Presentation on ISF 10+2 requirement

ISF 10+2 Form

FAQ about ISF 10+2

FAQ about Wood Packaging

 

TO OUR VALUED CLIENTS:

SUBJECT: Generalized Systems of Preference – GSP Claims Duty-Paid, Now Liquidating

As of August 1, 2014, Congress still has not approved the GSP program, which expired July 31, 2013. Unfortunately, entries filed paying duty on previously duty-free treatment under GSP, are now being liquidated as entered, thus finalizing the application of duty to those shipments.

While it is anticipated that GSP will be renewed, it will be too late to secure refunds if such take place on entries where liquidation has become final (180 days after date of liquidation).

While Customs advised requests to extend liquidation or to protest such could not be used to extend liquidation, customs attorneys have indicated Customs could not deny importers of taking action to protest liquidations.

To extend the period after liquidation, importers have the right to PROTEST the liquidation within the protest period. Customs must act on such within two years, but has advised the public that any such protest filed will be denied. Within 180 days from the date of such denial, the importer may contest such denial by filing a civil action in the U.S. Court of International Trade.

W. R. Zanes, with your instructions, can file such protests on your behalf. If denied as expected, you would need an attorney to pursue civil action in the U.S. Court of International Trade.

By protesting, etc. the purpose is to delay finalization with the hope that Congress will extend GSP within that period. There is also the possibility though slight that in extending GSP, Congress would make such applicable to all entries filed during the period GSP was not applicable, including entries liquidated and final.

If you wish W. R. Zanes & Co. of La., Inc. to pursue protest on said entries, please advise. Upon receipt of your authorization we will prepare and file such protest on your behalf.

 

 


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PRESS RELEASE:

FOR IMMEDIATE RELEASE

ATTENTION BUSINESS EDITORS

JANUARY 2, 2013

W. R. Zanes & Co. of La., Inc. Acquires Feinstein & Norris, To Expand Freight Forwarding And Customs Brokerage Operations In The U. S. Gulf:

NEW ORLEANS, LA – W. R. Zanes & Co. of La., Inc. (Zanes) has acquired Houston-based Feinstein & Norris, Inc., Zanes President and CEO, Diane Schexnayder, announced today.

This latest acquisition by Zanes at Houston strengthens its international freight forwarding and customs brokerage business and expands its operations in Houston and in the U.S. Gulf.

Founded by Richard Feinstein & W. L. “Bud” Norris, Jr., Feinstein & Norris, Inc. has been a dominant figure in the brokerage industry at Houston, since 1978.  Dedicated to providing quality, efficient service at a reasonable rate has allowed F&N to cultivate many loyal customers, while catering to small and medium size businesses, F&N’s reputation and expertise have developed a wide and diverse following of customers.

Zanes is pleased to include the F&N personnel amongst its company roster.  We look forward to continuing business relationships through their fine staff of specialists.

Zanes presence in the U.S. Gulf includes facilities already at Houston, Dallas, Mobile, New Orleans and MSY (Kenner) and operates throughout the United States under its national permit.  Zanes is a full service customs broker and international freight forwarder, air consolidator, and NVO sales agent, offering a complete line of services to the international shipper.

 

 


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U.S.-Korea Free Trade Agreement (UKFTA) - Implementation
The U.S-Korea Free Trade Agreement (UKFTA) Implementation Act was signed into law on October 21, 2011.  Presidential Proclamation 8783, dated March 6, 2012 and published in the Federal Register on March 9, 2012, implements the U.S.-Korea Free Trade Agreement (UKFTA) for goods entered, or withdrawn from warehouse for consumption  on or after March 15, 2012.  The Proclamation is incorporated, by reference, in Publication 4308 of the United States International Trade Commission (USITC).  Annex I and II to Publication 4308 amends the Harmonized Tariff Schedule of the United States (HTSUS), provides for temporary tariff rate quotas and provides for immediate and stage elimination of duties and barriers to bilateral trade in goods and services originating in the United States and/or Korea.  The FTA will affect certain agricultural products, textiles and apparel, automotive engines, chassis, parts, etc.  We include for your guidance US CBP Field Memorandum of March 12, 2012, including Attachment A, (Certificate of Origin, requirements) and UKFTA CBP Interim Regulations (19 CFR 10, etc.) in applying these benefits.  We strongly urge Importers and Exporters to evaluate the origin content value of articles before making declaration under the UKFTA (a.k.a. KORUS).

 

 


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10+2 SECURITY FILING
Notice of Interim Rule Making - U.S. Customs published the interim final rule in the Federal Register of November 25, 2008 on Importer Security Filing (ISF).  By regulation, importers will be responsible for filing with CBP the data elements at least 24 hours prior to loading of the cargo overseas.  The effective date for this new program is January 26, 2009.

Federal Register of November 25 2008

The Importer Security Filing Data Elements (the 10 portion) to be filed by the party causing goods to arrive within the limits of a port in the United States.

       Manufacturer (or supplier) name and address

       Seller name and address

       Buyer name and address

       Ship to name and address

       Container stuffing location

       Consolidator (stuffer) name and address

       Importer of record Number

       Consignee Number (IRS)

       Country of origin

       Commodity HTSUS number

In addition to these 10 data elements the ocean carrier's bill of lading number must be included in the ISF filing to connect the report to the carrier manifest and entry summary.  W. R. Zanes intends to file this information on behalf of our clients.  Your overseas suppliers should be notified this information will be required a minimum of three (3) workdays prior to the shipment being loaded on a vessel destined for the United States.  View here a CBP presentation on the ISF 10+2 filing requirement.  Click here for an ISF 10+2 Form, which may be used to gather the required details and forward onto us for timely filing of ISF and entry filing.  The mentioned data elements will become a part of the entry filing in the U.S.

The Carrier Security Filing Data Elements (the 2 portion)

      Vessel Stow Plan - vessel name and operator; voyage number; container operator; equipment number, size and type; stow position; hazmat code; and load/discharge ports

      Container Status Messages - terminal container movements, change in container status, focused on container status messaging set: equipment number; event description, date, time and location; and vessel.

The Freight Remaining on Board, In-Bond, and Foreign Trade Zone Data Elements (the 5 portion) required to be transmitted by the party filing the FROB, IE, T&E, or FTZ Documentation.

       Booking Party Name and Address

       Foreign Port of Unlading

       Place of Delivery

       Ship to Name and Address

       Harmonized Tariff Schedule at minimum 6-digit level

All Data Elements are to be filed by using current CBP communication methods.  These are the Automated Broker Interface (ABI) that is currently used by U.S. Customs Brokers to transmit entry data, and the Automated Manifest System (AMS) that is currently used by carriers, Non Vessel Operating Common Carriers (NVOCC), and some Freight Forwarders to transmit manifest data. 

There are various options to transmit the 10 Security Filing Data Elements.  The data may be transmitted:

      As a stand-alone security filing either through ABI or AMS.

      Through ABI as a joint entry and security filing.

      Through AMS as a joint manifest and security filing

Answers to Frequently Asked Questions about ISF 10+2 can be found here.

Safe Port Act 2006 was enacted by U.S. Congress in October of 2006.  This mandated CBP to collect the additional data elements, require data to be received before loading, and improve the targeting process.

Safe Port Act 2006

 

 

Presentation on ISF 10+2 requirement

ISF 10+2 Form

FAQ about ISF 10+2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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LACEY ACT
APHIS has issued in Federal Register Notice, dated September 2, 2009, a revised phase enforcement schedule for declaration requirements for plant and plant products under the Lacey Act.

On May 22, 2008, the Lacey Act was amended to make it illegal to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, any plant—with limited exceptions—to be taken or traded in violation of domestic or international laws.

The Act extends the statute’s reach to include a broader range of plants and plant products, including timber deriving from illegally harvested plants.  Illegal logging robs countries, destroys forests, and competes with the legal production and trade.  This Act provides the legal authority to take action when products stemming from the practice of illegal logging enter the United States.

The Act now requires an import declaration for plants that includes 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.

APHIS and the other Federal agencies involved in enforcing the provisions in the Act are working together to phase in enforcement of the declaration beginning April 2009.  To learn the specifics on the Lacey Act as it applies to plant and plant products (including furniture, etc.), log on to:
http://www.aphis.usda.gov/plant_health/lacey_act/

OR:  Lacey Act Implementation
         Notice for Revised Phase Enforcement Schedule

 

 


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FIRST SALE DECLARATIONS
The transaction value of imported merchandise may be determined by the first or earlier sale of the goods:
First Sale Declaration - Section of Law
First Sale Declaration - Federal Register

First Sale Declaration - Grace Period

 

 


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SOFTWOOD LUMBER ACT OF 2008 - Enforcement effective Sept. 18, 2008
For products of softwood lumber and products made of softwood lumber, such as building materials and pre-fab housing (with exceptions).  On Sept 18 Customs will enforce this legislation.  There is a $10,000 penalty for unlawful entry:
Softwood Lumber Act of 2008 (10 pages)
Softwood Lumber - Federal Register
Highlights of SWLA 2008
Implementation Instructions
Sample 7501 for SWLA 2008
Export Charges on ITA website: http://ia.ita.doc.gov/sla2008/sla-index.html
Export Charges for Canada
Grace Period - enforcement start date moved to 09/18/08

 

 


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WOOD PACKAGING
Final phase of Wood Packaging Regulations compliance went into effect July 05, 2006.  Customs warning is included in the implementation document below.  Shipments will be exported at Importers expense.  Customs Officers have already ordered some shipments exported.  Read how this may affect your international transactions.

Phase III Implementation of WPM Regulations
Guidelines for Regulating WPM in International Trade
FAQ about WPM

WPM Penalty Phase effective 03/09/07
READ THIS >
   070308 NR WPM Penalty Phase Begins.pdf (192KB)

 

 

FAQ about Wood Packaging

 

 

 


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CUSTOMS HAS REQUESTED WE ADVISE YOU OF THE FOLLOWING, IN THE INTEREST OF MINIMIZING SECURITY THREATS UNDER OUR CUSTOMS BROKERAGE C-TPAT PROGRAM.  YOU SHOULD EXPLORE THE BENEFITS OF C-TPAT FOR YOUR INTERNATIONAL TRADE OPERATIONS.

CONTAINER SECURITY - OCEAN
You should ask your carriers or consolidators to ensure that all contracted service providers have procedures in place to maintain container integrity. Container integrity must be maintained to protect against the introduction of unauthorized material and/or persons. At point of stuffing, procedures must be in place to properly seal and maintain the integrity of the shipping containers. A high security seal must be affixed to all loaded C-TPAT importer containers bound for the U.S. All seals must meet or exceed the current PAS ISO 17712:2010 standards for high security seals.

Container Inspection
Procedures must be in place to verify the physical integrity of the container structure prior to stuffing, to include the reliability of the locking mechanisms of the doors. A seven-point inspection process is recommended for all containers:

  • Front wall
  • Left side
  • Right side
  • Ceiling/Roof
  • Inside/Outside doors
  • Outside/Undercarriage
  • Floor

Container Seals
Your carriers’ and consolidators’ written procedures must stipulate how seals are to be controlled and affixed to loaded containers. Their procedures must be in place for recognizing and reporting compromised seals and/or containers to U.S. Customs and Border Protection or the appropriate foreign authority. Only designated employees should distribute container seals for integrity purposes.

Container Storage
Your carriers’ and consolidators’ containers must be stored in a secure area to prevent unauthorized access and/or manipulation. Procedures must be in place for reporting and neutralizing unauthorized entry into containers or container storage areas.

Container and Trailer, Inspection
Procedures should be in place to verify the physical integrity of the trailer structure prior to stuffing, to include the reliability of the locking mechanisms of the doors.

17 Point Tractor and Trailer Inspection

  • Bumper
  • Engine
  • Tires (truck & trailer)
  • Floor
  • Fuel tanks
  • Cab / storage compartments
  • Air Tanks
  • Drive Shafts
  • Fifth Wheel
  • Outside / Undercarriage
  • Floor
  • Inside / Outside Doors
  • Side Walls
  • Ceiling / Roof
  • Front Wall
  • Refrigerated Unit
  • Exhaust

CONTAINER SECURITY - AIR
Your airlines’ or air consolidators’ cargo container integrity must be maintained to protect against the introduction of unauthorized material and/or persons. At point of stuffing, their procedures must be in place to verify cargo containers are properly secured.

Container Inspection
Airlines and air consolidators procedures must be in place to verify the physical integrity of the cargo containers prior to stuffing. An inspection process is recommended for all containers:

  • Top
  • Bottom
  • Inside
  • Outside
     
 


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NOTICE: Information, rate indications, etc. supplied are for informational purposes only and subject to change without notice.  No such information shall be binding upon W. R. Zanes & Co. of La., Inc., unless it, in writing, agrees to assume such risk and responsibility for compensation; and provided under our Terms & Conditions of Service.  Shipments are handled under same Terms and Conditions of Service, appearing in our invoice, copy furnished on request or available on our website: www.wrzanes.com.

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