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Trade Update
Relevant News for Global Trade Professionals
Published the first Wednesday of every month   June 1, 2011  
Customs

Greetings!   


Thank you for taking time from your busy day to peruse this edition of our newsletter.  It is our goal to deliver you with a concise synopsis  of important trade news from the preceding month.  As time and schedules permit, we will also publish one or two featured articles each month. 

Our readership continues to grow with every issue.  If you enjoy this newsletter please consider sharing it with your colleagues.  Simply click on the "Forward to a Friend" icon found at the bottom.    


As always, the Trade Innovations Team welcomes your ideas, questions, or suggestions.  We can be reached by e-mail at
info@tradeinnovations.com
.

 
Sincerely,

The Trade Innovations Team

 

Trade News Briefs

Trade News Briefs

CBP Releases ACE Business Rules & Process Document:
  U.S. Customs & Border Protection (CBP) recently released an internal document defining the Business Rules and Process for ACE Entry Summary.  This document was released to address the revisions in operational policies and procedures necessitated by the move to an electronic system.  For a copy of this 154-page document please follow this link:  CBP ACE Entry Summary Business Rules & Process

 

Work Resumes on Customs Re-Authorization Bill:   Both the House and Senate recently resumed worked on the Customs Re-Authorization Bill with the hopes that it can be debated and passed later this year. However, given the current political climate in Washington and a full agenda some skeptics give the Re-Authorization Bill little chance of being taken up in this Congress.  The Re-Authorization Bill seeks to address issues and correct problems within CBP.  Among the issues in the current draft of the legislation are, Drawback, C-TPAT, ACE, De Minimis and Informal Entry Limits, CBP's Organizational structure, the proposed Centers of Excellence, and Chapter 98.  For a copy of the most current public version of the Customs Re-Authorization Bill please follow this link: Customs Re-Authorization Bill   

 

Mexico Joins ATA Carnet Federation:  On May 16, 2011, the International Chamber of Commerce (ICC) welcomed Mexico into the ATA Carnet System.  A carnet is the equivalent of a passport for goods crossing international borders.  Mexico became the 71st country to allow carnets.  ATA Carnets are very useful for companies bringing samples to customers, exhibiting their work at trade fairs or transporting equipment. They also improve trade opportunities by both reducing customs procedures, and significantly minimizing costs.  For more information on ATA Carnets in Mexico please follow this link:  ICC Press Release on Mexico ATA Carnets

CBP Testifies on Anti-Dumping and Countervailing Duty Evasion:  On May 6th Assistant Commissioner for CBP's Office of International Trade Alan Gina testified before the Senate Finance Committee on Anti-Dumping (AD) and Countervailing Duties (CVD).  During his testimony Mr. Gina cited AD/CVD evasion as a significant problem faced by the agency.  He spoke about 5 common schemes that importers use to evade the lawful payment of AD/CVD duties, they are:

  • Illegal transshipment which involves the manipulation of documents and shipping logistics to disguise the true country of origin of a product. Transshipment is often built into production by design, with false markings and packaging devised to purposefully mimic legitimate production in other countries. Determining a product's country of origin through visual inspection or through verification of shipping documents can be very difficult, especially if cargo has been manipulated prior to import, completely masking the connection back to the true source country.  (More follows) 

 

To read the entire article please follow this link:  CBP Testifies on Anti-Dumping & Countervailing Duties 

 

CBP Extends ACE Survey Comment Period:  In a Federal Register Notice dated March 10th CBP proposed to conduct a survey on the Automated Commercial Environment (ACE).  ACE is CBP's new system for collecting and analyzing trade data.  CBP is seeking public comments on one of four points: 

 

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;

 

    (2) Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

 

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

 

    (4) Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological techniques or other forms of information.

 

The public comment period for the March 10th notice was 60-days.  On May 12th CBP extended that public comment period until June 17th.  For a copy of the May 12th Federal Register Notice please follow this link:  ACE Survey Federal Register Notice

 

Taking a Bite out of Organized Crime

By Kelby Woodard

Crime SceneOrganized Crime is often romanticized by Hollywood in movies such as 'Goodfellas' (a personal favorite) 'Scarface', or the 'Godfather' series.  The truth is that organized crime has an adverse affect on our companies and our economy and is anything but romantic.  Our supply chains are not immune to the billions of dollars that are lost by U.S. companies each year.  In fact global supply chains have been used as means for smuggling and as profit centers for the mafia since its inception.  The weaknesses in supply chain security that they exploit are often used as blueprints for criminal and terrorist organizations throughout the world to advance their own nefarious aspirations.  (more follows)    

 

More follows, to read the entire article or to download an Adobe copy please follow this link:    Taking a Bite out of Organized Crime

    

 



In this June Issue of Trade Update
Taking a Bite out of Organized Crime
Wisps of Wisdom - When Errors Occur
Quick Links
Wisps of Wisdom
Wisps of Wisdom    

When Errors Occur     


Let's face it, our industry has lots of moving parts and hence opportunities for errors or mistakes to be made.  So, it's not a matter of if, it's a matter of when an error occurs it's vital that you and your team have a well oiled protocol for resolving them.  The subsequent follow-up and other remedial actions taken however are just as important as fixing the problem itself.  These actions prevent the problem from perpetuating itself.  

But in order to discover the errors in the first place, you'll need a robust audit regimen.  As a general rule most importers we work with audit a random sampling minimum of 15% of their total entry volume; in some cases they audit 100%.  You must also develop excellent lines of communication with your customs broker to ensure that they are bringing errors to your attention.  It doesn't do any good for the broker to simply correct the error and move on without saying anything to the importer or supplier...in fact that's how errors become repetitive.  And if there's one thing that CBP doesn't like it's repetitive errors...it tends to make them crabby.

When an error occurs involving substantive changes to the imported goods themselves relating to tariff classification, admissibility, quantity, country of origin, or value you essentially need to do three things.  First there's the immediate triage and damage control that involves fixing the instant issue(s), especially if it's holding up a shipment.   Secondly you should quickly ascertain how much more is in the pipeline or on order and place "holds" on the shipments or make the necessary adjustments.  The third thing you'll need to do when an error is discovered is to look backwards to determine how many shipments, if any, were previously entered incorrectly.  The fact that you or your company knew about an error and then did not take affirmative steps to correct any unliquidated entries does not bode well with CBP.

If an error is caught before the entry summary is filed with CBP on the tenth working day following release, it can be easily corrected by the filer or the customs broker.  On the other hand, if the entry summary has already been filed, a Post Entry Amendment (PEA) must be prepared and filed with CBP.  Too many PEA's may be indicative to CBP that the importer doesn't not have adequate internal controls and as a result trigger an audit.  Additionally, while the error may not be caught by the importer in their post entry audit, it might be discovered by CBP in their post-entry review.  This may result in a Request for Information (CF-28) or a Notice of Action (CF-29). 

 

 
TRG Classify Logo


Web Based HTS Tool

 

Trade Innovations and our sister company TRG Direct are pleased to announce and introduce a new web-based tool for classifying goods in the Harmonized Tariff Schedules.  TRG Classify delivers a 10-digit HTS number to you quickly and accurately by walking you through a step-by-step identification process.  The logic in this sophisticated tool is based on the General Rules of Interpretation.  TRG Classify is offering free webinar demos of this state-of-the-art system.  For further information please visit the TRG Classify web site following the link below.

 

Click here to visit the TRG Classify web site 

 

Be sure to visit TRG Classify at the upcoming ICPA Annual Conference in Phoenix, AZ. 

TRG Direct
Importer Security Filing (ISF) Made Easy
Often called "Turbo-Tax" for importers, TRG Direct's best-in-class ISF and direct-filing application is extremely intuitive and very easy to use.    Leveraging all of the system functionality you can literally file your ISF's in a matter of seconds.  TRG Direct's web based system is very versatile and allows multiple users.  No permits or licenses are required and any importer can file their ISF's directly with CBP; and your ISF data can now flow directly to a customs entry.
 
TRG Direct's pricing can save your company up to 90% off current market rates.  TRG Direct accepts both XML feeds and Excel uploads to expedite the filing process even more. 


 
Contact TRG Direct today for a free demonstration of the system.  
 
Click here to visit the TRG Direct web site   

Smart, Simple, Direct. 
 

Compliance or Supply Chain Diagnostic

A one or two day on-site review will yield big results
Audit Checklist

Trade Innovations is a world-class leader in providing those companies engaged in global trade with hard-hitting actionable advice to manage and otherwise control  global trade programs.  In addition to providing a "qualified second opinion" our thought leadership has been responsible for saving companies millions of dollars.  Trade Innovations provides advice on a wide variety of supply chain, customs compliance and export compliance matters; this includes assisting companies achieve C-TPAT or ISA status.

 

To inquire about or schedule your compliance or supply chain diagnostic please e-mail us at Trade Innovations E-Mail Request.      

 

Click here to visit our web site:  Trade Innovations Web Site