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Unverified List Updates

Unverified List updates reflect BIS efforts to assess the legitimacy of foreign recipients of controlled items when end-use checks cannot be completed. Changes to the list signal heightened attention to diversion risks across global supply chains. This section follows new UVL designations, removals and related policy developments that affect screening and due diligence requirements. Coverage helps exporters adapt compliance processes to evolving verification challenges.

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CBP Issues Harmonized System Updates for Revised 'Goods Returned' Subheadings
April 25, 2016 |Customs

CBP said it created Harmonized System Update (HSU) 1603 on April 21, containing 1,062 ABI records and 201 harmonized tariff records. It also created HSU 1604 on April 22, containing 337 ABI records and 64 harmonized tariff records. "In both updates, modifications include the addition of PGA (Participating Government Agency) indicators as well as changes made as a result" of the customs reauthorization law, which amended HTS chapter 98, CBP said in a CSMS message (here). The law's changes to the HTS chapter, which took effect April 24, means articles returned after repair under subheadings 9802.00.40 and 9802.00.50 can be commingled, and the origin, value and classification of such articles may be accounted for using an “inventory management” method. The new law also amends the article description for subheading 9801.00.10 so that it includes “any other products when returned within 3 years after having been exported,” and inserts a new subheading providing duty-free treatment for certain U.S. government property returned to the U.S. The modified records can be retrieved electronically via the procedures indicated in the CATAIR. Further information: Jennifer Keeling, Jennifer.Keeling@dhs.gov.

Topics:Customs duty
CBP Spells Out Consumptive Demand Changes in FAQs
April 22, 2016 |Customs

Merchandise detained as a result of a CBP withhold release order can either be re-exported or the importer can submit information as proof the merchandise isn't in violation, the agency said in a list of frequently asked questions about forced labor petitions (here). The customs reauthorization law repealed the "consumptive demand" exemption to the ban on imported products made by forced labor (see 1603010043). "Shipments subject to findings can be excluded or seized," said CBP. CBP recently issued its first forced labor withhold release orders in over 15 years (see 1603310034).

Topics:Forced Labor
PGA Filings Temporarily Allowed in DIS with ACE Cargo Release Submissions, Says CBP
April 22, 2016 |Customs

Filers of entries for several partner government agencies will now be able to submit agency-required forms through the document imaging system alongside their ACE cargo release submissions until ACE filing becomes mandatory for those agencies, said CBP in a CSMS message sent April 22 (here). “During the course of their pilots and until the ACE mandatory dates,” currently scheduled for this summer, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Environmental Protection Agency, Fish and Wildlife Service and National Marine Fisheries Service "have agreed to allow" their forms to be uploaded in DIS, instead of submitted on paper, "in order for CBP to verify the PGA requirements have been met," said CBP.

CBP Releases Supplemental Guide for FDA ACE Filing
April 20, 2016 |Customs

CBP released an updated Food and Drug Administration supplemental guide for filing in ACE (here). The update includes number of tweaks, bug fixes and clarifications based on feedback it has received from the trade community, said an FDA official recently (see 1603150047). The updates are mostly minor changes, FDA has said (see 1602040022).