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18-0927 Thursday “Daily Bugle”

18-0927 Thursday “Daily Bugle”

Thursday, 27 September 2018

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The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
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  1. DHS/CBP Seeks Comments on Form 6059B, Customs Declaration 
  2. DHS/CBP Seeks Comments on Form 7507, General Declaration 
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP Deploys ACE Drawback Items to ACE Certification
  4. DHS/CBP Voids Inactive Importer of Record 
  5. State/DDTC: (No new postings.) 
  1. Expeditors News: “U.S. Customs Publishes ACE Reports QRC”
  2. ST&R Trade Report: “U.S., Japan to Launch Talks on Bilateral Trade Agreement”
  3. WorldECR News Alert, 27 Sep
  1. “9th Annual ‘Partnering for ComplianceTM‘ West Export/Import Control Conference” on 16-18 Oct, Ft. Worth, TX; Customs/Import Boot Camp on 19 Oct
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (19 Sep 2018), DOD/NISPOM (18 May 2016), EAR (26 Sep 2018), FACR/OFAC (29 Jun 2018), FTR (24 Apr 2018), HTSUS (14 Aug 2018), ITAR (30 Aug 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1
. DHS/CBP Seeks Comments on Form 6059B, Customs Declaration

(Source: Federal Register, 27 Sep 2018.) [Excerpts.]
 
83 FR 48837-48838: Agency Information Collection Activities: Customs Declaration
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; Extension of an existing collection of information. …
* DATES: Comments are encouraged and will be accepted (no later than October 29, 2018) to be assured of consideration.
* ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to dhsdeskofficer@omb.eop.gov.
* FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to Seth Renkema, Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 20229-1177, Telephone number (202) 325-0056 or via email CBP_PRA@cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP website.
* SUPPLEMENTARY INFORMATION: …
  – Title: Customs Declaration.
  – OMB Number: 1651-0009.
  – Form Number: CBP Form 6059B.
  – Abstract: CBP Form 6059B, Customs Declaration, is used as a standard report of the identity and residence of each person arriving in the United States. This form is also used to declare imported articles to U.S. Customs and Border Protection (CBP) in accordance with 19 CFR 122.27, 148.12, 148.13, 148.110, 148.111; 31 U.S.C. 5316 and section 498 of the Tariff Act of 1930, as amended (19 U.S.C. 1498).
  Section 148.13 of the CBP regulations prescribes the use of the CBP Form 6059B when a written declaration is required of a traveler entering the United States. Generally, written declarations are required from travelers arriving by air or sea. Section 148.12 requires verbal declarations from travelers entering the United States. Generally, verbal declarations are required from travelers arriving by land. CBP continues to find ways to improve the entry process through the use of mobile technology to ensure it is safe and efficient. To that end, CBP is testing the operational effectiveness of a process which allows travelers to use a mobile app to submit information to CBP prior to arrival. This process, called Mobile Passport Control (MPC) which is a mobile app that allows travelers to self-segment upon arrival into the United States–a process also known as intelligent queuing. Another electronic process that CBP is testing in lieu of the paper 6059B is the Automated Passport Control (APC). This is a CBP program that facilitates the entry process for travelers by providing self-service kiosks in CBP’s Primary Inspection area that travelers can use to make their declaration.
  A sample of CBP Form 6059B can be found here. …
 
  Seth D. Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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EXIM_a2

2
. DHS/CBP Seeks Comments on Form 7507, General Declaration

(Source: Federal Register, 27 Sep 2018.) [Excerpts.]
 
83 FR 48838-48839: Agency Information Collection Activities: General Declaration
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; Extension of an existing collection of information. …
* DATES: Comments are encouraged and will be accepted no later than October 29, 2018 to be assured of consideration.
* ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to dhsdeskofficer@omb.eop.gov.
* FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to Seth Renkema, Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 20229-1177, Telephone number (202) 325-0056 or via email CBP_PRA@cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP website.
* SUPPLEMENTARY INFORMATION: …
  – Title: General Declaration (Outward/Inward) Agriculture, Customs, Immigration, and Public Health.
  – OMB Number: 1651-0002.
  – Form Number: Form 7507.
  – Action: CBP proposes to extend the expiration date of this information collection with no change to the burden hours. There is no change to the information collected or CBP Form 7507. …
  – Abstract: An aircraft commander or agent must file CBP Form 7507, General Declaration (Outward/Inward) Agriculture, Customs, Immigration, and Public Health at the time of arrival for all aircraft required to enter pursuant to 19 CFR 122.41 and at the time of clearance for all aircraft departing to a foreign area with commercial airport cargo pursuant to 19 CFR 122.72. This form is used to document clearance and inspections by appropriate regulatory agency staffs. CBP Form 7507 collects information about the flight routing, the number of passengers embarking and disembarking, the number of crew members, a declaration of health for the persons on board, and details about disinfecting and sanitizing treatments during the flight. This form also includes a declaration attesting to the accuracy, completeness, and truthfulness of all statements contained in the form and in any document attached to the form.
  CBP Form 7507 is authorized by 42 U.S.C. 268, 19 U.S.C. 1431, 1433, and 1644a; and provided for by 19 CFR 122.43, 122.52, 122.54, 122.73, 122.144, 42 CFR 71.21 and 71.32. This form is accessible here. …
 
  Seth D. Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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OGSOTHER GOVERNMENT SOURCES

OGS_a13. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

* Commerce; Industry and Security Bureau; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals [Publication Date: 28 September 2018.]:
  – Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum
  – Procedures for Submitting Requests for Objections from the Section 232 National Security Adjustments of Imports of Steel and Aluminum

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(Source:
CSMS #18-000569, 27 Sep 2018.)
 
The following ACE Drawback items deployed this morning to the ACE Certification environment:
 
  – Modify UOM validation to match against invoices (Excluded drawback provisions 57, 58 and 65 from validation for error D102).
  – Modify validations for errors 536, 537, 538 to allow Trade to file updates to ACS migrated claims – Part 1.
 
P.S.: An update of the latest Drawback error dictionary will soon be posted on the cbp.gov web site.

* * * * * * * * * * * * * * * * * * * * 

(Source:
CSMS #18-000568, 27 Sep 2018.)
 
This message is a reminder to the trade community that, in accordance with 19 CFR 24.5(e), CBP will void any Importer of Record number in the Automated Commercial Environment (ACE) that is deemed to be inactive. A system update will occur to void these inactive records.
 
Should you have questions, please email the OT/Commercial Operations, Revenue and Entry (CORE) Division at 5106@cbp.dhs.gov.
 
  – Related CSMS No. 18-000472

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NWSNEWS

(Source:
Expeditors News, 26 Sep 2018.)
 
On September 24, 2018, U.S. Customs and Border Protection (CBP) published the Quick Reference Card (QRC) on the Automated Commercial Environment (ACE) reports.
The QRC provides the steps an ACE Portal user would take to navigate the ACE Reports Workspace module.
 
The ACE Reports QRC may be found
here.

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The U.S. and Japan announced Sept. 26 plans to launch negotiations for a bilateral trade agreement on goods, as well as other key areas including services, that can produce “early achievements.” The two countries also intend to hold talks on other trade and investment items following the completion of the trade agreement discussions.
 
According to a joint statement by President Trump and Prime Minister Shinzo Abe, the U.S. is seeking market access outcomes in the motor vehicle sector that will increase production and jobs in the U.S. in the motor vehicle industries. For its part, Japan said the market access outcomes for agricultural, forestry, and fishery products reflected in its previous economic partnership agreements “constitute the maximum level.”
 
The two leaders also pledged to strengthen cooperation to protect their companies and workers from non-market oriented policies and practices by third countries, including by promoting discussions on World Trade Organization reform and e-commerce and addressing unfair trading practices such as intellectual property theft, forced technology transfer, trade-distorting industrial subsidies, distortions created by state-owned enterprises, and overcapacity.
 
The statement indicated that Washington and Tokyo will “refrain from taking measures against the spirit of this joint statement during the process of these consultations,” which suggests that Japan could be excluded from any import tariff increases the Trump administration might impose following its ongoing Section 232 national security investigation of automobiles and auto parts. The two sides added that they will “make efforts for the early solution of other tariff-related issues,” which could include the higher duties the U.S. has levied against steel and aluminum imports.

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(Source:
WorldECR, 27 Sep 2018.)
 
  (1) European partners, Russia and China propose SPV to keep Iran business moving
  (2) US attempts to curb Russia further in retaliation for its ‘malign activities’
  (3) Calls for new controls on exports of plastic waste
  (4) EU updates sanctions on North Korea, Libya and Iraq
  (5) Wanted: comments on European Commission’s draft guidelines for ICPs
 

[Editor’s Note: 
Click here to find information on how to subscribe to WorldECR, the journal of export controls and sanctions.]

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TECEX/IM TRAINING EVENTS & CONFERENCES

(Source: A. E. NicPhaidin,
Info@PartneringForCompliance.org)
 
* What: The 9th Annual “Partnering for ComplianceTM” West will focus intensely on a broad spectrum of export/import regulatory and compliance matters of current relevance to companies and individuals involved in global trading. Senior-level government officials and trade experts will provide first-class training.
* Where: Dallas-Fort Worth Marriott South Airport Hotel (completely renovated)  
* When:
  – Tue – Thurs, 16-18 Oct: “9th Annual ‘Partnering for ComplianceTM‘ West Export Control Program
  – Fri, 19 Oct: 1-Day Program “Customs/Import Boot Camp”
* Speakers confirmed: DoS/DDTL: Terry Davis & Audra Collins; DoS/DDTC: Jae Shin; DoC/BIS: Bryce Bewley & Mary Quach & OEE James Fuller; DoD/DTSA: Ken Oukrop; OFAC: Anthony D. Musa (Licensing) & Michael Szustakowski (Enforcement); Census Bureau: Dale Kelly; DHS/CBP: O’Ruill D. McCanlas; ICE: Dean Fittz; UK/EU: David Hayes Export Controls; Imports: Braumiller Law Group PLLC: Adrienne Braumiller & Bruce Leeds; and U.S. trade.
* Opening Keynote Address: TBA (Invited)
* Cost: Export 3-day program: $650. Customs/Import 1-day program: $250. Both programs: $900.
* Remarks: Maximum capacity is 200 participants to maintain informal and collaborative environment.
* As time permits, all Government and trade speakers will informally hold short “one-to-one” meetings with participants on a “first-come, first-served” basis.
* Certificates of Completion granting: 4.5 IIEI CEUs and 20
CES NCBFAA Credits for 3-day Exports program, and 6.5 CCS NCBFAA Credits for 1-day Customs/Import Boot Camp will be awarded for each program.
* More information:
 
Here

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ENEDITOR’S NOTES

Red Auerbach (Arnold Jacob “Red” Auerbach; 1917 -2006; was an American basketball coach of the Washington Capitols, the Tri-Cities Blackhawks and the Boston Celtics. As a coach, he won 938 games (a record at his retirement) and nine National Basketball Association (NBA) championships in ten years.)
  – “Just do what you do best.” 
  – “Natural abilities are like natural plants; they need pruning by study.”
 
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EN_a313
. Are Your Copies of Regulations Up to Date?
(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments to applicable regulations are listed below.
 
*
ATF ARMS IMPORT REGULATIONS
: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment: 15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm. 
 
*
CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199
  – Last Amendment: 19 Sep 2018: 83 FR 47283-47284: Extension of Import Restrictions Imposed on Archaeological Material From Cambodia  

 
DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M

  – Last Amendment: 18 May 2016: Change 2
: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary 
here
.)


EXPORT ADMINISTRATION REGULATIONS (EAR)
: 15 CFR Subtit. B, Ch. VII, Pts. 730-774

  – Last Amendment: 26 Sep 2018: 83 FR 48532-48537: Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List and Removal of an Entity From the Entity List 

 
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

  – Last Amendment: 29 June 2018: 83 FR 30541-30548: Global Magnitsky Sanctions Regulations; and 83 FR 30539-30541: Removal of the Sudanese Sanctions Regulations and Amendment of the Terrorism List Government Sanctions Regulations 

 
*
FOREIGN TRADE REGULATIONS (FTR)
: 15 CFR Part 30
  – Last Amendment: 24 Apr 2018: 3 FR 17749-17751: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates
  – HTS codes that are not valid for AES are available
here.
  – The latest edition (30 Apr 2018) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and approximately 250 footnotes containing case annotations, practice tips, Census/AES guidance, and explanations of the numerous errors contained in the official text. Subscribers receive revised copies in Microsoft Word every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance websiteBITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Government employees (including military) and employees of universities are eligible for a 50% discount on both publications at www.FullCircleCompiance.eu.  
 
*
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jan 2018: 19 USC 1202 Annex. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)
  –
Last Amendment: 14 Aug 2018: Harmonized System Update 1812, containing 27 ABI records and 6 harmonized tariff records.
 

  – HTS codes for AES are available 
here.
  – HTS codes that are not valid for AES are available 
here.
 
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130.
  – Last Amendment: 30 Aug 2018:
83 FR 44228-44229
, USML Chapter XI(c).

  – The only available fully updated copy (latest edition: 30 Aug 2018) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III. The BITAR contains all ITAR amendments to date, plus a large Index, over 800 footnotes containing amendment histories, case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text. Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment.
The BITAR is available by annual subscription from the Full Circle Compliance
 
website
. BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please
contact us
to receive your discount code.

 
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EN_a0314
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

Review last week’s top Ex/Im stories in “Weekly Highlights of the Daily Bugle Top Stories” published 
here

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EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, Alex Witt. The Ex/Im Daily Update is emailed every business day to approximately 6,000 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission, provided attribution is given to “The Export/Import Daily Bugle of (date)”. Any further use of contributors’ material, however, must comply with applicable copyright laws.  If you would to submit material for inclusion in the The Export/Import Daily Update (“Daily Bugle”), please find instructions here.

* CAVEAT: The contents of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.


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