U.S. Bureau of Customs and Border Protection (CBP) and the State Department have issued a final rule, effective January 23, 2007, that implements the first stage of the Western Hemisphere Travel Initiative (WHTI), in order to require, with limited exceptions, all U.S. citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico to present a valid passport, when departing from or entering the U.S. by air from within the Western Hemisphere.
CBP CROSS Rulings
CBP issues binding advance rulings in connection with the importation of merchandise into the United States. They issue the rulings to give the trade community transparency of how CBP will treat a prospective import or carrier transaction. Common rulings include the tariff classification, country of origin, or free trade agreement applicability of merchandise, among other things. These rulings are available in CBP's Customs Rulings Online Search System (CROSS) database.
According to a FAQ from the Department of Homeland Security, the U.S. Bureau of Customs and Border Protection (CBP) and the State Department have issued a final rule, effective January 23, 2007, that finalizes the first phase of a joint DHS and Department of State plan, known as the Western Hemisphere Travel Initiative (WHTI).
U.S. Customs and Border Protection (CBP) has issued a proposed rule which would amend Department of Homeland Security (DHS) regulations pertaining to CBP's field organization by extending the geographic limits of the port of Dayton, Ohio, to include the Airborne Airpark in Wilmington, Ohio. CBP adds that the proposed extension of the port limits of Dayton is due to the closing of express consignment operations at Dayton International Airport, and the expansion of express consignment operations at Airborne Airpark. CBP notes that the user-fee status of Airborne Airpark would be terminated. Comments must be received on or before January 22, 2007. (D/N USCBP-2006-0091, FR Pub 11/21/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-19631.pdf)
The Animal and Plant Health Inspection Service (APHIS) has issued a press release announcing that it is delaying the November 24, 2006 effective date and establishing a staggered implementation for the collection of agricultural quarantine and inspection (AQI) user fees for inspections of Canadian-grown fruits and vegetables, commercial vessels, vehicles, railroad cars and aircraft, as well as international passengers entering the U.S. from Canada.
The law firm of Rodriquez O'Donnell Ross reports that U.S. Customs and Border Protection (CBP) recently announced that it had settled with Pioneer Speakers for $10 million over an incorrect North American Free Trade Agreement (NAFTA) claim. According to the report, Pioneer wrongly claimed NAFTA for imported speakers that were made with ineligible parts. The case originally involved a claim for over $21 million for the purportedly false NAFTA claims and over $15 million for claimed record keeping violations. (Rodriquez O'Donnell Ross Pub October/November 2006, www.rorlaw.com)
In U.S. v. UPS Customhouse Brokerage, Inc., dba UPS Supply Chain Solutions, Inc., the Court of International Trade (CIT) has certified UPS' immediate interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) on the following question of law regarding multiple broker penalties:
CBP has posted to its Web site an updated version of its Trade Support Network (TSN) Plenary Session Agenda. According to CBP, the TSN Plenary Session is to be held December 11-13, 2006 in Arlington, VA. CBP has previously stated that it will update documents related to this session and post them to the Web site as revisions are made. (CBP draft agenda, registration information, etc., available at http://www.cbp.gov/xp/cgov/toolbox/about/modernization/trade_support_network/dec06_register/)
On October 4, 2006, the President signed into law Public Law (P.L.) 109-295, the conference version of H.R. 5441, the fiscal year (FY) 2007 appropriations bill for the Department of Homeland Security (DHS), including U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), etc.
U.S. Customs and Border Protection (CBP) has posted to its Web site a new version of its Foreign Trade Zones Manual (FTZ Manual) which it compiled as a joint effort with the Foreign-Trade Zones Board (FTZB), the Bureau of the Census (Census), and the National Association of FTZs.
The U.S. is preparing to implement hundreds of tariff changes in the 2007 U.S. Harmonized Tariff Schedule (HTS) in order to conform U.S. law to international Harmonized System (HS) nomenclature changes recommended for adoption by the World Customs Organization (WCO), and certain Harmonized System Committee (HSC) decisions necessary to ensure uniform application of the nomenclature, etc.