08/23/2024
Toy Safety Requirements for Button and Coin Cell Batteries
Check out this week's Customs Corner to read about the proposed toy safety standards for batteries, ACE Updates, and more.
1) Toy Safety Requirements for Button and Coin Cell Batteries
The proposal also includes updating CPSC's list of notice of requirements (NORs) for such toys. Comments on the related Paperwork Reduction Act aspects should be submitted to the Office of Management and Budget. Submissions must include the agency name and docket number and should not contain sensitive or confidential information unless submitted according to specific instructions. The docket for this proposal is accessible online for reviewing background documents and comments.
The Federal Register provides further information on how comments should be submitted as well as the descriptions of the toys within the scope of the Rule.
2) National Organic Program (NOP) ACE Updates & Reminders
CSMS # 61723113 reminds the Trade Community that after September 19th, using the temporary code will result in adverse or additional enforcement actions. If a valid NOP-IC is not available at the time of filing, the shipment must be reclassified as conventional (non-organic) or reexported. The NOP-IC must be obtained before the shipment departs the foreign port, as it cannot be issued post-departure. U.S. importers involved in organic trade must be certified organic under new USDA regulations, and certified importers are listed in the Organic Integrity Database. Organic imports without a valid NOP-IC cannot claim certified organic status. Additionally, the AMS AM8 tariff flag will be strictly enforced with a reject severity in ACE Production, while AM7 flags will continue to be enforced with a warning severity.
3) Failed Labor Contract Negotiations for Canadian Rail System
This decision was made to ensure the safety of the rail network and surrounding communities, according to CN's statement. The negotiations continue, facilitated by Canada's Labor Ministry, but the railroads have implemented lockouts, halting operations.
With around 10,000 workers represented by the TCRC, the impact of this shutdown is significant. In response to the halted rail services, alternative logistics solutions, particularly increased truck usage, are being employed to maintain the flow of freight, especially for containerized imports and exports at the U.S.-Canadian border.
This CN link and CPKC link can be utilized to track updates.
4) CBP Air Cargo Advance Screening (ACAS) Implementation Guide Document
CSMS # 61889977 update builds upon the previous CSMS # 61821998, introducing additional optional data elements for enhancing the accuracy of shipment and party identification by U.S. Customs and Border Protection (CBP). These changes are reflected in the revised Implementation Guide (IG), which is available on the CBP website. Notably, the guide emphasizes new data elements related to Established Shipper Account and Regulated Agent data, which are intended to help CBP better identify high-risk shipments.
CBP strongly encourages service providers to promptly update their software to enable their clients to include these new data elements in their Automated Commercial Environment (ACE) filings.
Key Data Elements:
Party Contact Information:
For both the shipper and consignee, contact information should be transmitted using the appropriate records:
- Shipper Email (EML)
- Shipper Phone Number (SHP)
- Consignee Email (EML)
- Consignee Phone Number (CNE)
Shipper Account Information:
These fields provide details about the shipper's account and should be included in the appropriate records:
- Shipper Account Name (SHP or ESA if different)
- Shipper Account Issuer (ISR)
- Shipper Account Number (ACT)
- Shipper Account Type (ACP)
- Verified Known Consignor (KP)
- Shipper Account Establishment Date (EST)
- Shipper Account Billing Type (BLT)
These enhancements aim to facilitate quicker and more accurate shipment clearance by CBP, particularly in identifying high-risk cargo. It is recommended that these data elements be included in the Air Cargo Advance Screening (ACAS) filings, particularly under the "Other Party Name and Additional Information (OPI)" message element, to expedite the clearance process.
5) ACE Update to Prevent PSC Change from Non-Quota to Quota
Specifically, when a filer attempts to change a non-quota entry to a quota entry via a PSC, ACE will generate an error message: B64 - PSC ENTRY TYPE CHANGE NOT ALLOWED.
This new rule has already been deployed in the ACE Certification environment (CERT) for testing purposes and will be fully active in the production environment starting September 23. The deployment date and additional details about this enhancement can be found in the ACE Development and Deployment Schedule.
Key Points:
- Error Message: When attempting to change a non-quota entry type to a quota entry type via PSC, the system will return the error message B64.
- PSC Test Restrictions: This change is consistent with the PSC Test Federal Register Notices (81 FR 8942 and 82 FR 2385), which only permit changes between entry types 01 to 03 and 03 to 01.
- Reference Documents: For more detailed information regarding general PSC or quota policies, you can refer to the ACE Entry Summary Business Rules and Process Document and Quota Bulletin 23-128.
6) Prohibitions Against the Use of PFAS in Apparel and Outdoor Apparel for Severe Wet Conditions
Key Provisions of the Law:
1. Prohibition on Intentionally Added PFAS in Apparel (Effective January 1, 2025):
Starting January 1, 2025, it will be illegal to sell or offer for sale any new apparel in New York State that contains intentionally added PFAS. This applies to all types of apparel intended for regular wear or formal occasions, including items such as shirts, pants, dresses, undergarments, and leisurewear.
2. Prohibition on Intentionally Added PFAS in Outdoor Apparel for Severe Wet Conditions (Effective January 1, 2028):
From January 1, 2028, the prohibition will extend to outdoor apparel for severe wet conditions. These are items designed for extreme and extended use, providing protection against prolonged exposure to severe rain or immersion in water. This category includes products that are "waterproof" rather than just "water-resistant."
Definition of PFAS and Intentionally Added Chemicals:
- PFAS are defined as "a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom."
- Intentionally Added Chemical refers to any chemical added to a product that serves a specific function or technical effect, including PFAS that are intentionally added or that result from the breakdown of another chemical.
Compliance Certification:
Retailers and sellers of apparel or outdoor apparel for severe wet conditions must obtain compliance certifications from manufacturers to ensure that these items do not contain intentionally added PFAS. These certifications should be kept on-site and be available for inspection by the Department of Environmental Conservation (DEC) upon request.
Ensuring Compliance:
Retailers are advised to consult with manufacturers or suppliers well in advance of the January 1, 2025 deadline to confirm that the products they purchase do not contain intentionally added PFAS. This proactive approach will help ensure compliance with the new law.
This legislation reflects New York's commitment to reducing environmental pollution from long-lasting chemicals and protecting public health by regulating the use of PFAS in consumer products.
More information on this requirement can be found here.
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