CBP’s Uyghur Forced Labor Prevention Act Importer Guidance Available
The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021.It establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities on the Forced Labor Enforcement Task Force (FLETF) Entity List, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. The presumption applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has fully complied with the FLETF-issued importer guidance, responded to all inquiries, and determines by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor. CBP has released importer guidance to assist the trade community in preparing for the implementation of the UFLPA rebuttable presumption that goes into effect on June 21, 2022. Please be aware that this CBP guidance document is intended to provide operational guidance to trade stakeholders and complements the UFLPA strategy guidance. Importer must comply with the importer guidance within UFLPA strategy. UFLPA, Section 3(b).  Please frequently check CBP’s UFLPA webpage for the latest information on the UFLPA and send inquiries to the inbox.

Read the CSMS Here.

New EPA Form 3540-1 Notice of Arrival of Pesticides and Devices (NOA). New NOA Form Effectively Immediately.The purpose of this message is to inform the trade community a new EPA Form 3540-1 has been approved by OMB. The new form provides clarity for some of the data elements and the instruction section of the form. There are no new data elements on the form. The new form has been uploaded to EPA’s website and disseminated to the EPA regions for use. EPA will continue to receive submissions of the old form through Friday, June 17, 2022. After June 17, 2022, the old form will be obsolete and EPA import specialist will return the old form to the importer (or their authorized agent) with a copy or web link to the new form. The new EPA Form 3540-1 can be found at (https://www.epa.gov/compliance/epa-form-3540-1-notice-arrival-pesticides-and-devices).  Important Note: If you’re filing the EPA NOA electronically through ACE (PGA Message Set), this paper NOA form (EPA Form 3540-1) does not apply.

Read the CSMS Here.
2022 Tuna Quota Proration
A notice entitled “Tuna – Tariff Rate Quota” published in the Federal Register on June 14, 2022 announced the 2022 restraint limit for tuna. The quota restraint limit for 2022 is 14,672,350 kilograms. The quota on tuna did not oversubscribe at opening moment on January 3, 2022. All successful entry summaries and/or warehouse withdrawals of tuna presented with a presentation date of 12 am (midnight) January 3, 2022 onward will be granted 100 % proration of the quantity presented on a first come first served basis based on quota presentation date. The entry that filled and surpassed the quota limit will be prorated according to 19 CFR 132.   All entry summaries and/or warehouse withdrawals receiving the quota proration will be receive 100% of the presented quantity and shall be liquidated at the in-quota (low) rate (HTS 1604.14.22/6%) until the quota limit is met. Quantities should be rounded to the nearest whole number as appropriate. Any entry summaries and/or warehouse withdrawals presented after the final prorated entry shall be liquidated at the high rate (HTS 1604.14.30/12.5%).

For more information Please see the Quota bulletin at: https://www.federalregister.gov/documents/2022/06/14/2022-12723/tuna-tariff-rate-quota-for-calendar-year-2022-tuna-classifiable-under-subheading-16041422-harmonized

Read the CSMS Here.

Reminder-CBP Middleware MQIPT Update
The CBP Middleware MQ team is updating the PROD (QGP2) MQIPT certificate on Friday, June 17, 2022, at 7am EST. This change has already been successfully implemented in QAX (QGQ1) and CERT (QGC1). If your company connects to CBP via MQIPT and has recently received an updated keystore from the CBP Middleware MQ team, it must be implemented and connectivity verified prior to Friday, June 17. Failure to implement before the specified date will break your connectivity to CBP. Additionally, the updated keystore includes new certificates that are required for connectivity. MQIPT connectivity via CBP is currently only available via MQ Client. If your company has its own queue manager, then MQ Server is used, and your company is not impacted by this change.  If your company uses MQ Client in conjunction with a MQIPT configuration (which includes certificates and keystore) and you still have questions, please contact the CBP Middleware MQ team. The CBP Middleware MQ team has validated that all Trade Partners that connect via MQIPT were sent an updated keystore that is required per this update. If you have any questions, please contact the CBP Middleware MQ team via email at MQSTAFFOPS@cbp.dhs.gov.

Read the CSMS Here.
REMINDER: ACE Truck Manifest Modernization – Next Deployment Set for June 26
On January 30, 2022, U.S. Customs and Border Protection (CBP) began the multi-release deployment of Enhancements to ACE Truck Manifest – Phase 2, also known as ACE Truck Manifest Modernization (TMM). The following deployments are complete: Brownsville, TX – January 31, 2022 Buffalo, NY – March 13, 2022 Laredo, TX – April 24, 2022 Detroit, MI – May 15, 2022 Remaining southern border ports – June 5, 2022 The schedule below reflects the remaining deployment schedule for Phase 2 of TMM: June 26, 2022 – All remaining northern border ports  July 10, 2022 – Retire legacy truck manifest application (R4) Enhancements to ACE Truck Manifest – Phase 2 is focused on enhancing the CBP user interface (UI) for the primary and secondary processing of truck manifests. As part of this deployment, previously relaxed validations in the legacy truck manifest application are now supported in TMM and may result in errors for some trade users. To prepare for the upcoming deployments and avoid potential errors, please review the validations as documented in the Truck Manifest X.12 – 309 and EDIFACT CUSCAR EDI implementation guides found at https://www.cbp.gov/trade/automated/technical/ace-import-manifest-documentation. For additional information, please review CSMS #51405084.  In addition, CBP is preparing for the deployment of Enhancements to ACE Truck Manifest – Phase 3, which will finalize the modernization of ACE truck manifest functionality and will complete all backend services used for EDI processing.  Implementing the capabilities developed in Phase 2, deployment of Phase 3 enhancements will provide trade users with new messaging regarding modifications to Crew, Vehicle, Cargo and Seals. The Phase 3 deployment is currently set for July 11, 2022. More information on Phase 3 enhancements is available in the ACE Truck Manifest: Draft Chapters for Future Use implementation guides found on CBP.gov.  

For questions about TMM and the upcoming deployments, please contact ASKACE@cbp.dhs.gov. For issues with truck manifest EDI functionality, please contact your client representative. 

Read the CSMS Here.

Updated Draft FTZ CATAIR chapter
The Draft FTZ CATAIR chapter for future capabilities is now available on cbp.gov. The update includes updated FT40 and FZ10 records along with updated supporting information in the appendix. 

The document can be found at the following link: ACE Automated Broker Interface (ABI) CBP and Trade Automated Interface Requirements (CATAIR) | U.S. Customs and Border Protection

Read the CSMS Here.
Check Out This Week’s Customs Bulletin! 

This update includes:
General Notices
Trusted Traveler Programs and U.S. APEC Business Travel CardShip’s Stores Declaration Proposed Revocation of Three Ruling Letters and Revocation of Treatment Relating to the Tariff Classification of Hot & Cold Water Dispensers Modification of a Ruling Letter and Revocation of Treatment Relating to the Tariff Classification of Polyetheretherketone PowderDistribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers

Slip Opinions Zhejiang Junyue Standard Part Co., Ltd., Plaintiff, and Ningbo Zhongjiang High Strength Bolts Co., Ltd., Plaintiff-Intervenor, v. United States, Defendant, and Vulcan Threaded Products, Inc., Defendant-IntervenorCelik Halat ve Tel Sanayi A.S., Plaintiff, v. United States, Defendant, and Insteel Wire Products Company, Sumiden Wire Products Corporation, and Wire Mesh Corp., Defendant-IntervenorsCelik Halat ve Tel Sanayi A.S., Plaintiff, v. United States, Defendant, and Insteel Wire Products Company, Sumiden Wire Products Corporation, and Wire Mesh Corp., Defendant-IntervenorsBuilding Systems de Mexico, S.A. de C.V., Plaintiff, v. United States, Defendant, and Full Member Subgroup of the American Institute of Steel Construction, LLC and Corey S.A. de C.V., Defendant-Intervenors

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