DISCLAIMER: This is not intended to be a rant on CBP. I respect the office and institution, however, speaking as an importer of a wide variety of commodities I strongly feel that there is a need to shed a spotlight on very real opportunities that would be considered mutually beneficial.

Top Areas In Need of New/Updated Informed Compliance Publications

1. Ceramics (namely, available in specified sets) - I cannot tell you how many calls, Customs inquiries and rejected PSAs I’ve received regarding ceramic dinnerware and other tableware. I have certainly done my due diligence, called (and talked to) the NIS, kept detailed notes and, when exercising the “available in specified sets” provision make sure the vendor provides an affidavit supporting the availability of the set pieces, a item and price list and copies of their catalog pages and/or website catalog. STILL, I get the calls. I was even asked to bring a sample by an unnamed Port office and had to explain what “available in specified sets” really meant because the particular import specialist I was talking to was “a bit unclear.” An ICP for ceramics would not only keep those of us in the trade informed and knowledgable but would help educate Customs’ own field people.
2. Wood Products (and all of Chapter 44) – Sources inside Customs even say this Chapter is a mess. My previous post in regard to the bamboo exclusion except for flooring still throws me. The growing number of “sustainable” items being manufactured out of bamboo and other sustainable wood sources is going to crush the poor wood team at Customs because it is not intuitive to classify solid hard wood bamboo vases (for instance) as baskets under Chapter 46. Just does not make sense.
3. Valves (and the whole 8481 subheading) - When a ceramic beverage jar is ruled as a valve but a glass beverage jar is ruled as an article of glass there is a real disconnect somewhere in Customsland. As an importer, I feel set up to fail. An ICP specific to this area would help the importer but would indirectly force Customs to get on the same page across all commodities – or at least one would hope.
4. Ribbon (and like trimmings) - I don’t even know where to start. There are so many possible areas for classifying ribbon it gets hard to keep track of (and train to!)
5. Festive - A REAL guide to help the importer understand what is/is not festive would be incredibly helpful!

More to come! Fortunate for me there is no shortage of material to work with! Stay tuned for additions to the list!

Someone help me! Someone help me figure out how to get myself a red phone to Customs & Border Protection so that I can spoon feed them all the areas of the Tariff that are in dire need of clarity and a good old fashioned common sensical makeover! Someone tell me who to call to demand an informed compliance publication so that I don’t tear my hair out trying to classify something, do all the due diligence and STILL get my back-end handed to me whenever Customs happens to disagree with my results.

So, let me get this straight, Customs is going to demand the world from the U.S. importer, throw this big fatty book at them and say “figure it out” and even though the book itself reads like a real bad Choose Your Own Adventure story from the 80’s with twists turns and contradicting statments Joe Importer is going do their damndest but Customs will still come down on them if they should happen to get the classificaiton wrong anyhow?! I guess that is the way it is. Oh, I do my share of rulings but COME ON!! Should you really have to submit for rulings for EVERYTHING!?! The importer doesn’t want that. Customs surely doesn’t want that.

In case you are wondering why I am griping today…try classifying a solid wood bamboo vase. Chapter 44 explicitly excludes bamboo but the chapter itself provides for bamboo flooring. The note should change to exclude bamboo UNLESS it is flooring. Chapter 44 is a fine mess and needs work – especially since the green thing to do these days is make everything from sustainable materials of which the world is marketing bamboo as the salvation. Puhleeze.

Okay. I feel better now.

Now, I may be the TradeGURU but there a couple guys that have developed a GENIUS idea!

ImportGenius.com allows users to monitor their suppliers and watch their competitors’ imports by datamining the mass volumes of import data made available by the Freedom of Information Act. Genius, really, but I almost feel violated and a little sad that I didn’t develop this plan myself – lord knows we’ve all talked about it!

Although I am all about using data to monitor performance and develop efficiency there is something to be said for keeping one’s import data confidential. Not everyone knows but you can request to keep your import manifest data confidential. See 19 CFR 103.31 for the steps for requesting this confidentiality.

Not that there aren’t more things in the world to be concerned with at present but did you know that the U.S. House passed the Captive Primate Safety Act that would further amend the Lacey Act by adding “nonhuman primates” to the list of “live animal of any prohibited wildlife species?” The proposed legislation would amend the existing law that states it is “unlawful for any person to import, export, transport, sell, receive, acquire or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species.” Really?

One can’t really blane Congress though…I mean, honestly. There is a little deal going on in Iraq, oil prices are through the roof, the U.S. in in the midst of a housing crisis, the polar bears [and the midwest] are drowning, – it is fire and brimstone everywhere one turns. Why WOULDN’T Congress want to play with the monkeys?! Ah, the lighter side of legislation!

If you’d like to read more here is a great article from the Chicago Tribune that role plays how you might introduce yourself to your new inmates if charged with owning a pet monkey and Nicole Kurokawa also coined the term “anti-monkey state.” I like that. Thank you Nicole! (http://www.chicagotribune.com/news/opinion/chi-oped0625monkeyjun25,0,4878643.story)

Now as far as the Lacey Act illegal logging thing goes…I am seeking guidance and information about the Farm Bill amendment to the Lacey Act and when it will be enacted and enforced. It is my understandting that this amendment redefines the term “plant” (to include tree and tree parts) and will [in theory] crack down on the illegal use of endangered plant/wood materials. Additionally, the amendment appears to have requirements similar to the information needed to meet the Fish & Wildlife requirements – once enacted, importers (and exporters too?) will be required to file a declaration for ALL wood/plant material items upon importation that contains:

• the scientific name of any plant (including the genus and species) contained in the importation
• a description of the value and quantity (including the unit of measure) of the importation and
• the name of the country from which the plant was taken

The latest news is this…neither CBP nor USDA/APHIS nor Fish & Wildlife really have any specific information at this time regarding when the Bill’s provisions will be enacted (or which agency/agencies will actually be enforcing it) but I do know that the Office of International Trade will be meeting with the USDA/APHIS office soon to discuss this issue so stay tuned because there are A LOT of wood products coming into the U.S. in mass volumes and I am looking at this wave of imports and wondering what this enactment will do to Customs clearance times…?

Like Oprah and her “Oprah’s favorite things” I believe in sharing great tools and valuable products that make sense and solve a need. Customs Info is one of those products. If you are in the business of international trade compliance and do not subscribe to Customs Info then you are truly missing out on being a rockstar in your company. Heck, even if they only offered their online and searchable explanatory notes I’d be happy but WAIT THERE’S SO MUCH MORE!!!

The only global trade content company focused on trade application content. We do not sell software, brokerage services or move freight. We focus on global trade content that makes your existing solutions work better. Utilizing our network of global trade sources, CUSTOMS Info enables our clients to increase supply chain velocity and decrease global duty spending. (from their website, http://www.customsinfo.com/)

Why I HEART Customs Info…They offer webinars. Their next webinar is on July 22nd all about 10 + 2. They are also constantly adding value to their system. Current example is their release of other government agency (OGA) indicators to their online  HTSUS which is a huge help in providing visibility to the trade! They have current and applicable services such as their Gender & Age Discrimiation Duty Refund Calculator. Finally, they offer FREE training! “…With 50,000 more rulings than CROSS and free Explanatory Notes from the WCO, no one with a license to CUSTOMS Info should be using CROSS. Want to increase your efficiency? Schedule a training class today.”

Now, if they could just develop electronic sticky notes for their electronic HTSUS so that I could still use my old school notes approach to marking up my Tariff! Wouldn’t it be great if you could just log in and your profile would maintain all your notes until you modify them?! This would certainly solve the tedious task of “updating your Tariff” book going page by page and trying to figure out which notes to keep and which to toss. Customs Info guys, if you are reading this, I really think there is something there…

Oh, and contrary to what you might think…I did not receive any kick-backs for this glowing recommendation!