FDA Email Validation Deployment, 8/08/2022
The Food and Drug Administration (FDA) continues to receive email addresses with an invalid syntax for the FSV entity. On August 8, 2022, this logic will be tweaked to help ensure FDA receives an email with a valid syntax. Refer to PG21 in FDA’s ACE Supplemental Guide for examples of valid and invalid email addresses. If an invalid syntax is received filers will receive the following status codes and should review the email address transmitted for the FSV entity: Status Code: 04 Data rejected per PGA review Reason Code: 14 Data rejected per PGA review Subreason Code: 197 Invalid format for mandatory email requirement For questions regarding this reject or FDA ACE technical inquiries, contact FDA ACE Support, ACE_Support@fda.hhs.gov. ACE Support Hours: Monday – Friday, 8:00 AM – 8:00 PM.

Read the CSMS Here.

Harmonized System Update (HSU) 2221 created on August 2, 2022Harmonized System Update (HSU) 2221 was created on August 2, 2022 and contains 58 ABI records and 13 Harmonized Tariff Records.Adjustments required by the verification of the 2022 Harmonized Tariff Schedule (HTS) are included. Questions or concerns should be directed to Entry Summary, Accounts & Revenue Division (ESAR) at esar@cbp.dhs.gov.  Additionally, HSU 2221 is in support of the PGA Message Set, Participating Government Agency (PGA), indicators for FDA, FWS, and AMS were updated. Questions or concerns should be directed to Agricultural Marketing Service (AMS) at AMSAdministratorOffice@usda.gov.Read the CSMS Here.
INFORMATION: Aug 8 Quota opening: Large Residential Washing Machines 2022 Period 3
In alignment with Presidential Proclamation 9693 under Section 201 of the Trade Act of 1974, be reminded that the 2022 quota year providing for tariff rate quota (TRQ) for large residential washing machines and covered parts opened on February 7, 2022.In alignment with Presidential Proclamation 9979 of January 23, 2020: Quantitative limitations applicable to imports of large residential washers under HTS subheadings 8450.11.00 and 8450.20.00 are limited on a quarterly basis. In alignment with Presidential Proclamation 10133 of January 14, 2021 the trade remedy measures on large residential washers and covered parts are extended through February 7, 2023 and quota limits and duty rates are specified for the additional years. Large residential washers are limited on a quarterly basis: Period 3: August 8, 2022 to November 7, 2022 – 300,000 units without rollover Period 4: November 8, 2022 to February 7, 2023 – 300,000 units without rollover All entries submitted prior to 8:30 am ET and on August 8, 2022 will be counted in the first opening at 8:30 am ET Monday, August 8. If the accepted entry totals submitted prior to the first opening exceed the limit they will be prorated. Please refer to Quota Bulletin QB 22-505 Large Residential Washers and Covered Parts 2022 (https://www.cbp.gov/trade/quota/bulletins/qb-22-505-large-residential-washers-and-covered-parts-2022) which address tariff rates and quantity thresholds for February 8, 2022 to February 7, 2023.

Read the CSMS Here.

GUIDANCE: Reminder on Filing Entries of Steel and Aluminum Imports Subject to General Approved ExclusionsReminder: For imports from countries subject to Section 232 duties on steel and aluminum imports, when filing an entry of a steel or aluminum import under a Harmonized Tariff Schedule (HTS) classification subject to Section 232 General Approved Exclusions (GAEs), report the applicable Chapter 72, 73, or 76 HTS classification. Do not file the Section 232 Chapter 99 HTS classification for the Section 232 duties.For imports from countries subject to Section 232 quotas, consult the quota bulletin for the respective country of origin at Quota Bulletins | U.S. Customs and Border Protection (cbp.gov) for the GAE filing requirements.BACKGROUND:On December 14, 2020, and December 9, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published Federal Register (FR) Notices (85 FR 81060 and 86 FR 70003) issuing General Approved Exclusions to the Section 232 steel and aluminum measures excluding entire Harmonized Tariff Schedule classifications from Section 232 measures. The exclusions were effective for articles entered for consumption, or withdrawn from warehouse for consumption, on or after December 29, 2020. The December 9, 2021 FR Notice revoked 30 GAEs, 26 of which apply to steel products, and 4 of which apply to aluminum products, effective December 27, 2021.As of December 27, 2021, the following Harmonized Tariff Schedule classifications are completely excluded from Section 232 measures:STEEL:7208380015; 7209270000; 7209900000; 7210706030; 7211140090; 7211234500; 7211296080; 7212600000; 7213200080; 7213913020; 7215500090; 7216100010; 7216330090; 7217104045; 7217104090; 7217106000; 7217108025; 7217108060; 7217201500; 7217204550; 7217905030; 7217905060; 7217905090; 7218910030; 7219110030; 7219110060; 7219120021; 7219120026; 7219120051; 7219120071; 7219120081; 7219130081; 7219220005; 7219220035; 7219310010; 7219900060; 7220121000; 7220125000; 7220206060; 7220206080; 7220207060; 7220208000; 7222403045; 7222403085; 7222406000; 7223005000; 7224100005; 7225506000; 7226923030; 7226923060; 7226928005; 7226990110; 7227200030; 7227906020; 7229905016; 7229905031; 7302101045; 7302105020; 7304243010; 7304243020; 7304243040; 7304244040; 7304244060; 7304246030; 7304390002; 7304390016; 7304413005; 7304592030; 7304592080; 7304598010; 7304598045; 7304598060; 7304901000; 7304905000; 7305316090; 7305391000; 7306213000; 7306401090; 7306617060; 7306695000; 7306697060; 7306901000ALUMINUM:7601209080; 7604210010; 7604291010; 7604295090; 7605290000; 7606116000; 7607116010; 7607191000; 7607196000; 7607201000; 7609000000ADDITIONAL INFORMATION:For questions regarding Section 232 trade remedies, please refer to CSMS message #52417905 (Update: Information on Trade Remedy Questions and Resources) at CSMS #52417905 – UPDATE: Information on Trade Remedy Questions and Resources (govdelivery.com). For questions regarding Section 232 Quota, please contact the HQ Quota mailbox at HQQuota@cbp.dhs.gov.Read the CSMS Here.
Information on Customs User Fee Changes Effective October 1, 2022
Pursuant to the General Notice (87 FR 46973) published August 1, 2022, adjustments to certain customs user fees and corresponding limitations, as codified in 19 U.S.C. § 58c, will take effect on October 1, 2022. These adjustments are being made in accordance with the Fixing America’s Surface Transportation Act of 2015 (FAST Act), Public Law 114-94. The General Notice may be accessed at the link below:https://www.federalregister.gov/documents/2022/08/01/2022-16533/cobra-fees-to-be-adjusted-for-inflation-in-fiscal-year-2023The Merchandise Processing Fee (MPF) ad valorem rate of 0.3464% will NOT change. The MPF minimum and maximum for formal entries (class code 499) will change. The minimum will change from $27.75 to $29.66; and the maximum will change from $538.40 to $575.35.Some other fees that are changing: The fee for Informal Entry/Release, automated and not prepared by CBP personnel (class code 311a), will change to $2.37.The Surcharge for Manual Entry/Release (class code 500) will change to $3.56.The Dutiable Mail fee (class code 496) will change to $6.52.The Express Consignment Carrier/Centralized Hub Facility fee will change to $1.19 per individual waybill/bill of lading. An individual air waybill is the bill at the lowest level, and is not a master bill or other consolidated document. See 82 FR 50523 (Nov. 1, 2017).The Commercial Vessel or Commercial Aircraft Passenger Arrival customs fee will change to $6.52 per passenger. The Commercial Vessel Passenger Arrival (from exempt areas) customs fee will change to $2.29 per passenger. The Commercial Truck Arrival fee will change to $6.50. The Commercial Truck Arrival Fee is the CBP fee only; it does not include the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Agricultural and Quarantine Inspection (AQI) Services Fee (currently $7.55) that is collected by CBP on behalf of USDA to make a total single crossing fee of $14.05.Please see the General Notice for the full list of fees that are changing. Another CSMS will be sent when the changes are in the ACE Certification environment for trade testing.

Read the CSMS Here.

U.S. National Marine Fisheries Service (NMFS) – Revised Fisheries Certificate of Origin (NOAA Form 370) with New OMB Control Numbers
Under the Dolphin Protection Consumer Information Act (16 U.S.C. §1385), the U.S. National Marine Fisheries Service (NMFS) requires a Fisheries Certificate of Origin (NOAA Form 370) to be submitted to the CBP Automated Commercial Environment at the time of, or in advance of, importation. The Office of Management and Budget (OMB) Control Number for the current Fisheries Certificate of Origin expired July 31, 2022, and NMFS will provide revised versions every 30 days until OMB approves as stipulated under the Paperwork Reduction Act. NMFS will post revised Fisheries of Certificates online below: https://www.fisheries.noaa.gov/national/marine-mammal-protection/noaa-form-370-fisheries-certificate-originHTS codes flagged to require a Fisheries Certificate of Origin (NOAA Form 370): https://www.fisheries.noaa.gov/national/marine-mammal-protection/harmonized-tariff-schedule-selected-tuna-and-tuna-productsShipments filed under the listed HTS codes are eligible for entry only if accompanied by Fisheries Certificate of Origin. Entries under the designated HTS codes that are not accompanied by the Fisheries Certificate of Origin are inadmissible. Contact information for questions should be sent to swrtuna.track@noaa.govRead the CSMS Here.
Reporting a Cybersecurity Event to CBP Technology is an essential element that allows for the facilitation of international trade to flow through the United States with data provided by the trade community to U.S. Customs and Border Protection (CBP) and Partner Government Agencies. If a member of the trade community is victim of a cybersecurity attack that impacts the company’s ability to transmit transactions to CBP, CBP has identified the following information for reporting such an event and follow up steps. 

Initial Steps/Communication for Reporting Cybersecurity Incident to CBP Who to contact at CBP? All security incidents that have any effect on the security posture of CBP must be reported to the CBP Office of Information Technology (OIT) Security Operations Center (CBP SOC) at 703-921-6507.During business hours (6:30 am-7:30 pm EST): Contact CBP OIT SOC at 703-921-6507 and if applicable, contact the party’s Client Representative. If the Client Representative is unknown, please contact gmb.clientrepoutreach@cbp.dhs.gov.
After business hours (after 7:30 pm EST): Contact CBP OIT SOC and the CBP Technology Service Desk at ACE.SUPPORT@cbp.dhs.gov (with the Client Representative email address on copy, as appropriate).
When to contact CBP?CBP should be contacted immediately once a cybersecurity attack is discovered. 

Read the CSMS Here.‌‌
Check Out This Week’s Customs Bulletin! This update includes:
CBP Decisions: Extension and Amendment of Import Restrictions on Archaeological and Ethnological Material From Cyprus

General Notices: Announcement of the Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Portal Accounts To Establish the Vessel Agency Portal Account and To Decommission the Cartman and Lighterman Portal Accounts Revocation of One Ruling Letter and Revocation of Treatment Relating to the Tariff Classification of a Fluorescence Confocal Microscope Proposed Revocation of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of Insulated Lunch Bags Copyright, Trademark, and Trade Name Recordations (No. 04 2022)Copyright, Trademark, and Trade Name Recordations (No. 05 2022)

US Court of International Trade Slip Opinions: Tau-Ken Temir LLP, and JSC NMC Tau-Ken Samruk, Plaintiffs, and Ministry Of Trade And Integration Of The Republic Of Kazakhstan, Plaintiff-Intervenor, v. United States, Defendant, and Globe Specialty Metals, Inc., and Mississippi Silicon LLC, Defendant-Intervenors Universal Tube And Plastic Industries, Ltd., THL Tube And Pipe Industries LLC, And KHK Scaffolding And Framework LLC, Plaintiffs, v. United States, Defendant, and Wheatland Tube Company, Defendant-Intervenor Pro-Team Coil Nail Enterprise, Inc. And PT Enterprise Inc., Plaintiffs, Unicatch Industrial Co., Ltd, TC International, Inc., Hor Liang Industrial Corp., Romp Coil Nails Industries Inc., And Primesource Building Products, Inc., Consolidated Plaintiffs, and S.T.O. Industries, Inc., Plaintiff-Intervenor, v. United States, Defendant, and Mid Continent Steel & Wire, Inc., Defendant-Intervenor Cyber Power Systems (USA) Inc., Plaintiff, v. United States, Defendant, United States, Counterclaimant, v. Cyber Power Systems (USA) Inc., Counterclaim Defendant

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