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DHS Issues Broad Jones Act Waiver for Hurricane Recovery in Puerto Rico
September 28, 2017 |Customs

The Department of Homeland Security on Sept. 28 waived Jones Act shipping restrictions "in recognition of the severe impacts on Puerto Rico from Hurricanes Irma and Maria," it said in a news release. "The decision follows yesterday’s request from the governor of Puerto Rico and the Secretary of Defense’s determination that a waiver is in the interest of national defense," it said. The waiver "will be in effect for 10 days after signature and covers all products being shipped to Puerto Rico." DHS issued waivers earlier this month following hurricanes in Texas and Florida for fuel shipments (see 1709140038). This waiver applies to all goods and is "intended to ensure we have enough fuel and commodities to support lifesaving efforts, respond to the storm, and restore critical services and critical infrastructure operations in the wake of these devastating storms,” DHS Acting Secretary Elaine Duke said.

CBP Not Advocating Against Use of WPM, Wooden Pallet Association Says
September 28, 2017 |Customs

CBP's updated CSMS message about wood packaging material penalties makes it "quite clear that CBP is not advocating alternatives to WPM," said Brent McClendon, CEO of the National Wooden Pallet and Container Association, in an email. CBP said on Sept. 25 it is increasing enforcement of WPM treatment requirements (see 1709250038), but the updated notice leaves out an encouragement "to consider alternatives to WPM if possible," he noted. The trade group continues to "advocate for enhanced compliance and surveillance at our ports and are proud to partner with the [Department of Agriculture] and CBP to ensure the supply chain is aware of ISPM 15 requirements," McClendon said. "ISPM 15 has been successful in minimizing the threat of invasive insects." CBP has not explained the impetus for the enforcement shift or "shared with us the background rationale for the change," he said.

CBP Extends Import Restrictions on Archaeological Goods From Guatemala
September 27, 2017 |Customs

The U.S. government is extending and amending import restrictions for five years on archaeological and ethnological material from Guatemala, which are set to expire Sept. 29, CBP said in a Federal Register notice. The notice, effective Sept. 28, said the State Department has determined that conditions continue to warrant the imposition of import restrictions and CBP's regulations will be amended to reflect the extension.

ISA Participants Subject to Targeted Audits
September 27, 2017 |Customs

Importer Self-Assessment members may still face "single-issue" audits despite removal from the focused assessment (FA) audit pool, a CBP official said Sept. 26 during a conference, according to a blog post from Ted Murphy of Baker & McKenzie. Josh Jandorf, senior auditor in the Office of Trade, spoke during a panel discussion on audits at the conference. "With the transition of enforcement responsibilities to the Centers of Excellence and Expertise (CEE’s), CBP is conducting many more 'targeted' or 'single-issue' audits (e.g., quick response audits, survey audits, etc.)," Murphy said. CBP has said the CEEs are working closely with auditors as part of a broader shift toward the use of audit surveys in the agency’s compliance verification activities (see 1611100001). "These focused audits are aimed at issues of perceived non-compliance, rather than at the internal controls the company has in place over one or more areas (like a traditional FA)," Murphy continued. Since ISA members "can be (and frequently are) the subject of the targeted audits being directed by the CEE’s and conducted by Regulatory Audit," while "CBP is conducting fewer FA’s," it's unclear "whether ISA members are really getting much benefit from the ISA program," he said. Murphy also posted slides from his panel on valuation.

CBP Miami Details ACE Downtime Procedures for Airport Cargo Center
September 27, 2017 |Customs

CBP Miami issued guidance on local downtime procedures during ACE outages for the Miami International Airport Cargo Clearance Center (CCC), in a Sept. 26 information bulletin. Brokers experiencing downtime should submit a letter requesting manual clearance, accompanied by supporting documents including the invoice, bill of lading, partner government agency (PGA) documents and the ACE CBP Form 3461, the bulletin said. Brokers should notify the Miami CCC of any shipments that require expedited clearance. Copies of in-bonds, entry packages, delivery tickets, zone admission documentation and export documents will be kept by CBP for input by the agency upon system restoration, it said. “System performance issues may be local in nature, may not have been identified by CBP yet, and may not impact national operations,” CBP Miami said. “Therefore, CBP strongly encourages the Trade Community to call the established local CBP [points of contact] and notify Miami CCC of any system issues that are impacting their daily operations.”