Export Compliance Daily is providing readers with some of the top stories for Oct. 21-25 in case they were missed.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations to further restrict exports and re-exports to Cuba, BIS said in a notice. The amendments change BIS licensing policies and exceptions for certain aircrafts and vessels, establish a 10 percent de minimis level for Cuba, make the Cuban government ineligible for certain donations and clarify the scope of unlicensed telecommunication items the Cuban government can receive. The Office of Information and Regulatory Affairs recently said it completed its review of the rule (see 1910150041)
About 350 companies, trade associations and local manufacturing groups and chambers of commerce are urging Congress to ratify the United States-Mexico-Canada Agreement "as soon as possible this autumn." The letter, led by the National Association of Manufacturers and signed by giants like Ford, GM, Fiat Chrysler, Caterpillar, IBM, GE, Honeywell, Bayer and Bristol-Myers Squibb, was sent Oct. 15. It said that ratification "is essential to promoting certainty and growth for manufacturing businesses." Volvo North America and Mahindra Automotive America signed the letter, but BMW and Mercedes -- whose supply chains would likely have to change to meet stricter rules of origin -- did not. The letter referred to trade facilitation -- though not explicitly higher de minimis levels in Canada and Mexico, in saying that the USMCA will eliminate red tape at the border, and make "it easier for small and medium-sized businesses to sell into these critical markets."
The U.S. Chamber of Commerce, the Information Technology Industry Council and 25 other trade groups, including groups from Africa, Asia, South America and Europe, have issued a position paper on what they'd like to see in the plurilateral E-Commerce Agreement at the World Trade Organization. The U.S. and China are both in these talks, and some are concerned that China will oppose what business groups describe as high-standard planks, such as prohibiting data localization and no restrictions on cross-border data flows.
China issued guidance for its free trade agreement with the Association of Southeast Asian Nations and the rules of origin for imports and exports, according to a Sept. 11 KPMG alert.
Vietnam issued a circular to update the rules of origin regulations under the recent agreement between the Association of Southeast Asian Nations and China, Vietnam Customs' mouthpiece CustomsNews said in an Aug. 20 report. Vietnam clarified how rules of origin apply to goods, “origin criteria for converting commodity codes at level of 4 digits” and regulations on the de minimis level. The circular will take effect Sept. 12.
Singapore Customs issued a circular outlining changes and new requirements for rules of origin and certification procedures under revised regulations of the ASEAN-China Free Trade Area, Singapore said in an Aug. 6 notice. The circular describes the requirements that have to be met for goods to be qualified as originating goods, and details the expansion to the list of “Product Specific Rules” and the inclusion of a de minimis provision. Singapore said the new requirements will take effect Aug. 15.
Quebec is increasing the de minimis threshold for non-taxable imports from Mexico from $20 to $40 (in Canadian dollars), according to a July 31 report from KPMG. KPMG said the change is “related to the implementation” of the U.S.-Mexico-Canada Agreement, but did not specify when the change would take effect.
The footnote in the U.S.-Mexico-Canada Agreement that says that the U.S. could change its de minimis level to match Canada's and Mexico's levels was roundly rejected by the Senate Finance Committee on July 30, when the topic was one of the most-discussed aspects of the deal. Paula Barnett, owner of Paula Elaine Barnett jewelry, was the first witness who testified, and she told the committee that she does not want U.S. de minimis levels lowered, because she doesn't have to pay tariffs when goods are returned from outside the country, and because she purchases opals from Mexico, and those purchases are under the $800 threshold.
The EU's customs exemptions for low-value shipments may encourage undervaluation, the European Court of Auditors said in a report on the EU's collection of customs duties for e-commerce imports. Customs duties aren't levied on imports of goods equal to or less than €150. "These low value consignment reliefs (LVCR) can be abused via: (i) undervaluation of goods, which are declared below the thresholds for the VAT and/or customs exemptions; (ii) splitting consignments to be under the threshold limit; (iii) importing of either commercial consignments declared as gifts or of goods which are ineligible for the relief," the auditors said.