12/05/2024

CBP Announces Detention on Imports of Aluminum Goods From Kingtom Aluminio

Check out this week's Customs Corner to read about the detention on imports of aluminum goods from Kingtom Aluminio, how the FSIS / FDA are seeking comments on food date labelling, and more.

Trade and Customs Updates

1) CBP Announces Detention on Imports of Aluminum Goods From Kingtom Aluminio 

CBP has determined that aluminum extrusions, profile products, and derivates produced or manufactured wholly or in part by Kingtom Aluminio S.R.L. are in violation of forced labor laws. 

 

The U.S. Customs and Border Protection (CBP), with the approval of the Secretary of Homeland Security, has issued a Finding that Kingtom Aluminio S.R.L., a factory in the Dominican Republic, uses convict, forced, or indentured labor to produce aluminum extrusions, profile products, and derivatives. Any imports of these products will be detained beginning December 4, 2024.  

 

The Finding applies to aluminum and related articles classified under 7604.21.0010, 7604.29.1010, 7604.29.3060, 7604.29.5050, 7604.29.5090, 7608.20.0090, 7610.90.0080 and any other relevant subheadings under Chapter 76. This decision follows an investigation that provided sufficient evidence of labor violations. The Secretary of Homeland Security has reviewed and approved the action. 

 

 

2) FSIS and FDA Seek Comments on Food Date Labelling

The FSIS and FDA are seeking public input on food date labeling to address consumer confusion, reduce food waste, and inform future policies.

 

The agencies jointly regulate food labeling to ensure it is truthful and non-misleading, with FSIS overseeing most meat, poultry, and egg products, and FDA regulating other food categories, including dairy, produce, and seafood. While federal regulations allow the voluntary use of various date labels, FSIS and FDA recommend the standardized use of “Best if Used By” to reduce confusion and waste. 

 

This Request for Information focuses on:  

  1. Industry Practices: Gathering insights into current practices, barriers to standardization, and the use of phrases like "Sell By," "Use By," and "Best By." 
  2. Consumer Perceptions: Examining how consumers interpret date labels and how labeling impacts food waste. 
  3. Impact on Food Waste: Assessing how labeling practices influence premature food disposal. 

 

The initiative aligns with the National Strategy for Reducing Food Loss and Waste, which aims to halve food waste by 2030. Wasted food, the largest category in landfills, contributes to environmental and social challenges, underscoring the importance of collaboration across all sectors. Feedback from stakeholders will guide policy, education, and potential standardization efforts. 

FSIS invites interested persons to submit information. Submit comments on or before February 3, 2025 by one of the following methods: 

  • Federal eRulemaking Portal: This website allows commenters to type short comments directly into the comment field on the web page or to attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the online instructions at that site for submitting comments.  
  • Mail: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.  
  • Hand- or Courier-Delivered Submittals: Deliver to 1400 Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, Washington, DC 20250-3700.  

 

Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS-2024-0021. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to https://www.regulations.gov. 

 

More information can be found in the Federal Register. 

 

3) Mandatory Prompt for Company ID in ACE Reports

U.S. Customs and Border Protection (CBP) will require trade community users to specify the subject company when running or scheduling reports in the Automated Commercial Environment (ACE) Reports.

 

CSMS # 63259978 confirms this update addresses a data security vulnerability and improves functionality for users managing multiple accounts. Users must update all scheduled reports after the change to prevent them from failing. 

 

The update applies to the following ACE report universes starting December 4, 2024: 

  • Automated Export System (AES) 
  • Cargo Release 
  • Entry Summary 

4) Update to HTS Includes Flags to Phase VII of the Lacey Act Provisions

Harmonized System Update (HSU) 2419, created on November 29, 2024, includes updates to 1,487 harmonized tariff records and 6,479 ABI records.

 

Key changes to the updated HTS include (1) addition of the AL1 tariff flag for Phase VII of the Lacey Act provisions, covering specific imported plant and wood products, effective December 1, 2024, and (2) completion of updates to 1,700 HTS codes to remove the AM7 flag, a process that began on October 18, 2024. 

 

The link to the updated HTS can be found here: Harmonized Tariff Schedule. 

5) ISF Inbox Retirement

CBP is retiring the current email address inbox for ISF inquiries.  

 

CSMS # 63192449 announces that CBP is retiring the [email protected] inbox for ISF inquiries. Please reference the ISF FAQ 2.0 for any questions, or contact [email protected] for any ISF regulation or policy related issues not answered by the FAQ. 

6) CFIA: Export of food containing egg ingredients to the United States from Canada

As per the CFIA food export requirements library, during an active outbreak of highly pathogenic avian influenza (HPAI) in Canada, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) requires all refrigerated and/or frozen food products containing egg ingredients exported to the US to have a USDA import permit and a manufacturer’s declaration. 

 

As per the food export requirements library, during an active outbreak of highly pathogenic avian influenza (HPAI) in Canada, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) requires all refrigerated and/or frozen food products containing egg ingredients exported to the US to have an import permit and a manufacturer’s declaration.  

 

While a company awaits issuance of an import permit by APHIS, as a transitional measure, the CFIA will continue to issue certificates as required and upon request. Should a certificate be required, please use the revised health certificate for export of food products containing egg ingredients to the US (CFIA/ACIA FA1002). Inspectors are advised to cross out any attestations that do not apply to the egg ingredients in the exported product.

 

Please list any additional ingredients of animal origin (for example, meat, dairy) within the “Additional Information” section of the certificate. Inspectors may request additional documentation such as the list of ingredients to verify that the product contains the

specific ingredients listed in this section.

 

United States of America - Export requirements for edible food products containing processed egg ingredients - inspection.canada.ca 

EVENT: CBP’s Trade Facilitation and Cargo Security Summit 

May 6 - 8, 2025 | Hilton New Orleans Riverside, Two Poydras St, New Orleans, LA 70130


This event will be hosted in person and webcasted. Event and registration details will be available soon and posted to the TFCS Summit web page. Click here for more information.

Get expert advice on customs and foreign trade, direct from our comprehensive customs brokerage and trade services teams.