has established a framework of laws, regulations and departmental rules that largely satisfies its WTO commitment." However, USTR wants China to strengthen laws that exceed the level required by TRIPS, and the report describes its efforts to strengthen the laws, and the enforcement of those laws, especially online.
The report specifically singles out China for not having certain TRIPS-plus intellectual property protections in place. USTR would like to see "further improvement of China's measures for copyright protection on the Internet following China's accession to the [World Intellectual Property Organization] Internet treaties." It would like to see data exclusivity applied to more drugs.
China committed to take steps toward introducing a framework for registering manufacturers of bulk chemicals that can be used as active pharmaceutical ingredients, which would be a critical step in combating dangerous counterfeit pharmaceuticals around the world.
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WTO Countries Reach Historic Deal to Ease Trade Barriers
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At a meeting in Bali, Indonesia last December, ministers from 159 member countries of the World Trade Organization (WTO) reached a deal that will make it easier to move goods around the world and streamlines customs procedures.
The new trade liberalization measures will lower barriers to global commerce, bringing a much-needed boost to economic development in established and emerging markets alike.
In spite of limitations to the agreement, some experts have estimated that potential gains from the deal would be close to $1 trillion in world trade and 20 million jobs.
Concrete actions to materialize from the so-called "Bali package" are expected to be completed in 12 months.
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GHY at the 2013 CITT National Conference
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The 2013 National Conference on Supply Chain and Logistics presented by CITT covered a wide range of topics. Over the course of two days, more than 200 registered delegates learned how to survive everything from natural disasters to international import/export challenges, and thrive while doing so.
Among the presenters, GHY's Nigel Fortlage, VP of Information Technology, conducted a session explaining why a fully integrated, cross-functional risk management strategy is a new imperative for companies, and how to signal this priority and engage senior leadership.
Dramatic case evidence was presented that delegates could cite to help their colleagues and most senior leadership better appreciate the risks of not having an integrated global trade strategy and comprehensive support for their supply chain and logistics professionals, as well as the benefits of moving to a shared approach to global trade compliance across departments all the way up to the Board of Directors.
You can view the entire presentation (complete with slideshow) as part of CITT's "Virtual Sessions" by clicking here.
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Just a Third of Procurement Departments Well Prepared for Change
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Only a third of chief executive officers believe their procurement departments are well prepared for "transformative change", according to research by PricewaterhouseCoopers.
The 2014 PwC Global CEO Survey found 33 per cent of CEOs thought their procurement and sourcing departments were ready for the changes necessary to capitalize on global trends, compared to 56 per cent who felt their finance departments were.
At the same time, just 6 per cent of CEOs thought supply chain would be the "next big thing" to impact business and society over the next 10 years, with technology and the role of government taking the top spots.
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| GHY E-Newsletter February 2014 |

Many thanks to all those associates, partners, and clients who recently helped GHY as we went through a "Branding from the Inside Out" exercise with the assistance of innovative Winnipeg advertising agency ThinkShift.
A brand of an organization is never what we say it is, but rather what you, our valued clients and associates say we are based upon your experiences working with us.
Your feedback and insight helped GHY consolidate the threads of a singular story we have been sharing with you for the last 113 years. With the clarity you provided it helped us better define and articulate a clear reason WHY we exist that we can share with you for the first time today:
"Our Purpose is to help unbind the chains of supply and free trade, to help bring success to the trading enterprises we serve."
With this new clarity it was evident that our web site did not reflect this story, so we are undergoing a complete website redesign to reflect who we are as defined by you. Here is an example of how the new look will appear. You will notice the cleaner layout and less busy design that is optimised for mobile use as well. For the sake of efficiency it is also a consolidation of three existing websites into one encompassing our corporate website, the Tradelines news blog, and our Trade Compliance blog. As part of the "Branding From the Inside Out" exercise, we also defined our HOW we do business, put most simply as with CARE. So in ensuring we are helping CARE for you during this upcoming transition of the website, following is a timeline of when you can expect to see changes taking place:
March 2014 - Random guests visiting our website will be given an opportunity to experience the new site and provide feedback on their experiences.
April 2014 - Everyone will have an opportunity to see the new site and make it your new default GHY.com webpage as we will provide a link to the site on the top of our existing website.
May 2014 - when you visit GHY.com you will see the new website by default but we will allow a 30 day transition for you to find what you are looking for on the old site still.
We are working hard to ensure the experience of transition is smooth and worry-free for you. If you have any questions or comments please feel free to contact Nigel Fortlage, VP at 204-947-6700 ext 247 or by email nigel@ghy.com.
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Comprehensive Free Trade Deal with Europe Concluded But Still Requires "Fine Tuning"
In late October last year, Canada and the European Union signed a tentative deal to open markets and drop nearly all import taxes on everything from food to cars. Under the Comprehensive Economic Trade Agreement (CETA) and NAFTA, Canada will have preferential access to more than half of the world's economy. The agreement also provides for working groups to look at non-tariff barriers - regulations on health and sanitation, for example - that interfere with trade.
The sweeping free trade deal with the 28-member European Union - the largest trading bloc in the world which has a total population of 500 million and generates $17 trillion in annual economic activity is, as the name suggests, "comprehensive" - covering not only trade in all manner of commodities and finished goods, but extending also to such matters as investment facilitation, regulatory harmonization and the management of intellectual property.
The agreement comes five years after negotiations started, and nearly one year after the deal was supposed to be done. Other countries have been closely watching the process and it is bound to be a reference point for America's own FTA negotiations with the EU and in some sectors, at least, it is likely to affect trade flows.
Some notable Canadian exports affected include: passenger cars, auto and aerospace parts, medical and IT equipment, chemicals and plastic products, fresh and frozen fruits and vegetables, processed foods, grains and oils, dairy products, forest and lumber products, shrimp, lobster, metals, minerals, iron and steel. Imports from Europe that would see tariffs eliminated include: automobiles, industrial machinery, wine and spirits, some cheeses, fish and seafood products and many others.
It's unclear what the overall cost will be to the government of losing the revenue it presently earns from tariffs on imports of European products in addition to the amount involved compensating certain sectors that may be negatively impacted by the agreement. For example, the government is negotiating with the provinces and territories about compensation if the provision to extend drug patents by two years increases their costs.
For now the text of the Comprehensive Economic and Trade Agreement remains a confidential document that still requires "drafting and fine tuning." It could be another 18 to 24 months before final European approval is given, and Canada will likely proceed along a similar time frame in moving towards ratification. Meanwhile, the Harper government has made available a 30-page document, entitled Technical Summary of the Negotiated Outcomes, which provides an outline of the agreement in principle.
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A Pivotal Year for the U.S. FDA & Food Safety Compliance Issues
2014 promises to be a pivotal year for the U.S. Food and Drug Administration as the Obama administration works to complete a host of regulations to shore up a food safety system seen as exposing the American public to too many health risks. The centrepiece of the administration's effort is a series of rules now being developed in accordance with the Food Safety Modernization Act (FSMA), signed into law almost three years ago. A set of initial FSMA rules, proposed in January 2013, were followed last summer by draft regulations seeking to prevent contaminated foods from entering the country through third-party audits and a new supplier verification program. The two new proposed regulations - Foreign Supplier Verification Programs and the Accreditation of Third-Party Auditors - represent a "huge sea change" for food safety, according to Michael Taylor, the FDA's first ever deputy commissioner for foods, because they shift the regulatory system toward prevention, instead of relying heavily on FDA inspectors to catch problems at the border or port of entry. According to FDA, the agency is only able to physically inspect about two percent of all of the food coming into the country.
Under the Foreign Supplier Verification Program, regulations will for the first time clearly define U.S. food importers' responsibilities. Importers will have to have a plan in place that identifies the potential hazards for each food they're procuring, they will have to document what is being done to control the hazards, and FDA will have access to those documents.
The Accreditation of Third-Party Auditors is also a key change as many in the food community look to improve the integrity and consistency of food safety audits. Under the rule, FDA would recognize accreditation bodies, which could be foreign governments , non-profits, or private companies, to accredit third-party auditors, which can then be used for certifying foreign food facilities and for food, in some cases. According to the FDA, importers will not be required to obtain such certifications, but the process might be used by the agency to determine whether to admit a particular imported good that might pose a food safety risk.
FDA officials have indicated that the agency will be spending much of the year wading through thousands of public comments submitted in response to the draft rules and potentially re-proposing drafts of some of the regulations before the final language is unveiled.
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"Beyond the Border" Cargo Pre-inspection Concept Deemed Feasible
U.S. Customs and Border Protection (CBP) in partnership with Canada Border Services Agency (CBSA) and Public Safety Canada recently concluded a five month pilot test of cargo pre-inspection at the Pacific Highway border crossing, and deemed the concept feasible. Phase I of the initiative was designed as a "proof of concept" to determine the feasibility of placing CBP officers on Canadian soil to pre-inspect selected southbound trucks, drivers and cargo prior to arrival into the United States. The Phase I concept was also designed to test the feasibility of using certain technolog ies and jointly-developed procedures in order to conduct CBP primary truck processing in Canada.
Eligible participants were enrolled members of CBP's Free and Secure Trade (FAST) program. FAST-eligible trucks entering the United States had the opportunity to use a dedicated pre-inspection commercial primary booth located on the Canadian side of the border. Secondary inspections, when required, were conducted in the U.S. port of entry.
Phase II of the pilot will be conducted at the Peace Bridge Crossing in Buffalo, N.Y./Fort Erie, ON and will begin in January 2014 for up to one year. Phase II will test the ability of the pre-inspection process to reduce wait times and border congestion thereby streamlining the flow of cross-border trade that is vital to both country's economies.
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Congress Fails to Fix Controversial Meat Labelling Rules Prompting Renewed Warnings of Retaliation Against U.S. Exports
Until this week, signs of progress were seen to be emerging in the long-running trade dispute between Canada, the United States and Mexico over the U.S. Department of Agriculture's contentious country-of-origin labeling (COOL) rules that have seriously damaged Canadian meat exports to the tune of $1 billion per year and prompted the Harper government to threaten retaliation.
A number of U.S. lawmakers wanted the new rules put on hold and were expected to include a provision in the omnibus fiscal year 2014 appropriations bill currently making its way through Congress urging the Department of Agriculture to back off implementation of revised regulations pending a WTO appeal decision expected this spring. On January 27, however, lawmakers from both parties, in both houses of Congress, indicated they had arrived at a bi-partisan deal for a bill that didn't touch the labelling requirements.
"By refusing to fix country-of-origin labelling, the U.S. is effectively legislating its own citizens out of work, and harming Canadian and American livestock producers alike by disrupting the highly-integrated North American meat industry supply chain," Federal Agriculture Minister Gerry Ritz and International Trade Minister Ed Fast said in a joint statement.
"Our government continues to stand with our industry, and we remain steadfast in taking whatever steps may be necessary, including retaliation, to achieve a fair resolution."
Last year, Canada issued a list of U.S. products (agricultural and non-agricultural exports to Canada) that would face higher tariffs totalling up to $1.1 billion. Mexico is expected to issue a similar list of U.S. exports totalling several hundred million dollars.
Despite the USDA in May 2013 revising its regulations implementing the COOL law following a WTO ruling that they were inconsistent with U.S. trade obligations, Canada and Mexico contend that rather than bringing COOL regulations into WTO compliance, the USDA's proposed changes just "makes things worse."
The issue has pitted U.S. farmers, and their allies in Congress, against Canadian competitors and their American allies, such as the meat-processing plants they supply.
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eManifest Updates
eManifest is the third and final phase of the Canada Border Service Agency's Advance Commercial Information (ACI) program. The first two phases of ACI required air and marine carriers to electronically transmit pre-arrival cargo and conveyance information to the CBSA, within advance time frames. eManifest applies to most highway carriers who transport commercial goods into Canada. The program was to have been fully implemented last year, but due to the timelines associated with the regulatory process, the CBSA pushed back the date on which it will become mandatory for all highway carriers to the summer of 2014 - expected to be July, but an exact date has yet to be announced.
The CBSA advises that there are currently over 10,200 carriers registered with the eManifest project which represent 95% of the commercial traffic at the border. There are, however, still 15,000 highway carriers that are not registered. It is therefore in your best interest to ensure the carriers you hire (or that your vendor chooses) are eManifest registered and have the capability to transmit the required pre-arrival information electronically.
GHY's ACI and ACE eManifest Portal making eManifest requirements for northbound or southbound freight easier and faster for highway carriers and importers with their own trucks. Click here to find out more.
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