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News / Regulatory Updates

TEMPORARY INCREASE OF THE TMF/PIERPASS AT PORTS OF LOS ANGELES AND LONG BEACH – EFFECTIVE DECEMBER 1, 2021 – JANUARY 31, 2022

The West Coast MTO Agreement (WCMTOA) announced on November 10, 2021, the Traffic Mitigation Fee (TMF) at the Ports of Los Angeles and Long Beach will be temporarily increased from December 1, 2021, through January 31, 2022, subject to regulatory clearance by the Federal Maritime Commission.

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U.S.– E.U. REACH AGREEMENT ON SECTION 232 STEEL AND ALUMINUM TARIFFS

On Sunday, October 31, 2021, the United Sates and the European Union announced in a Joint Statement on Trade in Steel and Aluminum that the U.S. would remove the section 232 tariffs and the E.U. would suspend related tariffs on U.S. products. In addition to the removal of tariffs both will also suspend their related World Trade Organization disputes.

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LA/LB “EMERGENCY FEE” SURCHARGE

In reaction to the ongoing historic container port congestion, the Biden Administration announced on October 25th that effective November 1, 2021, the ports of Los Angeles and Long Beach will begin charging an “emergency fee” on all long dwelling cargo.

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USTR REQUESTS COMMENTS ON REINSTATING CERTAIN CHINA SECTION 301 EXCLUSIONS

The USTR has announced that it is inviting public comments on whether to reinstate any of the 549 China Section 301 product exclusions that had previously been extended but are now expired. This represents only a small portion of the original 2,200 total product exclusions previously approved by the USTR which were allowed to expire without extension.

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VIETNAM – SECTION 301 INVESTIGATION – TIMBER DETERMINATION

On Friday, October 1, 2021, the United States Trade Representative (USTR) office announced an agreement to resolve the Timber Section 301 Investigation. The agreement secures commitments that will help keep illegally harvested or traded timber out of the supply chain and protect the environment and natural resources.

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EGYPT IMPLEMENTS NEW ADVANCE CARGO INFORMATION DECLARATION FOR IMPORTERS

Effective October 1, 2021, Egypt has implemented a new Advance Cargo Information Declaration (ACID). Shipments departing origin after October 1, 2021, without an ACID number will be rejected and returned to origin. 

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U.S. CUSTOMS UPDATES GUIDANCE FOR U.S. AND FOREIGN GOODS RETURNED USING HTS SUBHEADING 9801.00.10

On Friday August 20, 2021, U.S. Customs and Border Protection (CBP) sent out Cargo Systems Messaging Service CSMS #49132200 which provided guidance to importers and brokers regarding Harmonized Tariff System (HTS) subheading 9801.00.10 for U.S. and Foreign Goods Returned.  

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CUSTOMS USER FEES AND LIMITATIONS INCREASED

Effective October 1, 2021, U.S. Customs and Border Protection will proceed in adjusting certain customs user fees pursuant to the Consolidated Omnibus Budget Reconciliation Act (COBRA) for Fiscal Year 2022 in Accordance with the Fixing American’s Surface Transportation Act (FAST Act) as implemented by CBP regulations.

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CANADIAN BORDER SERVICE AGENCY VOTES TO STRIKE

On July 26, the Public Service Alliance of Canada (PSAC) on behalf of the Customs and Immigration Union (CIU) announced that the Border Services Officers (FB) have voted to strike starting August 6, 2021. This group includes the Canadian Border Service Agency (CBSA) Officers and is the result of an impasse in negotiations between their union and the Canadian Government. Immediately following the announcement of strike the two sides did agree to restart negotiations.

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GOVERNMENT ADVISORY ENCOURAGES SUPPLY CHAINS CONNECTED TO XINJIANG REGION TO EXIT

On Tuesday, July 13, 2021, a 36 page Joint Xinjiang Supply Chain Advisory was published by the Department of State, Department of Treasury, Department of Commerce, Department of Homeland Security, United States Trade Representatives and the Department of Labor.

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