March 2005             

Certifying for Release via Entry Summary on multiple Ultimate Consignee Shipments
January 10, 2005

U.S. Customs has issued a National Directive that they will no longer allow entry filers (brokers) to "certify for release via entry summary" on multiple Ultimate Consignee shipments.  This process allowed U.S. Customs Brokers to just declare the highest valued Ultimate Consignee.  U.S. Brokers have been using the process for some clients.  Customs has not put a stop to this work-around and made the new directive retroactive to January 1, 2005.

Effective immediately, each item going to each Ultimate Consignee must be declared separately to Customs.  Remember, the Customs definition of Ultimate Consignee is, "The party in the U.S. to whom the foreign company sold the imported merchandise" (meaning the buyer).  Therefore if there are multiple buyers and multiple actual consignees on a single shipment, each item for each buyer has to be transmitted separately to Customs in order for goods to be released.  Further, when the shipment shows up at the border, the physical paperwork also needs to list the actual consignees in addition to the Ultimate Consignees (buyers).

Shippers should change paperwork in reporting correct information immediately.

Also keep in mind MULTIPLE ULTIMATE CONSIGNEES
& shipment that are NOT subject to FDA-PN, each line valued at or over $2000 needs an Ultimate Consignee with a valid IRS# and each line valued under $2000 needs a consignee listed with a name and address (IRS# is optional).

Carriers, this also means separate transactions requiring separate advance cargo reporting.

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CBP Changes Policy on Remote Filing for Textile Entries
15 FEb 2005, ST&R

US Customs and Border Protection (CBP) recently issued a memorandum to its field offices (TBT-05-003) regarding remote filing for textile entries. CBP announced that, effective February 11, filers may utilize Remote Location Filing (RLF) or the Electronic Invoice Program (EIP) for Entry Type 01 textile entries if certain requirements are met. This marks a change in CBP’s policy regarding submission of textile country of origin declaration.

CBP’s regulations require that an appropriate textile country of origin declaration accompany all importations of textiles and textile products. However, CBP has found a method by which such declarations can be collected for the purpose of facilitating participation in RLF and EIP, which allow the electronic transmission of entries from a location within the US other than the port of arrival or location of examination. Specifically, RLF and EIP entries for textile merchandise must indicate in the electronic invoice transmission, through the use of certain codes, that a textile country of origin declaration is on file and is readily available to CBP upon request.

For textile entries using these new procedures, if CBP requests the paper submission of the textile country of origin declaration, the filer must provide it immediately. Failure to respond to CBP’s request may result in the discontinuation of entries being processed via RLF/EIP for that filer. CBP also warns that a pattern of making incorrect origin claims or classification determinations that result in the circumvention of a safeguard or other admissibility restraint may result in the discontinuation of entries being processed via RLF/EIP for that filer.

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U.S. Customs drops C-TPAT requirement for ACE
02 Feb 2005, CSCB

The following article is excerpted from the 2 February 2005 edition of "American Shipper".

Participation in the Customs-Trade Partnership Against Terrorism [C-TPAT] is no longer a prerequisite for importers and their brokers who want to establish an account in the Automated Commercial Environment or participate in further development tests of the new automated system for processing trade data, U.S. Customs and Border Protection said.

CBP officials first disclosed in January during the Customs Trade Symposium their intent to open the periodic monthly payment system to all importers by removing the C-TPAT requirement. Access to ACE was held out as a benefit for importers for joining C-TPAT and taking steps to follow best practices for securing their supply chains. C-TPAT participation was never a requirement for carriers who filed commercial shipping data through ACE.

Customs officials said the change was made because they want to encourage more importers to use ACE, which is designed to streamline communications between the trade and U.S. government agencies, and enhance border security.

CBP said it wants to get as many companies involved with ACE now so that the system works smoothly when the current computer system is eventually phased out and ACE becomes mandatory. Import and export entries are processed through the legacy computer on a transaction basis and all fees must be paid within 10 days after the goods are released by Customs. ACE marks a significant change in business because importers, brokers and carriers are billed and can pay duties, taxes and fees on a monthly basis.

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Stricter C-TPAT to offer prompt clearance
January 14, 2005

Importers that adhere to the very best security practices will get long-promised expedited clearance for their cargo before the end of the year, according to Robert C. Bonner, Commissioner of Customs and Border Protection.

Bonner told reporters...that his agency plans to take its Customs-Trade Partnership Against Terrorism to a higher level by offering what he called "C-TPAT-Plus" companies that have gone beyond the minimal requirements for the anti-terror program immediate clearance of cargo on arrival in the U.S.

Bonner was the keynote speaker at the agency's fifth trade symposium.

"My vision is to provide them this year with the "green lane", and that means no inspections upon arrival, immediate release, because we have validated that they in fact are using the best supply-chain practices," Bonner said.

Those practices include validated supply-chain security from the point of origin at a foreign manufacturer; the use of a "smart" container equipped with high-security seal and internal sensors to detect tampering, and shipment through a port.... that participates in Customs' Container Security Initiative.

Those steps "sufficiently removes the risk, that we are better off devoting our inspectional resources to non-C-TPAT shipments or less secure shipments," Bonner said.  He declined to predict how many containers may get the green lane treatment by the end of the year.  Importers may still have containers stopped for random inspections, or if there is tactical intelligence that a container should be inspected.

Participants in C-TPAT generally may expect to meet more demanding "security criteria," although Bonner avoided calling them standards.  The agency released a new C-TPAT Strategy, which has been derived in part from the draft standards that Customs began circulating among industry leaders last October.

However, Bonner said that the C-TPAT benefits will increase along with the government's expectations.  He said a C-TPAT company is six times less likely to have its cargo stopped for security, and four times less likely to be inspected for trade-compliance reasons than a non-C-TPAT company.

Bonner said Customs will issue C-TPAT "annual statements" to participants to show financially how companies have benefited from the program.

This article was extracted from the January 13, 2005 Edition of "The Journal of Commerce".

 

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