08/09/2024
Updates to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List
Check out this week's Customs Corner to read about the new entities added to the UFLPA Entity List, Customs Broker License Exam, and more.
1) Updates to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List
This update adds six entities to the UFLPA Entity List due to their involvement with forced labor practices connected to the Xinjiang Uyghur Autonomous Region.
Three entities—Kashgar Construction Engineering (Group) Co., Ltd., Xinjiang Habahe Ashele Copper Co., Ltd., and Xinjiang Tengxiang Magnesium Products Co., Ltd.—are identified for collaborating with the Xinjiang government in forced labor activities involving Uyghurs and other persecuted groups. Additionally, three entities—Century Sunshine Group Holdings, Ltd., Rare Earth Magnesium Technology Group Holdings, Ltd., and Xinjiang Tengxiang Magnesium Products Co., Ltd.—are listed for sourcing materials, specifically magnesium, from the Xinjiang region under government programs using forced labor. These determinations were made by the U.S. government based on specific and articulable information.
2) New Deployment Date for Entry Type 86 Filing Deadlines
On August 17, 2024, U.S. Customs and Border Protection (CBP) will update the Automated Commercial Environment (ACE) to enforce the filing of Entry Type (ET) 86 transactions before or upon the arrival of cargo at the first port of entry. Timely filing is required at the first port of entry, even for shipments with permits to proceed or in-bond movements. Late filings will result in rejection and holding of the cargo until a suitable entry is made. Goods needing a Partner Government Agency (PGA) requirement cannot be released from manifest entry procedures, and CBP will prioritize Entry Type 01, 11, and ET86 transactions over manifest release requests.
This update includes electronic data interchange (EDI) changes, adding a new error code (283 – ET86 Entry Not Allowed After Arrival) in the Cargo Release Condition Codes document. This error code is currently available for testing.
Background: On January 16, 2024, CBP updated the ACE Entry Type 86 test in the Federal Register (89 Fed. Reg. 2630), changing the filing deadline from "within 15 days" of cargo arrival to "upon or prior to arrival" to align with the expedited process intended for the ACE Entry Type 86 Test. The full notice can be accessed here.
3) CBP Provides List of Unacceptable vs Acceptable Cargo Descriptions
On April 1, 2024, CBP implemented a cargo messaging that will advise an entry-filer when a vague noncompliant cargo description has been transmitted.
CSMS # 60011750 announced cargo messaging will be sent to the entry filer for vague or noncompliant descriptions. CBP has since provided a list of what they consider acceptable and unacceptable descriptions. The list can be found here.
4) UPDATE: Accelerated Payment for USMCA Drawback Claims Set for August 20, 2024
Claimants approved for AP may request AP for prospective eligible USMCA drawback claims, provided all applicable requirements are met, including the requisite bonding.
To request AP for eligible unliquidated claims currently on file with CBP, claimants must contact the filing office directly and request the claim be returned to trade control, after which the claimant will be required to resubmit the claim with the AP request.
5) New Drawback Claim Substitution Indicator for Retail Sales
The following table outlines the situations in which the new indicator will be accepted:
| Substitution Claim = Y | Direct ID Claim = Space | ||||
| Country Code | MX or CA | Any | Any, excluding MX or CA | MX or CA | Any, excluding MX or CA |
| Provision Code | 56 or 70 | Any, excluding 56 or 70 | 56 or 70 | 56 or 70 | 56 or 70 |
| Accepted? | No | No | Yes | Yes | Yes |
For technical implementation details, review the following draft implementation guides, available on cbp.gov:
- ACE Drawback Guidelines: https://www.cbp.gov/document/guidance/drawback-guidelines-v25
- ACE Drawback Error Dictionary: https://www.cbp.gov/document/guidance/ace-drawback-error-dictionary-v25
6) National Organic Program 2025 Sunset Review and Substance Renewals
The Agricultural Marketing Service (AMS) announced public meetings and webinars in 2023 to gather comments on the 2025 sunset review of certain substances on the National List of Allowed and Prohibited Substances. After reviewing recommendations from the National Organic Standards Board (NOSB), AMS decided to renew the listings of these substances until 2030. This renewal ensures continued availability of necessary substances due to the lack of organic alternatives, while prohibited substances will remain banned as they are inconsistent with organic production.
This document renews 46 of the 47 substances listed for an additional five years beyond their current sunset date of June 22, 2025. Tamarind seed gum, the 47th substance, is renewed for four years and six and a half months beyond its existing sunset date of December 7, 2025, aligning its new sunset date with the other substances.
October 2024 Customs Broker License Exam Registration
CSMS # 61667781 announces the official date of the October Customs Broker Exam. All information relating to the Exam can be found on the Customs Brokers webpage. Registration for the October 23, 2024, Customs Broker License Exam (CBLE) will open on Monday, August 12, 2024, at 12:01 a.m. ET and close on Wednesday, September 11, 2024, at 4:30 p.m. ET.
Get expert advice on customs and foreign trade, direct from our comprehensive customs brokerage and trade services teams.