CBP has posted an updated version (version 2.0) of its ACE Entry Summary Instructions document, which provides guidance to ACE users on what entry summary information to provide in ACE. CBP also posted an updated version (version 2.1) of its Business Rules and Process Document, which outlines entry summary processing in ACE. CBP previously issued a CSMS message stating that these documents were revised to coincide with the deployment of ESAR III (also referred to as ESAR A2.3.1a).
In LeMans Corporation, v. U.S., the Court of International Trade granted Customs summary judgment, ruling that certain motocross jerseys, pants, and jackets are properly classified in the HTS under Chapter 61 or 62 as wearing apparel and not within Chapter 95 as sports equipment.
Xinhua News Agency reports that on January 20, 2010, the Chinese Foreign Ministry China threatened sanctions against Boeing, Sikorsky, Lockheed Martin and Raytheon, due to a 6.4-billion U.S.-dollar arms sale package for Taiwan, which the Obama administration recently announced. (Notice, dated 02/05/10, available at http://news.xinhuanet.com/english2010/indepth/2010-02/05/c_13165314.htm)
The Department of Energy is requesting information from stakeholders on questions pertaining to the Buy American provisions of the American Recovery and Reinvestment Act of 2009. DOE is requesting information regarding (1) the availability of manufactured goods produced in the U.S. that are needed to carry out certain projects; and (2) the application and implementation of certain Buy American provisions in Recovery Act projects. Comments are due by 11:59 p.m. on February 18, 2010. (FR Pub 02/04/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-2378.pdf)
The Federal Maritime Commission has announced that it will hold an open meeting on February 10, 2010 in Washington, DC. Agenda topics include a FY 2010 budget status update, a petition from NCBFAA for exemption from mandatory rate tariff publication, etc. (Notice, posted 02/02/10, available at http://www.fmc.gov/home/February102010Meeting.asp)
The Court of International Tradehasruled against further proceedingson an Appeal Court'sruling that invalidateda CIT decision thatUPS Customhouse Brokerage violated 19 USC 1641 by not exercising responsible supervision and control.The CAFC had ruled thatCustoms was required toconsider all 10 factors listed in 19 CFR 111.1 as a prerequisite. The CIT also ruled that a discretionary remand to Customs would be inappropriate. (U.S. v. UPS Customshouse Brokerage, Inc., Slip Op. 10-11, dated 01/28/10, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/Slip%20Op%2010-11.pdf)
The Department of Homeland Security has issued a press release on U.S. Customs and Border Protection's enforcement of the Importer Security Filing and Additional Carrier Requirements (10+2) interim final rule beginning January 26, 2010. (See ITT's Online Archives or 01/25/10 news, (Ref: 10012505), for most recent BP summary of CBP's 10+2 enforcement plans.)(Press release, dated 01/27/10, available at http://www.dhs.gov/ynews/releases/pr_1264608972865.shtm.)
The conference version of H.R. 3288, the fiscal year 2010 "Consolidated Appropriations Act1," was passed by the Senate on December 13, 2009 and by the House on December 10, 2009. It was signed into law (Public Law 111-117) by the President on December 16, 2009.
In the December 10, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 50), CBP published a notice revoking one ruling and a treatment as follows:
The National Nuclear Security Administration states that the United Arab Emirates will join the U.S. Megaports Initiative, a cooperative effort to detect, deter, and interdict illicit maritime smuggling of nuclear and other radioactive material. As part of the agreement, the NNSA will work with the UAE to install radiation detection equipment and associated infrastructure (and provide training) at the ports of Abu Dhabi and Sharjah. The Megaports Initiative is currently operational at 28 ports worldwide. (Press release, dated 12/16/09, available at http://nnsa.energy.gov/2760.htm)