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PLEASE NOTE: The following information has been compiled from various industry newsletters and other public sources. While we use reasonable efforts to furnish accurate and up-to-date information, C J is not liable or responsible for the accuracy or reliability of any information contained herein.
January 2009
On Tuesday, January 27th, the Department of Homeland Security (DHS) announced that it would not delay the start of the Importer Security Filing requirement (ISF.) The interim final rule went into effect on January 26th.
Some members of the trade community questioned the start date after the release of the memorandum from the director of the Office of Management and Budget, “Implementation of Memorandum Concerning Regulatory Review,” dated January 21. This order delayed the implementation of proposed Bush administration regulations until they were reviewed by the new administration.
DHS officials state the rulemaking process for ISF was procedurally adequate. There was a 75-day public comment period to respond to the Notice of Proposed Rulemaking and the interim final rule provides for a six-month public comment period.
C J International Inc is currently filing ISF for our clients. If you have any questions regarding the ISF, please contact Bob Twomey at btwomey@cjinternational.com
Source: http://www.cbp.gov/xp/cgov/newsroom/news_releases/01262009.xml
The port of Long Beach and Los Angeles have set a new start date, February 18, 2009, for the collection of the Clean Truck Fee.
The $35-per-TEU is just a part of their overall Clean Trucks Program, which has the goal of reducing port emissions by 80 percent and emissions from all source by 45 percent within 5 years. Revenue from the fee will be used to subsidize motor carriers for up 80 percent of the cost of purchasing a new truck that meets the stricter pollution standards. Another major part of the program is the ban of all per-1984 trucks from the harbor. This begins on October 1, 2008. A series of bans are planned - beginning January 1, 2010, all trucks 1993 and older and un-retrofitted model year 1994 to 2003 trucks will be barred from the port. By January 2012 all 2006 and older will be banned.
The West Coast Marine Terminal Operator Agreement (WCMTOA) created the not-for-profit company PortCheck to collect the Clean Trucks Fee for the ports. The party responsible for paying the fee, defined as the cargo owner, can visit the PortCheck page at http://www.portcheck.org or http://www.pierpass-tmf.org for updates. PortCheck has stated they are ready to go live on February 18th.
Source:
http://www.portoflosangeles.org/newsroom/2009_releases/news_012209_ctp_fee.pdf
http:www.polb.com/news/displaynews.asp?NewsID=501&targetid=1
December 2008
On November 25, the Department of Homeland Security published the Final Rule for the new Importer Security Filing rule, also known as “10+2”. The ruling goes into effect January 26, 2009. The Federal Register can be found online at:
November 2008
PortCheck has announced that the Collection of the Clean Truck Fee (CTF) assessed by the Port of Los Angeles and Port of Long Beach, which was to begin on Nov 17, will be delayed pending resolution of outstanding regulatory issues. An agreement filing relating to the ports' arrangement with PortCheck is still pending with the Federal Maritime Commission (FMC), and the fee collection will be delayed while issues relating to that filing are resolved.
A new start date is not known, however, cargo owners are still urged to make sure they are registered with pierpass if they have not done so.
Additional information about PortCheck, the Clean Truck Program and registration is available at
www.pierpass-tmf.org.
October 2008
October 21, 2008
The Lacey Act combats trafficking in “illegal” wildlife, fish, and plants. The 2008 Farm Bill (the Food, Conservation, and Energy Act of 2008), effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products.
Beginning December 15, 2008, the Lacey Act will, among other things, make it unlawful to import certain plants and plant products without an import declaration. This declaration is required for those same plants and plant products and must include the scientific name of any plant, a description of the value, quantity, and the name of the country from where the plant was taken. If a plant species or country of origin cannot be determined, the plant declaration must include a list of possible plant species found in the product or a list of possible countries from which the plant originated.
The Animal and Plant Health Inspection Service (APHIS) of the US Department of Agriculture has established a website that will serve as a clearinghouse for all information related to the implementation of the Lacey Act declaration requirement and will be updated promptly as new information becomes available. The website address is:
http://www.aphis.usda.gov/plant_health/lacey_act/
CBP has also posted Lacey Act information at the following website:
http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/laws/food_energy/amended_lacey_act/
Included on these websites are several key pieces of information, one of which is the Federal Register Implementation of Revised Lacey Act Provisions that may be useful. Some of the information required by the Act is currently being collected by CBP. An electronic system is being developed to collect the remaining information required by the Act. It is anticipated the electronic system will be ready by April 1, 2009 after which will be a phased-in enforcement period through September 2009.
Request for Comments and Information
Section 102 of the Consumer Product Safety Improvement Act (“CPSIA”)
Requirements for certificates for conformity testing and third party testing
On November 12, new import requirements for consumer goods will take effect as a result of the Consumer Product Safety Improvement Act of 2008. This Act became Law August 14, 2008 and requires manufacturers and importers to certify in writing that products being imported for warehousing and/or consumption comply with all applicable rules administered by the Consumer Product Safety Commission. This requirement applies to nearly all categories of consumer goods. For a list of those goods affected and more information, please visit the CPSC website at:
http://www.cpsc.gov/ABOUT/Cpsia/cpsia.html
Section 102(b) amends section 14 of the CPSA to add a section 14(g)(3) that requires that every certificate “shall accompany the applicable product or shipment of products covered by the same certificate and a copy of the certificate shall be furnished to each distributor or retailer of the product.”
During recent public meetings with the CPSC regarding this legislation, concerns were raised on the difficulty of supplying these “paper” certificates with every shipment, thus causing the Commission to consider accepting an electronic form of certification.
The "Commission" is currently seeking comments on Section 102 of the Act and asks for specific recommendations on the use of electronic certificates. Comments to the Office of Secretary are requested by October 29, 2008. Comments may be filed by email to cpsc-os@cpsc.gov. Comments may also be filed by facsimile to (301) 504-0127 or by mail or delivery to the Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East West Highway, Bethesda, Maryland 20814. Comments should be captioned “Section 102 Certificate Requirements.”
Source:
http://www.cpsc.gov/ABOUT/Cpsia/cpsia.htmlFootnote:
Effective Date of Certificate Requirement: CPSC has indicated that the certificate of conformity requirement applies to imported goods manufactured or produced on or after November 12. So far, neither CBP nor CPSC have given advice as to how they will determine the manufacture or production dates of importations arriving after Nov. 12.
Copyright C J International, Inc.