On November 7, 2019 the Office of the U.S. Representative (USTR) released a notice granting and additional 36 exclusions from the 301 China duties.
Prior, on October 28, 2019, the Federal Register notice (84 FR 57802) was issued notating that these exclusions would be retroactive to September 24, 2018 and extends through August 7, 2020.
CBP also issued CSMS #40564257, dated November 8th, 2019, providing guidance on filing List 3 product exclusions. Per the CSMS, the exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 57803, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion.
As a reminder, for refunds, post-summary correction (PSC) filings can be made by the importer directly or any licensed broker; not just party who filed the original entry.
According to this Federal Register notice, CBP is proposing amendments to the current broker verification regulations, and WOW!, it’s going to be a lot of additional work for the broker. This proposed amendment will require customs brokers to collect certain information from importers to enable the broker to verify the identity of an importer.
CBP believes this additional
scrutiny will help to prevent fraud and impede the creation of shell companies
by importers looking to evade CBP laws.
following information is what CBP is suggesting, at minimum:
The client’s name;
For a client who is an
individual, the client’s date of birth;
For a client that is a
partnership, corporation, or association, the grantor’s date of birth;
For a client that is a
partnership, corporation, or association, the client’s trade or fictitious
The address of the
client’s physical location (for a client that is a partnership, corporation, or
association, the physical location would be the client’s headquarters) and
The client’s email address
and business website;
A copy of the grantor’s
unexpired government-issued photo identification;
The client’s Internal
Revenue Service (IRS) number, employer identification number (EIN), or importer
of record (IOR) number;
The client’s publicly
available business identification number (e.g., Data Universal Numbering
System (DUNS) number, etc.);
A recent credit report;
A copy of the client’s business registration and license with
state authorities; and
The grantor’s authorization to execute power of attorney on behalf
of the client.
The comment period is open to the public until October 15th, 2019 and may be submitted through the Federal eRulemaking Portal here.