| New EPA Form 3540-1 Notice of Arrival of Pesticides and Devices (NOA) – New NOA Form Effectively Immediately – 2018 NOA Form Grace Period Extended 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. Since the official launch of CBP’s ACE system in 2016, the number of electronic NOA filings has steadily increased and the number of NOAs submitted directly to EPA using Form 3540-1 has greatly declined. NOA filings using the 3540-1 represent roughly 7% of the total number of filings. Use of the form is now almost exclusively a function of entry types for which filing cannot be accomplished through ACE. For these reasons, we anticipate the revisions to the 3540-1 will have little impact overall. While we don’t anticipate any significant disruptions will result from the transition to the new form, after considering concerns raised following its announcement, the EPA will continue to accept submissions of the old form through July 30, 2022. Importers are encouraged to make the transition to the new form sooner. It is available 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. AMS HTS Filings of Tomatoes, for Marketing Order (MO) Message Sets Currently AMS and CBP are working to fix an issue in the AMS logic in ACE, which affects the filing of Tomatoes under the various Marketing Order (MO) message sets. As a temporary fix, the severity for HTS Codes 0702.00.2080, 0702.00.2091 will be temporarily changed from a rejection to a warning. During this time please do not submit any AMS data for these HTS Codes and these HTS Codes only. The system will generate a warning if this AMS data is not provided but the entry will be accepted. All other HTS Codes subject to AMS Marketing Order filing requirements will still need the AMS data submitted. AMS will send out another CSMS message once this issue has been corrected. Thank you all for your patience as we work on our systems. Read the CSMS Here. |
| Retirement of Certain Data Universes in ACE Reports on Thursday, July 7, 2022 This message is to announce the retirement of the following data universes in ACE Reports on July 7, 2022:BondEntry SummaryIn-BondTo determine which data universe a saved report is currently using, open it, switch from “Reading” to “Design” mode, and then click on the “Edit Data Provider” button to open the query panel. On the left side of the query panel, the name of the universe is listed above the folders that contain that universe’s data elements. If the universe name matches a name on the left-hand side below, please follow the steps in the attached guide to “re-point” the report to the corresponding universe on the right-hand side of the table. Universe to be Retired New Data Universe Bond Bond NewEntry Summary Entry Summary NewIn-Bond In-Bond NewPlease send any comments or questions to ace.reports@cbp.dhs.gov Linked File: ACE Reports QRC Change Data Source.PDF Read the CSMS Here. Updated Version of the Drawback CATAIR posted on CBP.gov Please be advised that an updated version of the Drawback/TFTEA Drawback Entry Summary Create/Resubmission CATAIR has been posted on CBP.gov. The updated CATAIR is posted under the “Chapters” tab which can be found at https://www.cbp.gov/trade/ace/catair Questions related to the updated CATAIR may be sent to the OTDRAWBACK@cbp.dhs.gov email address. Read the CSMS Here. |
Register for CBP 2022 Trade Facilitation and Cargo Security Summit – July 18-20 This is a reminder that there still is space to virtually attend the 2022 Trade Facilitation and Cargo Security Summit July 18-20. Although in-person registration is full, virtual registration remains available. Click here for additional event and registration details. For questions, please email TradeEvents@cbp.dhs.gov.Read the CSMS Here. Admissibility Entry Filing for de minimis Shipment (Section 321) Products Regulated by the Food and Drug Administration (FDA) In 2017 the Food & Drug Administration (FDA) released reporting requirements for “Section 321” or “de minimis” shipments (those valued at $800 or less) via CSMS# 17-000388 – Update to Food and Drug Administration Related Low Value Shipments. Exponential growth in e-commerce, affecting both commercial and low-value shipments, has prompted Customs and Border Protection (CBP) and FDA to reinforce the requirements for de minimis entries. The interdiction of illegal, illicit and dangerous products from entering the United States, including narcotics, unapproved prescription drugs, medical devices, counterfeit products, beauty products, and high-risk food, such as infant formula, regardless of value or entry type is a top priority for both agencies.[CONTINUE ON CSMS] Read the CSMS Here. |
| Check Out This Week’s Customs Bulletin! This update includes:CBP Decisions:Extension of Import Restrictions Imposed on Certain Archaeological Artifacts and Ethnological Material From Peru General Notices: Cargo Container and Road Vehicle Certification for Transport Under Customs SealNotice of Open Public MeetingsProtest (CBP Form 19)Canadian Border Boat Landing Permit (CBP Form I–68)Holders or Containers Which Enter the United States Duty Free US Court of Appeals for the Federal Circuit: USP Holdings, Inc., Substituted for Universal Steel Products, Inc., PSK Steel Corporation, Dayton Parts, LLC, Borusan Mannesmann Pipe U.S. Inc., Jordan International Company, Plaintiffs-Appellants v. United States, Joseph R. Biden, Jr., President of the United States, Gina M. Raimondo, Secretary of Commerce, Troy Miller, Senior Official Performing the Duties of the Commissioner for U.S. Customs and Border Protection, Defendants-AppelleesUSP Holdings, Inc., Substituted for Universal SteelProducts, Inc., PSK Steel Corporation, Dayton Parts, LLC, Borusan Mannesmann Pipe U.S. Inc., Jordan International Company, Plaintiffs-Appellants v. United States, Joseph R. Biden, Jr., President of the United States, Gina M. Raimondo, Secretary of Commerce, Troy Miller, Senior Official Performing the Duties of the Commissioner for U.S. Customs and Border Protection, Defendants-Appellees Slip Opinions: Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Gulf Coast Express Pipeline, LLC, Plaintiffs, v. United States, DefendantByungmin Chae, Plaintiff, v. Janet Yellen, United States Secretary of the Treasury, Alejandro Mayorkas, United States Secretary of Homeland Security, United States Department of the Treasury, United States Department of Homeland Security, and United States, DefendantsAdee Honey Farms, et al., Plaintiffs, v. United States, et al.,DefendantsAmerican Drew, et al., Plaintiffs, v. United States, et al.,DefendantsHilex Poly Co., LLC, et al., Plaintiffs, v. United States, et al.,DefendantsGujarat Fluorochemicals Limited, Plaintiff, v. United States, Defendant, and Daikin America, Inc., Defendant-intervenor Noteworthy AIFBA.  AIFBA Back to Basics. Tomorrow! June 28 at 11 AM Register Today Annual Picnic. July 12, details coming soon! |
