Tim Warren

Various promotional items imported by Bic Graphic that are labeled in the U.S. before export to NAFTA countries are considered as in the "same condition” for purposes of the NAFTA limitation on drawback, CBP said in an Aug. 12 ruling. CBP said in HQ H292472 the multiple labeling methods involved don't result in a change in condition and also may still be considered "unused." Mallory Alexander International Logistics requested the ruling on behalf of Bic Graphic.

The planned U.S. and Chinese tariff increases are expected to go forward as scheduled and escalation will continue "until both sides feel enough economic, market and/or political pain to strike a deal," said Bank of America Merrill Lynch global economists Ethan Harris and Aditya Bhave in a Sept. 3 research report. "The recent escalation has opened an almost insurmountable gap in terms of numbers and trust," the economists said. "The only real question is whether the Trump Administration takes the politically dangerous step of imposing tariffs on headline consumer products in December. We think they give it a go: given the supply chain lags it will mainly impact consumer prices after the holidays. All told we expect US tariffs against China to increase from about $63bn in August to more than $115bn by yearend, with Chinese tariffs on US products rising from $20bn to $25bn."

A recent Canada Border Service Agency policy update on how it administers antidumping normal value reviews seems to mark a notable shift away from a prospective system of trade remedies, lawyers at Borden Ladner said in a recent blog post. The new policy, which was announced (see 1907190017) in a July 19 memo, reduces predictability about whether a sales price "will be sufficient to avoid duty liability when goods are imported into the Canadian market," the firm said. CBSA disagreed with the characterization and said the policies "were informed by consultation with industry, workers, and other stakeholders."

The Department of Finance Canada is deploying changes to antidumping regulations “to ensure that an appropriate level of anti-dumping duties can be applied to goods that are dumped into Canada,” it said in an Aug. 23 news release. “This will provide greater flexibility to the Canada Border Services Agency (CBSA) to address situations where there may be distortions in the price of the goods in the country of export. It clarifies alternative methods to calculate the costs of production of the imported goods, in cases where the price of inputs is distorted because of purchases made between affiliated companies or because of a particular market situation.”

CBP is close to bringing industry on board to "go operational" with electronic manifest for export, said Jim Swanson, director of CBP’s Cargo and Security Controls Division, during the Aug. 21 Commercial Customs Operations Advisory Committee meeting in Buffalo, New York. Swanson said he has multiple meetings in the coming weeks with companies about using electronic manifest. CBP has been testing it internally for a while, Swanson said.

U.S. Trade Representative Robert Lighthizer expects Canada's Parliament to continue progress on the U.S.-Mexico-Canada Agreement in the fall following October elections, he said in recently posted written responses to House Ways and Means Committee members following a June 19 hearing (see 1906190062). "The Trudeau government has begun necessary steps to ratify the USMCA in its Parliament and has stated that it plans to move forward on implementation in tandem with the United States," he said. "The Canadian Parliament has adjourned for the summer and is not expected to return before federal elections are held on October 21, 2019. We anticipate that Canada will take up the legislation once a new government is seated later this fall, and we are confident that the Parliament will vote in favor of the Agreement."

The Commercial Customs Operations Advisory Committee appears to be among the advisory committees that aren't eligible for elimination under a recent executive order. President Donald Trump issued an executive order in June that directed all federal departments and agencies to eliminate one-third of their current Federal Advisory Committee Act-authorized committees by Sept. 30 (see 1906170021). Committees authorized by statute aren't eligible for elimination and, according to a search on the FACA database, there are 22 trade-focused committees that are required by statute.

CBP released a draft version of its business process document for Electronic Export Manifest and is hoping to get feedback at the CBP Trade Symposium in Chicago, the agency said in an email. "If you plan to attend the Exports Modernization Feedback Session on Wednesday, July 24, we are asking participants to be prepared to provide feedback on the attached CBP draft Electronic Export Manifest Business Process document," the agency said. "CBP is interested in hearing your feedback during the session."

Plans to reorganize International Traffic in Arms Regulations are ongoing despite what has been a lengthy legal review of the draft rules, a Directorate of Defense Trade Controls official said while speaking July 9 at the Bureau of Industry and Security annual export controls conference. Through a "series of rules we are trying to make the content of the ITAR more linear and more discernable," said Rob Hart, regulatory and multilateral affairs division chief in the Office of Defense Trade Controls Policy.

The Canadian Food Inspection Agency is seeking public input on proposed changes to labeling requirements in the Food and Drug Regulations (FDR) and the Safe Food for Canadians Regulations (SFCR), the agency said in notices in the Canadian Gazette, Part I. Among other things, the SFCR proposal would "provide consumers with clearer information to guide their purchasing decisions, including expanding the scope of foods with a declaration of the foreign state from where the imported food comes from, what the food contains, and for how long the food would be of optimum quality," the agency said. Canada plans to implement the labeling changes through a "phased-in transition," a CFIA news release said.