CBP CROSS Rulings

A group of 31 House lawmakers, led by Rep. Haley Stevens, D-Mich., and Rep. Jackie Walorski, R-Ind., is asking the U.S. trade representative to delay the switch-over to the U.S.-Mexico-Canada Agreement auto rules of origin (ROO), even as the USMCA takes over from NAFTA. The group's letter, sent April 10, said the delay “is necessary to allow the auto industry an appropriate adjustment period and account for delays caused by the COVID-19 pandemic. Alternatively, we ask that you seriously consider other accommodations or flexibilities that will allow the automotive sector to avoid being penalized by the new requirements upon the agreement’s entry into force.”

Recently announced restrictions on exports of personal protective equipment (PPE) only apply to commercial shipments, and exports to Canada and Mexico are exempt from the policy, said CBP in a memo dated April 9. The National Customs Brokers and Forwarders Association of America included the memo in an April 9 email on COVID-19 developments.

A “Transfer of Non-Repairable Vehicle to a Demolisher” certificate issued by the District of Columbia, along with a bill of sale, is enough to prove eligibility for export of a used car through the Port of Baltimore, CBP said in a recent customs ruling. Though the exporter did not provide a title for the vehicle, the documents provided “are sufficient to show that the requestor has ownership of the subject vehicle,” CBP said in HQ H308498.

Agricultural exporters and shippers are losing “hundreds of millions of dollars” due to shipping uncertainty and cargo detention penalties caused by the response to the coronavirus pandemic, said Peter Friedmann, executive director of the Agriculture Transportation Coalition. Friedmann was critical of the Federal Maritime Commission, which has yet to finalize a proposed rule issued last year that would provide guidance about how the FMC assesses the fairness of demurrage and detention practices. The rule’s public comment period ended in October.

The Canadian Parliament is moving the successor to NAFTA along, so that a March ratification vote is still looking likely, news from Canada says. While the U.S.-Mexico-Canada Agreement will be reviewed by the agriculture, natural resources and industry/science/technology committees, not just the trade committee, the other committees only have until Feb. 25 for that review, a report from ipolitics said.

Sandler Travis hired Elizabeth Chiavetta, previously “director of audit policy at U.S. Customs and Border Protection, where she oversaw three branches within Regulatory Audit’s Audit Policy Division,” to the firm's auditing team, it said in a news release. Sandler Travis also added David Thomas, previously chairman of Trade for America and vice president for trade policy at Business Roundtable, as a member of the firm, it said. “As an attorney and lobbyist, David Thomas will advise and represent clients on international trade issues before Congress and the Executive Branch as well as assist on issues related to customs rules, policies, and procedures,” the firm said.

Export Compliance Daily is providing readers with some of the top stories for Dec. 30 - Jan. 3 in case you missed them.

Export Compliance Daily is providing readers with some of the top stories for 2019 in case they were missed.

Automated Export System and Electronic Export Information filings are not yet considered proof of exportation for drawback purposes, according to a Dec. 9 alert from the National Customs Brokers & Forwarders Association of America. NCBFAA said it received the “advice” from CBP after “many inquiries and some confusion” about proof of export rules.

An Iranian businessman was sentenced to 46 months in prison for illegally exporting carbon fiber from the U.S. to Iran, the Justice Department said Nov. 14. Behzad Pourghannad worked with two others between 2008 and 2013 to export the carbon fiber to Iran from third countries using falsified documents and front companies, the agency said.