90-day suspension of tariff payments.

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Last Sunday, the Treasury Department and U.S. Customs and Border Protection announced a rule delaying payment of tariffs on certain goods coming into the US for 90 days. The announcement indicated the U.S. importer seeking a 90-day delay must “demonstrate a significant financial hardship” and also must have work operations that are “fully or partially suspended during March or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings.”

While providing some relief to importers, the announcement was not a complete tariff delay for all imports as was sought by retailers. Other noticeable exceptions to the 90-day delay included steel and aluminum imports from China along with antidumping and countervailing duties.

If you are interested in seeing if your company is able to defer duty payments, contact experienced trade attorney David Hsu by phone/text anytime to 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CSMS – info for importing PPE and medical devices during COVID-19.

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According to Cargo Systems Messaging Service (CSMS #42448725) titled: Information for Filing Personal Protective Equipment and Medical Devices During COVID-19.

Today the FDA provided an update for instructions to importers of personal protective equipment and certain other devices.

General purpose (non-FDA-regulated) personal protective equipment such as masks, respirators, gloves, etc or for industrial use (ie not to prevent disease or illness) is not regulated by the FDA, and as such entry information does not need to be transmitted to the FDA. The entry paperwork only needs to include the correct HTS code and the importer or customs broker should include the FD1 flag and “disclaim” for FDA.

On the other hand, products authorized for emergency use pursuant to an Emergency Use Authorization (EUA) do need to have the entry information submitted to the FDA. During the time of the coronavirus pandemic, however, the FDA information is less than prior to the pandemic.

Goods that are authorized by the EUA include:

· Non-NIOSH-Approved Respirators: 80QKU

· NIOSH-Approved Respirators

· Face Masks (Non-Surgical)

· Diagnostic Tests Kits

· Ventilators

· Face Shields

· Respirator Decontamination Systems

· Extracorporeal Blood Purification Devices

· Infusion Pumps

· Ventilators

· Diaphragmatic Pacing Simulator Systems

The full text of the CSMS can be found here.

If you  have any questions about your upcoming PPE or medical device import or want to ensure you are in compliance, contact experienced trade attorney David Hsu by phone/text at 832-896-62988 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

New Update – Port of Anchorage, Alaska closed.

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I earlier posted about CSMS #42243866, in which the Port of Anchorage was closed Thursday and Friday due to an employee testing positive for COVID-19. However, CBP subsequently released CSMS #42247648 in which they announced the Federal Building at 605 West 4th Avenue, Anchorage, Alaska that houses the CBP Area Port office (3126) is now closed for at least 14 days.

The CSMS further announces any documents (entry packages, FP&F payments, petitions, etc.) that would be sent to the 605 West 4th Avenue address should be submitted to: CBP Cargo Office at Ted Stevens International Airport (4600 Postmark Drive, Room NA207, Anchorage, Alaska, 99502).

The Anchorage Seaport and Cargo operations are still running and business as usual.

Hope the employee has a quick and speedy recovery!

Port of Anchorage (3126) closed Thursday and Friday due to the coronavirus.

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According to the CBP Cargo Systems Messaging Service (#42243866), the Port of Anchorage, Alaska (port code 3126) located at 604 West Avenue, Anchorage, Alaska will close for the rest of the week due to an employee testing positive for COVID-19. The CSMS says the port may close for a total of 14 days.

Customs, trade, import/export or compliance question? Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

 

CBP may approve additional days to pay duties, taxes and fees due to COVID-19.

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According to “CSMS #42097586 – Additional Days for Payments due to COVID-19”, U.S. Customs and Border Protection (CBP) will now approve (although on a case-by-case basis) additional days for payment of duties, taxes and fees. As this was just announced, CBP will issue another message with more information.