12/19/2024
CPSC Approves Final Rule to Implement eFiling for Certificates of Compliance
Check out this week’s Customs Corner to read about approval to implement efiling for certificates of compliance, the immediate delivery - end of year authorization, and more.
Trade and Customs Updates
1) CPSC Approves Final Rule to Implement eFiling for Certificates of Compliance
The U.S. Consumer Product Safety Commission (CPSC) has approved a rule to implement electronic filing (eFiling) for Certificate of Compliance data for regulated consumer products.
On December 18, 2024, CPSC announced the approved rule mandating electronic filing (eFiling) of Certificate of Compliance data for regulated consumer products. The rule, passed with a 3-0-2 vote, extends the general implementation timeline to 18 months from the date of publication within the Federal Register and 24 months for products imported through Foreign Trade Zones (FTZ).
Importers must electronically file specific data, including product identification, compliance certification details, manufacturing/testing dates and locations, and contact information for record keepers. This applies to all regulated imports, including small shipments (de minimis).:
The eFiling initiative reflects a significant modernization of CPSC’s port-of-entry screening processes to ensure the safety of imported products.
CPSC is inviting up to 2,000 additional importers to sign up for the eFiling voluntary stage to develop and test their systems before eFiling becomes mandatory.
2) Immediate Delivery – End of Year Authorization
U.S. Customs and Border Protection (CBP) has issued guidance on Immediate Delivery (ID) procedures for merchandise released from December 17, 2024, through December 31, 2024, under 19 CFR § 142.21(i).
CSMS # 63419911 outlines the procedures which allows filers to benefit from interim Harmonized Tariff Schedule (HTS) changes effective January 1, 2025.
The authorization excludes absolute quota merchandise and in-bond shipments. Tariff rate quota merchandise may still be released under ID, but entry summary deadlines remain based on 19 CFR § 142.23 or the quota period, whichever is sooner.
The entry filing must occur within 15 days of the merchandise's arrival, per 19 CFR § 142.2(a). The entry summary filing is required within 10 working days of release, with estimated duties attached, as per 19 CFR § 142.23. The entry summary date serves as the date of entry for duty calculation under 19 CFR § 141.68(c).
Filers requesting ID electronically must mark the ‘Immediate Delivery Indicator’ as ‘Y’ in the SE11 record.
Manual processing, including the use of paper CBP Form 3461 for non-ABI (Automated Broker Interface) filings, remains available.
3) Inspection and Certification of Establishments, Fishery Products, and Other Marine Ingredients
The NMFS Office of International Affairs, Trade, and Commerce is updating its seafood inspection regulations, last significantly revised in 1971, to improve uniformity, reliability, and accuracy by adopting best practices.
The voluntary Seafood Inspection Program (SIP), administered under the Agricultural Marketing Act of 1946 and the Reorganization Plan of 1970, provides inspection, grading, and consultation services for seafood and marine products, both domestically and internationally. The updated regulations reflect changes in industry practices and SIP’s expanded role. Following a proposed rulemaking in April 2024 and a 30-day comment period, during which six public comments were received and addressed, NMFS finalized the revisions to streamline services and enhance inspection outcomes.
The Final Rule, which is effective as of January 15, 2025 can be found here.
4) Seafood Import Procedures and Certificate of Admissibility
The National Marine Fisheries Service (NMFS) proposes revising regulations to enable electronic filing of data from the Certification of Admissibility (COA) form, which allows certain fish or fish products otherwise subject to trade restrictions under the Marine Mammal Protection Act (MMPA), the High Seas Driftnet Fishing Moratorium Protection Act, or the Atlantic Tunas Convention Act (ATCA) to be imported.
The Notice confirms the proposal aims to streamline and standardize COA-related processes across these statutes, ensuring consistent requirements while facilitating trade compliance.
Key components of the proposed rule include:
- Electronic Filing: Transitioning from paper COA forms to electronic submission through the Automated Commercial Environment (ACE) portal.
- Consolidation of Requirements: Establishing uniform COA-related rules under a new subpart S of 50 CFR part 300, consolidating permit, reporting, recordkeeping, and filing requirements across MMPA, Moratorium Protection Act, and ATCA programs.
- COA Validation and Use: Nations may use their own catch documentation if deemed equivalent to NMFS' COA. COAs must certify that fish products meet U.S. standards and are not subject to import prohibitions.
- Expanded Monitoring: NMFS will collaborate with U.S. Customs and Border Protection (CBP) to validate COA data and enforce trade restrictions, including documentation for restricted fish products.
The rule outlines flexibility for aggregate reporting, particularly for small-scale fishing operations, and emphasizes the importance of accurate, certified documentation to ensure compliance. The changes aim to enhance efficiency in monitoring trade restrictions while maintaining adherence to environmental and international fisheries laws.
CSMS # 63428035 confirms written comments must be received on or before February 18, 2025.
5) Proposed Tariff Increases on Tungsten and Solar-Related Products
The USTR has announced additional increases to the Section 301 increases due to take effect January 1, 2025.
Tungsten Subheadings:
In alignment with the President's directive to raise tariffs on critical minerals to 25%, the U.S. Trade Representative has proposed a 25% tariff increase on the following tungsten product subheadings:
- 8101.94.00: Unwrought tungsten, including bars and rods obtained by sintering.
- 8101.99.10: Tungsten bars, rods, profiles, plates, sheets, strips, and foil (excluding sintered products).
- 8101.99.80: Miscellaneous tungsten articles (nesoi).
Polysilicon and Wafer Subheadings:
Consistent with the President's directive to increase tariffs on solar cells to 50%, the U.S. Trade Representative proposed a 50% tariff on the following subheadings related to polysilicon and electronic wafers:
- 2804.61.00: Silicon with a purity of 99.99% or higher.
- 3818.00.00: Chemically doped elements and compounds used in electronics, including discs and wafers.
The full Notice can be found here.
6) Wood Packaging Material (WPM) Compliance Checklist
U.S. Customs and Border Protection (CBP), in collaboration with the Animal and Plant Health Inspection Service (APHIS) through the Joint Agency Task Force, has developed a Wood Packaging Material (WPM) Checklist.
U.S. Customs and Border Protection (CBP), in collaboration with the Animal and Plant Health Inspection Service (APHIS) through the Joint Agency Task Force, has developed a Wood Packaging Material (WPM) Checklist. This resource is designed to guide foreign exporters and shippers in ensuring compliance with U.S. WPM importation standards.
The checklist aims to help stakeholders and their supply chains inspect WPM for compliance before shipment, prevent delays or rejection of shipments at U.S. ports and support adherence to import standards, avoiding penalties or shipment rejections.
Exporters should refer to the checklist to thoroughly inspect shipments prior to export. The list will assist in confirming that all WPM (e.g., pallets, crates, dunnage) meet International Standards for Phytosanitary Measures No. 15 (ISPM 15) requirements and will assist in ensuring proper marking and treatment of WPM to comply with U.S. regulations.
CBP asks importers and exporters to visit the Wood Packaging Materials page to access to the checklist and additional details about WPM compliance standards. Sharing this checklist within the supply chain is strongly encouraged to facilitate smooth entry into the United States.
7) Periodic Monthly Statement (PMS) Dates for 2025
CBP has published the Periodic Monthly Statements for 2025.
CSMS # 63430997 confirms filers who are approved to participate in Periodic Monthly Statement (PMS) can pay duties for shipments entered or released during the previous calendar month. See table below for 2025 dates.
8) 2025 Quota Opening
Customs have published numerous CSMS as well as an update to their Quota page announcing dates and additional information on all 2025 Quota Bulletins.
CSMS # 63446800 - Guidance: QB 25-211 2025 Peanut Butter and Paste
CSMS # 63446479 - Guidance: QB 25-218 Infant Formula
CSMS # 63446148 - Guidance: QB 25-216 Chocolate
CSMS # 63446056 - Guidance: QB 25-217 Chocolate Crumb
CSMS # 63446239 - Guidance: QB 25-201 2025 Beef
CSMS # 63443965 - Information: January 2, 2025, Quota Opening - QB 25-212 2025 Tuna Opening Moment
CSMS # 63442560 - Information: QB 25-701 2025 Aluminum Absolute Quota First Quarter Argentina
Additional Quota Bulletins can be found on the CBP Quota webpage.
9) FDA Supplemental Guide Draft 2.5.12 – Intended Use Codes
The FDA has released Draft Version 2.5.12 of its Supplemental Guide (SG) in the "Draft Chapters: Future Capabilities" section of CBP.gov.
This draft introduces changes to Customs and Border Protection’s Automated Commercial Environment (ACE) system, with implementation in the CERTIFICATION environment by December 16, 2024, and in PRODUCTION no earlier than February 1, 2025. A confirmation of the production date will be sent via a CSMS.
Mandatory Intended Use Codes (IUCs) for compliance with 21 CFR 1.72:
- Cosmetics (COS)
- Ceramicware and other food contact substances (FOO/CCW)
- Pharmaceutical Necessities and Ingredients (DRU/PHN)
- Veterinary Medical Devices (VME/ADE)
New and Revised IUCs:
- IUC 110.000 for Human Drugs (prescription and over-the-counter).
- IUC 170.000 for Medical Devices, with the removal of Affirmation of Compliance "IFE."
Validation Improvement:
- Optional IUCs for human and animal foods (excluding CCW) will be restricted to align with the FDA Supplemental Guide.
10) EPA to Ban Import and Manufacture of Chemical Solvent Trichloroethylene
The U.S. Environmental Protection Agency (EPA) has announced plans to ban the importation and manufacture of trichloroethylene (TCE), a chemical solvent widely used in industrial applications.
The final rule was published on December 17, 2024. This decision aligns with the EPA's commitment to protecting public health and the environment due to TCE's potential to cause significant health risks, including cancer, liver damage, and neurological effects. The ban reflects growing efforts to reduce exposure to hazardous substances and promote the use of safer alternatives in manufacturing and other industries.
TCE is used as a solvent in products including cleaning and furniture care products, sealants, adhesives, paints, and coatings. The final rule sets recordkeeping requirements beginning February 18, 2025, for manufacturers, distributors, processors, and industrial and commercial users to maintain business records such as invoices and bills of lading that demonstrate compliance with the regulations. The records must be maintained 5 years from the date that a record is generated. “Manufacture” as defined by TSCA includes “to import into the customs territory of the United States”.
Importers must also provide downstream notification of prohibitions through safety data sheets.
Most uses of TCE will be banned within one year, but there are cases where EPA could grand exceptions:
- A critical or essential use for which no technically and economically feasible safer alternative is available
- A situation where compliance with the requirement would significantly disrupt the national economy, national security or critical infrastructure
- A situation where the specific condition of use, when compared with reasonably available alternatives, provides a substantial benefit to health, the environment, or public safety.
WEBINAR: CBP Continuing Education
CBP has announced the Licensed Customs Broker Continuing Education – the Requirement is Here! Webinar.
Wednesday January 22, 2025, 2:00 PM EST
The webinar will provide an overview of the new requirements for continuing education and the opportunities to earn credits. Sign up here
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.
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