Rail road container

08/30/2024

Canada Industrial Relations Board (CIRB) Ends Rail Strikes

Check out this week's Customs Corner to read about the end of the Canada rail strikes, additional guidance on importing diamonds, and more.

Trade and Customs Updates

1) Canada Industrial Relations Board (CIRB) Ends Rail Strikes

The Teamsters Canada Rail Conference (TCRC), representing about 10,000 workers at CN and CPKC, had planned a strike but agreed to comply with the CIRB ruling while appealing it in federal court. Rail services were halted on August 22 due to unresolved contract negotiations between TCRC and the two railroads, but MacKinnon's directive brought the lockout to an end, allowing operations to resume. 

 

2) Additional Guidance on Non-Industrial Diamonds, Diamond Jewelry, and Unsorted Diamonds

On December 6, 2023, the G7 leaders announced phased restrictions on importing certain Russian diamonds, including those processed in third countries. Following this, President Biden issued Executive Order (E.O.) 14114 on December 22, 2023, amending a previous order (E.O. 14068) from March 11, 2022, which prohibited the importation of various Russian products, including non-industrial diamonds. The new order extends these prohibitions to products substantially transformed outside Russia but originally sourced from Russia.

 

U.S. Customs and Border Protection (CBP) began requiring certification for affected diamond imports on March 1, 2024, with importers needing to provide self-certification statements uploaded to the Automated Commercial Environment (ACE). The statements must confirm that the diamonds or diamond jewelry do not originate from Russia, or that they qualify for the exemptions under the general licenses. Further filing requirements will be communicated as needed. 

 

CSMS # 61912001 provides the filing requirements and additional information on the executive orders. 

 

3) CBP Releases FAQs for Revised ACAS Implementation Guide 

On August 21, 2024, U.S. Customs and Border Protection (CBP) released an updated version of the Air Cargo Advance Screening (ACAS) Implementation Guide on their website. To help the trade community understand the new “Enhanced ACAS Security Filing,” CBP has provided an interim FAQ document as guidance. The responses in the FAQ are for informational purposes, subject to change, and are not legally binding. 

 

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