Decrementing Export Licenses in the Automated Commercial Environment (ACE)

As of July 28, 2016, the Bureau of Industry and Security (BIS), working with U.S. Customs and Border Protection, deployed a new AES function to assist filers reporting BIS-licensed exports. AES began decrementing the BIS license value and now returns one or more Informational Messages to the filer. These messages will not preclude the issuance …

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Recent AD/CVD Order Country and Product Trends

In the last 12 months, Anti-Dumping/Countervailing Duty (AD/CVD) orders against countries other than China are increasingly on the rise. The U.S. has continued to follow a dramatic five-year trend of involving multiple new countries such as Vietnam, Turkey, and Korea.  China has historically been the country most likely to be the subject of an AD/CVD …

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Storing Export Controlled Data in the Cloud – What’s the Latest?

It is common these days for individuals and companies to store data in the “cloud”, which means that a server, or sets of servers located here, there, and everywhere are connected via the Internet. Is there a problem if that data is export controlled? Example 1 – A company has technical data controlled under the …

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Changes to CBP’s Entry Reconciliation Program

Come October 1, 2016, CBP’s entry reconciliation program is scheduled to transition to the Automated Commercial Environment (ACE) from the Automated Commercial System (ACS), and with it, there will be an important change to the program. CBP will no longer be applying blanket flags to entry summaries. Under the current process, when an importer applies …

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Qualifying for NAFTA Preference on a De minimis Basis – A Closer Look

Many trade compliance professionals have a general understanding of the De minimis rule found under NAFTA Note 12(f)(i) and 12 (f)(ii), which can be applied in certain cases to qualify a good as originating when the good otherwise fails to qualify on a tariff shift or RVC basis. The 12(f)(i) De minimis rule in general …

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BIS Issues Final Rules on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases

On June 22nd, the U.S. Commerce Department Bureau of Industry and Security (BIS) promulgated its final version of the revision of enforcement guidelines (effective July 22, 2016).  BIS proposed its initial revisions in December 2015. Concerns regarding the proposed revisions included the proposed base penalty amounts, mitigation factors, related violations, warning letters, and the treatment of Voluntary …

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U.S. Implementation of WTO ITA Expansion Begins

In July, the Office of the United States Trade Representative (USTR) announced it has begun the process of implementing the expansion of the World Trade Organization (WTO) Information Technology Agreement (ITA). The process will be completed over the next 3 years. Once fully implemented, American technology exports will be freed from over $180 billion in …

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CBP SIGNALS CHANGE AHEAD WITH NEW REGULATORY AUDIT PROCEDURE

Trade Alert! CBP SIGNALS CHANGE AHEAD WITH NEW REGULATORY AUDIT PROCEDURE CBP officials with the Office of Regulatory Audit recently discussed changes to their approach to auditing importers for compliance, along with the possibility of issuing penalties for non-compliance, in a meeting with representatives for the Washington D.C., based American Association of Exporters and Importers …

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