The National Association of Foreign-Trade Zones ZON REPORT · 2018-05-03 · ZON REPORT APRIL 2014...

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The National Association of Foreign-Trade Zones The National Association of Foreign-Trade Zones Partnership. Pride. Prosperity. 1001 Connecticut Ave NW Suite 350 | Washington DC 20036 | 202.331.1950 202.331.1994 fax | www.naftz.org 1 CHAIRMAN’SLETTER It’s my pleasure to share plenty of good news with you this month. As you know, when the World Free Zones Organization (WFZO) entered its early development, the NAFTZ was asked to represent U.S. Foreign-Trade Zones which are, not surprisingly, the world standard bearer for compliance. NAFTZ representatives Julie Brown, Ken Carlstedt and Dan Griswold played key roles in finalizing guiding principles and drafting by-laws for the WFZO. Ken will continue to represent the NAFTZ on the WFZO board of directors. Incorporated in Switzerland, the WFZO will be based in Dubai. The fledgling organization promises opportunities to share best practices and to research worldwide zone information. Resulting from new relationships and interaction with the WFZO, NAFTZ Board member Amie Ahanchian accepted a request to speak about U.S. FTZ supply chain security, at a World Customs Organization session in Brussels, held in late March. More details from Amie follow in this issue of Zones Report. On the U.S. FTZ front, FTZ Board Executive Secretary Andrew McGilvray has invited NAFTZ to submit recommendations for reprogramming OFIS. NAFTZ comments will be due by May 31, 2014. A working group consisting of representatives from the Operators/Users Committee, Grantee Committee, Automation Committee and Petroleum Committee plans to submit sugges- tions for change. The Export Reporting Working Group will review and vet recommendations for submission to the FTZ Board. With representation from so many of our stakeholders, we welcome this outstanding opportunity to contribute to improving the OFIS programming structure. Your Board of Directors in March established an Advisory Council composed of all past Board Chairs, with your Immediate Past Chairman of the Board serving as the chair of the council and the current Board Chair serving as the liaison between the Advisory Council and the Board. Originally established in 2007 but never implemented, the council promises a structured engagement with past chairs, ensuring their experience and talents remain an integral part of leadership for years to come. Each NAFTZ past chair merits our gratitude for their many contributions. We are in preliminary stages of setting up our next quarterly meet- ings with CBP Office of Field Operations, and additional meetings with the FDA and EPA to address members’ emerging concerns and ongoing issues. NAFTZ Committee Chairs never fail to report topics of interest from committee members. If you have not yet joined a committee, I encourage you to contact a chairperson or engage one of them in conversation at the NAFTZ Spring Seminar, May 4-6 in Seattle: • Program Committee, Chair Shannon Fura • Grantee Committee, Chair Angie Atwood • Operators/Users Committee, Chair Lesley Couch • Membership Committee, Chair Cornelia Steinert • Policy Committee, Chair David Murphy • Automation Committee, Chair Liz Connell • Certification Committee, Chair Sean Lydon • Customs Committee, Chair Curtis Spencer • Regulatory Committee, Chair Sean Murray • Petroleum Committee, Chair Harvey Lewis CONTENTS CHAIRMAN’SLETTER PRESIDENT’SLETTER NAFTZ NEWS Don’t Forget to Register for the NAFTZ Spring Seminar, May 4-6.... 4 NAFTZ Board of Directors Member Presents on U.S. FTZ Program at the World Customs Organization ... 4 NAFTZ ACE Task Force Collaborates with CBP to Produce FTZ Automation Participant Checklist ... 5 FTZ COMMUNITYNEWS Zone the Month: FTZ No. 289 in Ontario County, New York ........... 9 Port of Seattle Produces FTZ Educational Video ..................... 9 Woodbury County, Iowa, seeks to become foreign-trade zone .......... 9 TRADE NEWS Vancouver port truckers reach deal to end strike........................... 12 U.S., EU Leaders Skirt Around Tariffs, Regulations In Summit Statement ............................. 12 US Trade Representative Mike Froman to Testify at Senate Finance Committee Hearing .................. 12 REGULATORY UPDATE THANK YOU TO OUR SPONSORS

Transcript of The National Association of Foreign-Trade Zones ZON REPORT · 2018-05-03 · ZON REPORT APRIL 2014...

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The National Association of Foreign-Trade Zones

The National Association of Foreign-Trade Zones Partnership. Pride. Prosperity. 1001 Connecticut Ave NW Suite 350 | Washington DC 20036 | 202.331.1950 202.331.1994 fax | www.naftz.org 1

CHAIRMAN’SLETTERIt’s my pleasure to share plenty of good news with you this month. As you know, when the World Free Zones Organization (WFZO) entered its early development, the NAFTZ was asked to represent U.S. Foreign-Trade Zones which are, not surprisingly, the world standard bearer for compliance. NAFTZ representatives Julie Brown, Ken Carlstedt and Dan Griswold played key roles in finalizing guiding principles and drafting by-laws for the WFZO. Ken will

continue to represent the NAFTZ on the WFZO board of directors. Incorporated in Switzerland, the WFZO will be based in Dubai. The fledgling organization promises opportunities to share best practices and to research worldwide zone information.

Resulting from new relationships and interaction with the WFZO, NAFTZ Board member Amie Ahanchian accepted a request to speak about U.S. FTZ supply chain security, at a World Customs Organization session in Brussels, held in late March. More details from Amie follow in this issue of Zones Report.

On the U.S. FTZ front, FTZ Board Executive Secretary Andrew McGilvray has invited NAFTZ to submit recommendations for reprogramming OFIS. NAFTZ comments will be due by May 31, 2014. A working group consisting of representatives from the Operators/Users Committee, Grantee Committee, Automation Committee and Petroleum Committee plans to submit sugges-tions for change. The Export Reporting Working Group will review and vet recommendations for submission to the FTZ Board. With representation from so many of our stakeholders, we welcome this outstanding opportunity to contribute to improving the OFIS programming structure.

Your Board of Directors in March established an Advisory Council composed of all past Board Chairs, with your Immediate Past Chairman of the Board serving as the chair of the council and the current Board Chair serving as the liaison between the Advisory Council and the Board. Originally established in 2007 but never implemented, the council promises a structured engagement with past chairs, ensuring their experience and talents remain an integral part of leadership for years to come. Each NAFTZ past chair merits our gratitude for their many contributions.

We are in preliminary stages of setting up our next quarterly meet-ings with CBP Office of Field Operations, and additional meetings with the FDA and EPA to address members’ emerging concerns and ongoing issues. NAFTZ Committee Chairs never fail to report topics of interest from committee members. If you have not yet joined a committee, I encourage you to contact a chairperson or engage one of them in conversation at the NAFTZ Spring Seminar, May 4-6 in Seattle:

• Program Committee, Chair Shannon Fura

• Grantee Committee, Chair Angie Atwood

• Operators/Users Committee, Chair Lesley Couch

• Membership Committee, Chair Cornelia Steinert

• Policy Committee, Chair David Murphy

• Automation Committee, Chair Liz Connell

• Certification Committee, Chair Sean Lydon

• Customs Committee, Chair Curtis Spencer

• Regulatory Committee, Chair Sean Murray

• Petroleum Committee, Chair Harvey Lewis

CONTENTS

CHAIRMAN’SLETTER

PRESIDENT’SLETTER

NAFTZ NEWSDon’t Forget to Register for the NAFTZ Spring Seminar, May 4-6 . . . . 4

NAFTZ Board of Directors Member Presents on U.S. FTZ Program at the World Customs Organization . . . 4

NAFTZ ACE Task Force Collaborates with CBP to Produce FTZ Automation Participant Checklist . . . 5

FTZ COMMUNITYNEWSZone the Month: FTZ No. 289 in Ontario County, New York . . . . . . . . . . . 9

Port of Seattle Produces FTZ Educational Video . . . . . . . . . . . . . . . . . . . . . 9

Woodbury County, Iowa, seeks to become foreign-trade zone . . . . . . . . . . 9

TRADE NEWS Vancouver port truckers reach deal to end strike . . . . . . . . . . . . . . . . . . . . . . . . . . .12

U.S., EU Leaders Skirt Around Tariffs, Regulations In Summit Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

US Trade Representative Mike Froman to Testify at Senate Finance Committee Hearing . . . . . . . . . . . . . . . . . .12

REGULATORY UPDATE

THANK YOU TO OUR SPONSORS

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2The National Association of Foreign-Trade Zones Partnership. Pride. Prosperity. 1001 Connecticut Ave NW Suite 350 | Washington DC 20036 | 202.331.1950 202.331.1994 fax | www.naftz.org

NAFTZ STAFF

PresidentDaniel [email protected]

Manager of Education and MeetingsVictoria [email protected]

Manager of Financial and Administrative AffairsMatt [email protected]

Manager of Government Affairs and Member RelationsBrian [email protected]

Note: All NAFTZ materials, including Zones Report, are the intellectual property of the association and are intended for the benefit of members only. The use of NAFTZ materials to advise or otherwise serve non-member clients is discouraged.

PRESIDENT’SLETTERGoodbye Snow, Hello NAFTZ Spring Seminar

Dear NAFTZ members:

Your view may differ depending on where you live in this great country, but I am ready for spring. It’s been an unusually long, cold and snowy winter here in Washington. I’m tired of snow days and shoveling. All of which makes me even more eager than usual for NAFTZ’s

annual Spring Seminar.

This year we will be meeting May 4-6 in the magnificently situated city of Seattle, Washington. Shannon Fura, Phil Trickey and other members of the Program Committee have assembled a meaty menu of speakers and panel discussions for the day and a half event. Among the highlights of the program will be a discussion of AES and Census regulations, an update on automation, and a grantee benchmarking session featuring a panel of the grantees from Washington and Oregon sharing their insights.

As always, the NAFTZ Spring Seminar will mix in fun with business. On Monday evening, five Northwestern ports will be cospon-soring a spectacular Seattle Harbor & Skyline Cruise, which will be included in your registration fee. The two-hour cruise will feature drinks, heavy hors d’ oeuvres, and views of the beautiful Seattle skyline. Generously sponsoring the event will be the Ports of Seattle, Tacoma, Everett, Olympia, and Portland. While there is no separate charge for the cruise, we do need your RSVP by the end of this week so Victoria Cartwright can have an accurate head count for planning. You can find out all the details of the program on the NAFTZ web site and elsewhere in Zones Report.

Meanwhile, NAFTZ continues to advocate for one of our top pri-orities in 2014—a more accurate and comprehensive accounting for the full value of exports from foreign-trade zones. Working in cooperation with the FTZ Board, NAFTZ has been educating our members on how to report the full value of exports from a zone, including such value added as labor, overhead, and profit, as well as indirect exports that enter U.S. commerce and are then re-exported. The enhanced export numbers will give policy

In closing, in February I took an opportunity to visit David Sikkink and his team at FTZ No. 9 on Pier 2 in Honolulu. Originally from Minnesota with the good luck or wisdom to relocate to Hawaii, manage a bustling General Purpose Foreign-Trade Zone, and star in “Hawaii Five-0” episodes, David’s FTZ crew produces out-standing marketing materials. In addition to a succinct website, the FTZ No. 9 brochure raises the bar for an FTZ publication. With warehousing and cargo facilities, office space and an incubator, and essential services for importers and exporters all under one

roof at Pier 2, FTZ No. 9 operates sites and subzones throughout the Hawaiian Islands.

Sincerely,

Jan Frantz, Chairman

CHAIRMAN'SLETTER (CONTINUED)

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BOARD OF DIRECTORSOFFICERSChairman of the BoardJan Frantz, Executive Director BC/CAL/KAL Inland Port Development

Vice ChairmanTrey Boring, Sr. Vice President, IMS Worldwide, Inc.

TreasurerJose Quinonez, Foreign-Trade Zone Manager, City of El Paso, El Paso International Airport

SecretaryJulie Brown, CEO, Georgia Foreign-Trade Zone, Inc.

DIRECTORSKenneth Carlstedt, Trade Controls & Customs Compliance Manager, Momentive Performance MaterialsAmie AhanchianManaging Director, KPMG, LLPJim MaloneyMaritime Marketing Manager, Port of San FranciscoBill FisherVice-President of Customs Compliance, American Global Brokerage ServicesCharles DanielsDirector of Logistics, Fortessa, Inc.William CarrUS Customs Compliance, Phillips 66Rebecca WilliamsManager, Trade & Customs,The Rockefeller GroupMelissa IrmenSVP, Products & Strategy, Integration PointCornelia SteinertStellar Trade, LLCJohnny FernandezExecutive Director, CODEZOL C.D.Frankie BrysonNissan North America

Immediate Past ChairmanScott WienkeDirector, Global Trade Compliance,Abbvie, Inc.

General CounselMarshall V. Miller, Esq.Miller & Company, P.C.

Public Affairs AdvisorJames P. SmithSmith Dawson & Andrews

makers and the public a fuller appreciation of the contribution of the FTZ program to the National Export Initiative and other common policy goals.

Last week it was my pleasurable duty to staff the NAFTZ infor-mational booth at the annual conference of the International Compliance Professionals Association held in Orlando. Besides allowing me to escape the last snowfall of the winter in Washington, I was able to talk about the FTZ program and share our litera-ture with a steady flow of attendees who stopped by our booth. NAFTZ member Craig Pool of FTZ Corp. attracted a large and engaged audience to his very informative talk on FTZs. NAFTZ Vice Chairman Trey Boring of IMS Worldwide stopped by the booth on Monday to help me answer questions about the program. I was also able to visit with a number of other NAFTZ members who were also attending the ICPA conference.

NAFTZ board members have been on the road the past month spreading the word abroad about the U.S. FTZ program. Jim Maloney, Maritime Marketing Manager for the Port of San Francisco, FTZ No. 3, was in China meeting with trade officials in Shanghai and Beijing.

Also last month, Amie Ahanchian, Managing Director of Trade & Customs Services for KPMG, was in Brussels on March 20, where she shared a presentation on the U.S. FTZ program before rep-resentatives to the World Customs Organization. The opportunity for NAFTZ to participate in such a high level meeting was a direct result of NAFTZ’s involvement in January in the founding meeting in Dubai of the new World Free Zones Organization. Amie has contributed a brief report on her trip for this month’s Zones Report.

Finally, please mark your calendars for the next NAFTZ webinar on April 29, which will feature Cornelia Steinert of Canon Virginia Inc. and Malcolm Appelbe of Lam Research Corp. explaining the process of deactivating a zone site. Our monthly webinar series is free to members and a great resource to stay current on timely topics. You can also access previous webinars from the library on our web site.

I hope you all have a great month in your zone and your workplace. Don’t forget to register for the Spring Seminar in Seattle.

Best wishes,

Dan Griswold, President

PRESIDENT'SLETTER (CONTINUED)

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EVENT ADVERTISEMENT OPPORTUNITYNAFTZ is giving you the opportunity to advertise one of your own events or educational opportunities through our website. If you would like to post information on one of our event pages, please call the office at 202.331.1950 for more information.NAFTZ Event Advertisement Guidelines

• Advertising space must be purchased in three (3) month blocks.

• The cost is $3,500 for each three (3) month block of advertising space.

• Advertising will be displayed on the bottom of the specified event’s page.

• NAFTZ has final approval of advertisement content. Advertisement must not conflict with NAFTZ events or interests.

• This space is available for “event” advertisement only, including trainings, webinars, and other educational offerings. No specific products, software, or services, may be promoted in the advertisement space.

FTZ CLASSIFIEDSVisit our website to see up-to-date job openings!

NAFTZ NEWSDon’t Forget to Register for the NAFTZ Spring Seminar, May 4-6To sign up for the event before early-bird pricing expires on April 8, click here.

NAFTZ members and friends are gathering in downtown Seattle, Washington on May 4-6 at a time of exciting opportunities for the FTZ community. This year’s seminar, “Technology and the Future of FTZs,” will equip operator/users and grantees to expand exports and production and attract investment through the FTZ program. The program will include key officials from Seattle and Washington, D.C., including Andrew McGilvray, Executive Secretary of the FTZ Board. Panel discussions will include “In- Bond Regulations” and “Use of FTAs.”

Specialty tracks will also be offered on in-depth topics for grantees and operator/users that will explore such topics as “ASF: What You Need to Know” and “Leveraging Your FTZ Status for Additional Savings.” A 1.5 day Fundamentals of FTZs track will feature pre-sentations by Accredited Zone Specialists for those new to the program. The seminar will also feature “In-Bond from a Hands-On Operational View.”

With new, streamlined regulations in place for the past two years, and zone activity reaching record levels, the FTZ program is entering a new era of growth. The NAFTZ’s Annual Spring Seminar will be an important event for everyone involved in the program and NAFTZ. We look forward to seeing you in Seattle for a great time of education, networking, and fun.

NEW THIS YEAR — we are offering a Seattle Harbor & Skyline Cruise on Monday evening (May 6). Both Sunday and Monday receptions are included in the registration fee, as well as round trip transportation to/from the hotel for the Monday evening event. RSVPs for the Monday reception are due (via online registration form or email to [email protected]) by April 4, based on a first

come, first served basis. If you wish to bring a guest (not attending the conference), the fee for Sunday’s opening reception is $50 and Monday’s Skyline Cruise Reception is $100. To register, please click here and submit the form to [email protected].

NAFTZ Board of Directors Member Presents on U.S. FTZ Program at the World Customs OrganizationBy Amie Ahanchian On Thursday, March 20th, the 2014 annual Enforcement Committee and Permanent Technical Committee of the World Customs Organization (“WCO”) convened for a joint day session in Brussels, Belgium. Apart from other issues on the agenda, a special session to identify and expand upon potential solutions regarding the occurrence of illicit trade within free trade zones worldwide was held. Through the use of free trade zones, national governments around the world have seen a drive in economic growth and increased international trade and investment through the relaxation of certain regulations, limited taxes and reduced oversight within free trade zones. The global community, however, faces more complex challenges than ever before in managing the risks as a result of the free trade zone environment. Specific risks include money laundering, proliferation of weapons of mass destruction and their proceeds, racketeering, illicit trafficking in narcotics, fraud, counterfeiting and piracy of products, and smuggling.

Representatives from Morocco and the United States were invited to present on their respective successful free trade zone programs. Of the WCO members, 210 delegates participated, comprising customs officials from around the globe, the International Chamber of Commerce, and several multinational companies. As a member of the Board of Directors of the National Association of Foreign Trade Zones (“NAFTZ”) and a managing director in KPMG LLP’s Trade and Customs Services practice, I represented the United

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States to address how the U.S. foreign-trade zone program has been successful over the past 75 years. During my presentation, I explained, from a U.S. perspective, the federal and local regu-lations, as well as the leading practices used by zone operators, all of which help to discourage illegal activity from taking place within free trade zones.

In the discussion, I described the governance, transparency, and regulatory framework that characterize the U.S. foreign-trade zone (“FTZ” or “zone”) program. I pointed to the FTZ implementation as a two-step process, comprising designation and activation, which involves two federal agencies governed by two different sets of regulations.

The designation of a foreign-trade zone is overseen by the Foreign-Trade Zone Board, an agency housed under the U.S. Department of Commerce. As part of the designation process, the application is posted on a Federal Register allowing the public to comment on possible effects of a foreign-trade zone from both a local and national perspective.

The activation of a foreign-trade zone is then approved by local Customs and Border Protection (“CBP”) authorities. Each zone must comply with annual requirements and strict inventory control measures. The measures outlined above help to enhance over-sight and help authorities to vet out illicit trade from occurring within the zone.

I further explained the importance of having a robust inventory control and recordkeeping system (“ICRS”) as an inventory accounting and customs reporting tool, especially because of the audit trail that an ICRS can help generate to demonstrate compliance with the above regulations.  Lastly, I mentioned the periodic and annual requirements in place by both CBP and the U.S. Foreign-Trade Zone Board to promote long-term compliance, oversight and transparency to zone activity.

Following the presentations from the United States and Morocco

perspectives, many of the delegates from other countries’ customs agencies asked questions, generating a lively discourse about oversight of free trade zones globally. The meeting adjourned with representatives from both the International Chamber of Commerce and the United States strongly urging other national governments to adhere to international conventions, for free trade zone regu-lation purposes, if not doing so already. Specifically, Chapter 2 of Annex D to The Revised Kyoto Convention provides for rec-ommended practices and global standards which, if adopted by national governments and applied in practice by local customs authorities, would help to reduce illicit trade currently taking place within certain free trade zones around the world.

Based in Washington, DC, Amie Ahanchian is a member of the Board of Directors of the National Association of Foreign Trade Zones and a Managing Director in KPMG LLP’s Trade and Customs Services practice.

These comments represent the views of the author only, and do not necessarily represent the views or professional advice of KPMG LLP.

The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser.

KPMG LLP, the audit, tax and advisory firm (www.kpmg.com/us), is the U.S. member firm of KPMG International Cooperative (“KPMG International”). KPMG International’s member firms have 155,000 people, including more than 8,600 partners, in 155 countries.

NAFTZ ACE Task Force Collaborates with CBP to Produce FTZ Automation Participant ChecklistThe ACE Task Force has been working with U.S. Customs and Border Protection (CBP) to provide direction and uniformity to the

UPCOMING EVENTS

Annual Spring Seminar May 4-6, 2014 Hyatt at Olive8 Seattle, WA

Annual Conference & Exposition September 14-17, 2014 Omni Fort Worth Hotel Fort Worth, TX

Fundamentals of FTZs January 4-5, 2015 Sheraton Austin at the Capitol Austin, TX

NAFTZNEWS (CONTINUED)

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NAFTZNEWS (CONTINUED)Foreign-Trade Zone community when requesting a filer code from CBP for the automated FTZ Filing. The resulting CBP document was recently posted to the agency’s site, and can be found here. This checklist includes information regarding how to file a letter of intent (LOI) to obtain a filer for the filing of Admissions (e214s), In-Bond Movements (QP/WP and QX/WX) and Entry/Entry Summaries (3461/7501) directly with CBP. This document will also be used if a filer code has already been assigned, and the operator is advising CBP of their intention to commence filing of additional FTZ automated activity. Of particular importance to the operator, this document outlines:

• What steps must be taken prior to sending the LOI asking for a filer code

• Explanation of each of the elements to be included in the LOI

• Separate procedures to follow if requesting Entry/Entry Summary filing in addition to other filing capability

If you have questions about this, or other matter pertaining to electronic filing of FTZ data with CBP, you can contact the ACE Task Force via email at [email protected].

FDA Weekly Entry Documents Available OnlineAs an important part of our ongoing effort to expand the usefulness of the FTZ program, NAFTZ has been working with the U.S. Food and Drug Administration (FDA) to streamline the process of filing for weekly entry from a Foreign-Trade Zone.

Last year, we were informed by the FDA that FTZ user/operator companies can now file their weekly entry submissions electronically using a standard, formatted spreadsheet. The forms can be used for food, drugs and tobacco entries. We are also working with FDA to develop a form for medical devices.

You can access and download the FDA-approved forms in the members-only section of the NAFTZ website. To access the forms, click the link below and log in with your NAFTZ username and pass-word. If you wish to access the forms later, they will be available under the Member Services tab.

FDA Weekly Entry FormsIf you have any questions about FDA’s new program for electronic filing for weekly entry, please contact the NAFTZ office or NAFTZ Regulatory Committee Chair Sean Murray of Miller and Co. at [email protected].

A Message to Grantees from FTZ Board Executive Secretary Andrew McGilvray:To provide training and enable discussion on topics of interest, I will be hosting an outreach event for officials of grantee organizations in Seattle, Washington, from 1:00 to 4:00 p.m. on May 6, 2014. There is no cost to attend this event. The exact location has not yet been determined but will be provided to all registrants prior to the event.

RSVPs are needed for the outreach event. To reg-ister, please e-mail [email protected] or call Marsha Foust at (202) 482-2862. Each RSVP should include the individual’s name and title and the grantee orga-nization/public agency of which the event attendee

is an official. The deadline for RSVPs is May 2, 2014.

As always, do not hesitate to contact us with any questions you may have.

Andrew McGilvrayExecutive Secretary and Staff DirectorU.S. Foreign-Trade Zones Board(202) 482-2862www.trade.gov/ftz

NAFTZ Submits Letter to Senate Finance Committee Chairman Ron Wyden (D-OR)On March 31, the NAFTZ submitted the following letter to newly selected Senate Finance Committee Chairman Ron Wyden (D-OR), urging swift passage of Customs Reauthorization legislation in the 113th Congress:

Dear Chairman Wyden:

Congratulations on your selection as Chairman of the Senate Finance Committee. The National Association of Foreign-Trade Zones (NAFTZ) Board of Directors and I welcome your dedication to improving the ability of American businesses to compete successfully in global markets and we applaud your commitment to finding solutions through principled bipartisanship.

As you establish the committee’s agenda for 2014, we request that you give high priority to S. 662, the Trade Facilitation and Trade Enforcement Reauthorization Act, introduced one year ago by Senator Baucus and Senator Hatch. By authorizing funding for Customs to complete development of the Automated Commercial

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Environment (ACE), this legislation will at last complete modernization of our nation’s trade processing system – reducing compliance costs and further extending the benefits of global trade to U.S.-based companies.

S.662 would instruct Customs to complete the development of ACE by September 2015 and would also authorize the necessary appropria-tions to operate and manage the ACE program from FY 2017 through FY 2018. We believe Customs should also make the inclusion of foreign-trade zones in ACE a top priority.

The 3,200 companies involved in the U.S. Foreign-Trade Zones program range from globally recognized manufacturers to small, inde-pendently owned businesses. Operating in the highly competitive environment of international commerce, firms in U.S. Foreign-Trade Zones employed 370,000 Americans in 2012, and pro-duced an impressive $70 billion in exports – more than twice the 2009 level.

The efficiency of U.S. Customs to process inter-national transactions plays a critical role in the ability of FTZ-based companies to compete effectively in the global economy. By replacing obsolete paper reporting requirements with online submission of documents required by Customs and other federal agencies, the ACE system will:

• Expedite legitimate trade by providing CBP with the technology to efficiently process imports and exports and move goods quickly across the border;

• Facilitate efficient collection, collaboration and

compliance efforts between CBP and the trade community; and

• Provide an information-sharing platform for trade data between government agencies, consolidating data submission and aiding agencies in the risk-assessment process.

Senator Wyden, we wish you great success in your new leadership position. We look forward to working with you and your staff to help create continued opportunities for U.S. businesses to succeed. Thank you for your consideration.

Sincerely,

Daniel Griswold

President

NAFTZ Signs CPSC LetterOn March 14, the NAFTZ joined 27 other trade associations in signing a letter to Robert Adler, Acting Chairman of the Consumer Product Safety Commission. The letter requested that the CPSC establish an industry workshop to engage all stake-holders regarding the “at entry” filing of compliance certificates in proposed Part 1110 Rule. Other sig-natories to the letter included the Retail Industry Leaders Association, the National Association of Manufacturers, and the US Chamber of Commerce.

You can view a copy of the letter here.

NAFTZ Legislative Seminar and Port of Brownsville, Texas, Featured in the Brownsville HeraldOn March 20, the following article in the Brownsville Herald discussed the NAFTZ’s 2014 Legislative Seminar in Washington, DC, and the annual Export Award given by the NAFTZ to the Port of Brownsville:

National group bestows award on Brownsville’s foreign-trade zone

The Brownsville Herald March 20, 2014The Port of Brownsville’s Foreign-trade zone has been named the nation’s Top Warehousing and Distribution Exporting Zone for 2013 by the National Association of Foreign-Trade Zones.

The port is the “grantee” for the FTZ, designated “Zone No. 62.” In 2012, Zone No. 62 exported more than $3 billion in merchandise.

Zone manager Tony Rodriguez received the award for the port at NAFTZ’s Legislative and Regulatory Seminar in Washington D.C. in February.

Eddie Campirano, port director and CEO, said 2012, the year the NAFTZ award was based on, wasn’t a fluke.

“We are consistently in the top 10 FTZs as far as exports go,” he said. “In addition, we are consis-tently in the top 25 FTZs as far as total import and export activity.”

A couple of exported drilling rigs in 2012 did add to the total value of exported commodities. None the-less, the port remains a major exporter of steel and petroleum products such as gasoline and diesel.

NAFTZNEWS (CONTINUED)

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Campirano said the port was in the good company in terms of the NAFTZ awards, considering the winner of the top exporting subzone award was BMW Manufacturing Co. of Spartanburg, S.C. Yes, that BMW.

He said trade between the United States and Mexico is at record levels and predicted that it would only increase, thanks in part to growing automobile production in Mexico and an increase in shale gas and offshore oil production.

Read the full story here.

AAEI Annual Conference and Exposition to be Held in Minneapolis, June 16-18 We would like to remind all NAFTZ members that the American Association of Exporters and Importers (AAEI) will be holding its 93rd Annual Conference and Exposition from June 16 to June 18, 2014.

This year’s conference, appropriately themed, “A Fresh Perspective,” will feature discussions about global issues such as what America is like as a trading partner, trade with challenging countries, difficult issues in trade, the direction of U.S. trade policy, and the current state of Beyond the Border. The conference will also include the U.S.-centric discussions attendees’ count on each year to keep abreast of industry trends.

We invite you to visit the AAEI website here to learn more about this valuable event.

Visit the NAFTZ Archives for Past Webinars and Conference PresentationsDid you know that as an NAFTZ member, you can view past NAFTZ webinars, conference presenta-tions, and issues of Zones Report on our website? These resources are an excellent way to brush up on a wide range of FTZ-related topics covered at events, webinars, or Zones Report issues that you may have missed. These valuable NAFTZ materials can be viewed in your web browser or downloaded and saved for viewing at your convenience.

You can access the archives by clicking here and logging in with your NAFTZ username and pass-word. The archives can be found under the Member Services tab.

NAFTZ Expands Social Media PresenceAre you engaged with the NAFTZ on LinkedIn and Twitter? If not, you are missing out! Our social media activities have expanded significantly in recent months, with more frequent postings of FTZ-related articles and other NAFTZ content. Our Twitter following has grown to include more than 730 individuals, businesses, and organiza-tions, and our LinkedIn discussion group has more than 275 members! To join in on the conversation, follow @NAFTZ on Twitter and request to join our LinkedIn discussion group today.

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FTZ COMMUNITYNEWSZone the Month: FTZ No. 289 in Ontario County, New YorkFeatured this month is the newly-created FTZ No. 289 in Ontario County, New York. The Zone was recently approved by the FTZ Board in March of 2014. Joining several recently created Zones in New York, including FTZ No. 284 in Genesee County and FTZ No. 285 in Chenango County, the Ontario County Zone will be run by the Ontario County Economic Development Corporation.

“FTZ No. 289 for Ontario County and our four sur-rounding counties will create another economic development tool to attract new businesses and help existing business expand in our region,” Ontario County Director of Economic Development Mike Manikowski said.

According to Mike Manikowski, “Ontario County features a great quality of life with five beautiful Finger Lakes, 200 plus miles of lightning fast fiber, 2.76 patents per 1000 residents, 40% of the work-force has an Associate’s degree or higher, and an average commute time of 22 minutes. It is a beau-tiful place to work and live.”

The first company to take advantage of the newly created Zone will be Crosman Corporation, a manufacturer of airsoft guns and rifles, as well as a variety of airsoft shooting accessories. “The utilization of a Foreign-trade zone will enable Crosman to grow our upstate NY manufacturing content, increase our support of local suppliers, and improve our customer responsiveness,” stated Kevin Farrelly, Director of Operations and Supply Chain at Crosman Corporation.

Senators Chuck Schumer (D-NY) and Kirsten Gillibrand (D-NY) celebrated the approval of the new Zone, with Senator Gillibrand stating that the new designation “will encourage and equip more local businesses to better compete in the global economy.” Both Senators had advocated strongly for the Zone’s approval in 2013.

Port of Seattle Produces FTZ Educational Video

The NAFTZ congratulates the Port of Seattle for producing an excellent educational video on the benefits of U.S. Foreign-Trade Zones. The video contains an easy to understand summary of FTZs, along with interviews of current Zone users. We highly recommend this video as an educational tool to spread the word about the FTZ program.

Click here to view the video on YouTube.

Woodbury County, Iowa, seeks to become foreign-trade zoneSioux City Journal March 11, 2014

Woodbury County officials expect to see business growth when the county is added to an existing foreign-trade zone territory in Northwest Iowa.

The Woodbury County Board on Tuesday approved a plan to become part of the Northwest Iowa Development Corporation foreign-trade zone ser-vice territory. The county will pay a $3,500 fee to be added into the group.

“It is a nominal investment that has great potential,” Woodbury County Rural Economic Development Department Director David Gleiser said. “We are rolling out the welcome mat for investment, busi-ness growth and job creation.”

The Northwest Iowa foreign-trade zone is the newest such zone in America, created in 2013 with six counties. Gleiser said the chief benefit is the ability for the county to reduce and sometimes eliminate costly customs tariffs/taxes on products brought to the area for manufacturing.

Read the full story here.

Noramco Foreign-trade zone approval granted in DelawareDelaware.gov March 10, 2014Noramco Inc. has become the first company in the state to include their facility in Delaware’s Foreign-Trade Zone under the Alternative Site Framework (ASF) and to be granted “Production Authority” by the Foreign-trade zone Board of the U.S. Department of Commerce.

The Delaware Economic Development Office (DEDO) is the grantee for Foreign-Trade Zone

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(FTZ) No. 99. Noramco, a subsidiary of Johnson & Johnson, has operated in Delaware since 1979 at an 81,000-square-foot facility in Wilmington. The company manufactures, tests, warehouses and packages a variety of pharmaceutical products and currently employs approximately 170. This facility has now been designated as FTZ Subzone 99F. The Foreign-trade zone Board granted Noramco’s appli-cation to be included in the FTZ in late November 2013 and Production Authority was approved on March 4, 2014.

“The ability to offer a tool that increases access to global markets, lowers costs and boosts effi-ciency will have a tremendous impact on our efforts to bring new companies to Delaware,” Gov. Jack Markell said. “Companies already established in Delaware also stand to benefit. We applaud Noramco for leading the way by applying for and receiving the designation necessary to operate in the state’s Foreign-trade zone.”

Read the full story here.

Trade zone benefits Port of VirginiaSuffolk News Herald March 25, 2014Port of Virginia users in Suffolk and several nearby localities stand to benefit after a U.S. Department of Commerce board modified the regional for-eign-trade zone, according to the port authority.

An application to modify the trade zone was lodged last spring, according to the Virginia Port Authority, and Commerce’s Foreign-trade zones Board has granted approval.

“This is a very real tool that can be used to attract

business to The Port of Virginia, Hampton Roads and the commonwealth,” John F. Reinhart, CEO and executive director of the authority, stated in a press release.

“The benefits of the FTZ are significant, and this decision allows those benefits to become available in an expedited process.”

The update to the trade zone could encourage existing businesses to expand and entice new companies to Virginia, Reinhart stated.

Existing and new companies can now obtain trade zone site designation, which could allow them to defer, reduce or eliminate customs duties on parts, materials and components imported for manu-facturing in the U.S., within 30 days. Previously, according to the authority, the designation could take up to a year.

The local foreign-trade zone covers Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Virginia Beach and Williamsburg, plus Gloucester, Isle of Wight, James City, Mathews, Northampton, Southampton, Sussex, Surry and York counties, plus part of Accomack County.

In a statement, Gov. Terry McAuliffe hailed the fed-eral decision: “This new development at The Port of Virginia will encourage companies — current and potential port users — to choose to do business and create jobs within the Foreign-trade zone that is primarily served by our port.”

Read the full story here.

Starflo Corporation to expand operations in Clarendon, South CarolinaClarendon Citizen March 14, 2014 Starflo Corporation, a manufacturer of industrial valves, will break ground on a new distribution center as the company expands in Clarendon County. The $1 million investment is expected to double Starflo’s distribution center capacity while bringing online new equipment for the Manning manufacturing shop to increase machining capacity and efficiency.

Starflo is a division of the Wm. Powell Company, which has remained a privately held company since 1846. The company’s manufacturing plant and distribution center in Manning is a registered foreign-trade zone facility.

The new 25,000 square foot of space will be located in the Clarendon County Industrial Park and is designed to better facilitate the compa-ny’s continued growth of new products and both domestic and international sales. The expansion will also consolidate distribution for the company’s Orangeburg and Manning manufacturing facilities as well as other Starflo manufacturing operations nationwide. The company expects to bring on an additional 12 positions as a result of the expansion.

“We are very appreciative of the continued support from the Clarendon County Development Board, the great state of South Carolina, the Charleston Port, Santee Electric Co. and the Bank of Clarendon,” said Randy Cowart, president and CEO/chairman of The Wm. Powell Company Starflo Corporation. “We expect this project to be just another stepping

FTZ COMMUNITYNEWS (CONTINUED)

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stone in our continual growth in Clarendon County.”

Read the full story here.

Industry Voices: How to Use Free-Trade Zones to Save When Importing ApparelCalifornia Apparel News March 13, 2014Foreign-trade zones offer great opportunities for lowering the overall cost of imported apparel and other products. While more and more companies are taking advantage of these opportunities, a clear understanding of FTZ rules and regulations is crit-ical to ensuring maximum savings and avoiding problems.

Apparel companies operating in an FTZ realize immediate cash-flow savings when the zone is first established and continue to save by paying duties closer to the time of final sale.

For example, an apparel company with an average inventory of $100 million would pay $15 million in duties (assuming an average 15 percent duty rate) when the goods are imported, but by operating in an FTZ the company could delay payment of that $15 million, possibly for several months on slow-er-moving merchandise.

President Obama’s National Export Initiative, along with the worldwide demand for U.S. branded prod-ucts, has pushed apparel companies to find new markets abroad. Along with the new opportuni-ties, exporting brings new complications and likely double payment of duties.

There are several misconceptions about FTZs. Many believe that apparel is not eligible for entry into an FTZ and that the process for setting up an FTZ is complex, lengthy and cost prohibitive. Additionally, some assume that their operations would have to be relocated to an area that has already been designated as an FTZ. These miscon-ceptions are based on the more stringent rules that applied in the past, but most of these have since been changed, and the FTZ application formats and requirements have been dramatically simplified.

Read the full story here.

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TRADE NEWS Vancouver port truckers reach deal to end strikeCBC News March 26, 2014Container truck drivers servicing Port Metro Vancouver are expected to return to work after reaching a deal to end a prolonged strike.

Late Wednesday afternoon, B.C. Premier Christy Clark announced an agreement was reached between the members of the United Truckers Association and Unifor and the province, the fed-eral government and Port Metro Vancouver.

Goods movement slowed to a trickle at Canada’s largest port after strike action began in late February, and ramped up just over two weeks ago on March 10. (CBC)

Container shipping at Port Metro’s four terminals had been cut by about 90 per cent after 250 union-ized truckers went on strike March 10, joining 1,000 non-unionized truckers who walked off the job in February.

The dispute left hundreds of millions of dollars worth of cargo stranded at Vancouver-area con-tainer terminals and both Clark and Prime Minister Stephen Harper warned the dispute was jeopar-dizing the economy.

The dispute between the truckers and the port largely focused on issues related to pay, including rates, unpaid time spent at the port waiting for cargo, and allegations of undercutting within the industry.

Read the full story here.

U.S., EU Leaders Skirt Around Tariffs, Regulations In Summit StatementInside US Trade March 26, 2014The joint statement released on March 26 by the leaders of the United States and the European Union carefully avoids mention of eliminating tar-iffs under a Transatlantic Trade and Investment Partnership (TTIP) and drops language sought by the U.S. on increasing openness and transparency in regulatory procedures.

Instead, the brief paragraph on the trade talks in the 10-page statement mainly reaffirms the U.S. and EU commitment to “conclude expeditiously a comprehensive and ambitious [TTIP].” It adds that both sides “continue to share the same goals spelled out in the February 2013 Final Report of the High Level Working Group on Jobs and Growth.”

“These goals include expanding access to each other’s markets for goods, services, investment, and procurement; increasing regulatory compat-ibility while maintaining the high levels of health, safety, labor and environmental protection our citi-zens expect of us; and formulating joint approaches to rules that address global trade challenges of common concern,” the summit statement adds.

The High-Level Working Group report was the pre-cursor to the TTIP talks, which began in July of last year. Among other things, the report recommended that both sides should seek to eliminate all tariffs under the trade deal. But it also expressly states that they should “consider options” for the treat-ment of the most sensitive goods.

Read the full story here.

US Trade Representative Mike Froman to Testify at Senate Finance Committee HearingOn Thursday, April 3, US Trade Representative Mike Froman will testify before the Senate Finance Committee at a hearing on President Obama’s 2014 Trade Policy Agenda. According to a state-ment released to the media by the Committee, the hearing is expected to address the following issues:

“In addition to TPA, this hearing will provide an opportunity to explore with Ambassador Froman how the President’s trade agenda will create new and expanded opportunities for U.S. companies, workers, farmers, and ranchers, and how TPA is crucial to this strategy. Those opportunities include ongoing negotiations such as the Trans-Pacific Partnership (TPP), the Transatlantic Trade and Investment Partnership (TTIP), and the Trade in Services Agreement (TiSA) negotiations, as well as post-Doha negotiations at the World Trade Organization, such as expansion of the Information Technology Agreement (ITA) and a WTO agree-ment on environmental goods. In addition, the hearing will examine important enforcement pri-orities, including trade-restrictive practices and non-tariff barriers from major emerging economies that prevent U.S. companies from competing on a level playing field, as well as various bilateral and multilateral trade issues and concerns. Finally, Ambassador Froman’s testimony will provide an opportunity to discuss Bilateral Investment Treaty (BIT) negotiations with China, India, and others, as

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well as new BIT and investment policy opportuni-ties; discussions in other bilateral and multilateral forums; and the trade and investment relationship with new and emerging trading partners.”

The hearing will can be viewed online on the Senate Finance Committee website.

TPP Countries Planning To Hold Next Meeting Near May APEC MinisterialInside US Trade March 27, 2014Trans-Pacific Partnership (TPP) countries are plan-ning to hold their next negotiating meeting with all 12 participants in conjunction with a May gathering of Asia-Pacific Economic Cooperation (APEC) eco-nomic ministers in China, meaning they will not hold any group meetings during the month of April, according to informed sources.

The current plan is to have TPP ministers meet somewhere in Asia after the May 17-18 APEC min-isterial. Chief negotiators and technical experts would meet either before or after that TPP minis-terial, sources said. But they stressed that these meetings have not yet been confirmed.

One industry source said the timing appears to aimed at giving the U.S. and Japan sufficient room to make progress in their bilateral negotiations on agriculture and autos, which observers say is nec-essary to advance the broader TPP talks.

President Obama and Japanese Prime Minister Shinzo Abe are set to hold a summit in Tokyo in late April, and U.S. and Japanese officials have been engaging in a series of meetings aimed at advancing their bilateral negotiations on TPP prior

to that, including this week in Washington.

That said, there are still a range of outstanding issues in the broader TPP negotiations, including provisions on intellectual property (IP), state-owned enterprises (SOEs), rules of origin and customs. One informed source said there are many sensitive issues still pending in the IP chapter, including IP protections for pharmaceuticals as well as copy-right and related rights.

According to this source, the U.S. has softened its positions in some aspects of copyright, although this is mainly around the margins and not on its core demands. A congressional source said the U.S. had backed off of some of its demands on technological protection measures, or “digital locks.”

Read the full story here.

TRADENEWS (CONTINUED)

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REGULATORY UPDATEACE CARGO RELEASE PILOTCustoms has added 14 new airports to the Automated Commercial Environment (ACE) Cargo Release pilot program. The pilot program, previ-ously called “Simplified Entry,” allows importers to file a streamlined set of data earlier in the import process and to update the data up to the point of conveyance arrival. CSMS #14-000115 (Feb. 24, 2014).

CEEsCustoms has published a notice of some signif-icant changes to the Centers of Excellence and Expertise (CEEs):

• The CEEs now process the following entry types: 01 (Consumption), 04 (Appraisement), 06 (FTZ), 08 (Duty Deferral), 11 (Informal), 23 (TIB), and 24 (Trade Fair).

• The scope of coverage for each CEE has been changed at the HTS Heading level.

• Certain Customs Regulations have been waived to either transfer functions to the CEEs or grant CEEs the authority to make decisions that had been reserved for the Port Directors. 79 Fed. Reg. 13322 (March 10, 2014).

CONTINUOUS BONDSCustoms has announced that it will render contin-uous bonds insufficient when Customs receives returned mail from the bond principal. The bond will be returned to sufficient status once a CBPF 5106 is filed with a corrected address.

COUNTERFEIT IMPORTSThe Department of Justice recently asked a federal court in California to bar four California companies and six individuals from importing toys tainted with dangerous levels of lead and containing banned phthalates. DOJ 14-192 (Feb. 24, 2014).

Customs • New Customs Commissioner Gil Kerlikowske

was unanimously confirmed by the Senate on March 6 and sworn into office on March 7.

Customs has unveiled a re-designed website (www.CBP.gov). CSMS #14-000147 (March 11, 2014).

CUSTOMS BUDGETThe FY 2015 Customs budget includes a $1.5 mil-lion cut to C-TPAT, which will delay implementation of C-TPAT Web portal updates, and impact vali-dations and other program enhancements. Also impacted is the Import Safety Mandate, which will be cut $6 million, preventing Customs from hiring 52 additional personnel to support the initiative.

DEEMED EXPORT FINEReminding of the importance for deemed export controls, Intevac, a Santa Clara, California, manu-facturer of hard drives, solar cells, and night vision products, has been fined $115,000 for allowing a Russian employee to have access to controlled technical data while a deemed export license was pending. During its investigation, the Bureau of Industry and Security (BIS) also discovered Chinese employees at Intevac’s Shenzhen, China facility had access to controlled drawings and technology.

DEEMED EXPORT FINEEsterline Technologies Corporation has signed a consent agreement with the Directorate of Defense Trade Controls (DDTC), agreeing to pay a record $20 million for deemed export violations relating to the improper classification of defense articles, the failure to properly administer licenses and agree-ments, the release of ITAR technology by two subsidiaries for manufacturing components without first obtaining a license, and providing access to ITAR technology to foreign nationals in its California facility.

DHS REGULATIONS INPUTThe Department of Homeland Security is seeking input on possible modifications to Customs and trade regulations. This is your chance to suggest regulatory improvements. Written comments are due by March 28, 2014. 79 Fed. Reg. 10760 (Feb. 26, 2014).

FDA SUPPLY CHAIN PILOTThe FDA has selected 13 companies to participate in its Secure Supply Chain Pilot, which provides expedited entry release for designated pharmaceu-tical products. The pilot is expected to run through February 2016. The FDA has already indicated compliance issues with one of the participants.

FESTIVE ARTICLESIn a potentially significant expansion of the fes-tive articles provision, Customs has proposed to revoke a ruling that classified poinsettia wreaths in HTSUS subheading 6709.90.3500 at a 9% rate of duty and classify them in HTSUS subheading 9505.10.50 as duty free festive articles based on

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their physical characteristics and channels of trade. Comments are due by March 21, 2014. 48 Cust. B & Dec. 4 (Feb. 19, 2014).

FOCUSED ASSESSMENTSCustoms is now updating its Focused Assessment (FA) program to align with government auditing standards and provide greater auditor flexibility. Customs expects to implement the changes in FY 2015, but the firm already has two FA audits in progress applying the new standards.

FTR REVISIONS - APRIL 5U.S. Census has issued a Broadcast message reminder that the changes to the Foreign Trade Regulations (FTR) take effect on April 5. Exporters that do not complete the added required fields will have their AES filings rejected. Among the major changes are the requirements to report the type of end user (consumer, reseller, government, or unknown/other), use the unique Foreign-Trade Zone 7-digit alpha-numeric identifier, and include license values. 78 Fed. Reg. 16365 (March 14, 2013).

FTZ ANNUAL RECONCILIATIONFor FTZs whose zone year is a calendar year, your Annual Reconciliation must be completed by March 31, 2014. The Certification Letter to the Customs Port Director is due within 10 working days of com-pleting the Reconciliation. A CBPF/e-214 must be filed for any overages and a CBPF 7501 for any shortages. If significant inventory discrepan-cies are discovered, a Prior Disclosure/ Voluntary Notification may be appropriate.

ILLEGAL IMPORTSThe Environmental Protection Agency (EPA) has fined a Chinese motor sports company and its U.S. affiliate $725,000 for illegally importing motorcy-cles and all-terrain vehicles that did not have the required emissions certificates.

ITDSPresident Obama issued Executive Order (EO) 13659 on February 19. It requires the single portal for trade data, the International Trade Data System (ITDS), to be completed by the end of 2016. This deadline will put significant pressure on Customs and other agencies to complete the necessary pro-gramming. 79 Fed. Reg. 10657 (Feb. 25, 2014).

LED LAMPSCustoms has issued a notice to reclassify light-emitting diode (LED) lamps and light bulbs in Harmonized Tariff Schedule of the United States (HTSUS) subheading 8543.70.70 as “electric lumi-nescent lamps,” rather than in HTSUS Headings 8539 and 8541 as electrical filament or discharge lamps and light-emitting diodes. 48 Cust. B. & Dec. 1 (Feb. 26, 2014).

PERSONAL PENALTIESThe full Court of Appeals for the Federal Circuit (CAFC) has vacated and agreed to rehear a prior CAFC decision (Slip Op. 2011-1527) that had ruled individual corporate officers and shareholders cannot be liable for their corporation’s negligent misstatements, barring proof of individual fraud or the piercing of the corporate veil. U.S. v. Trek Leather, Inc. and Harish Shadadpuri, CAFC No. 2011-1527 (March 5, 2014) (order granting petition

for rehearing en banc).

UKRAINIAN SANCTIONSPresident Obama issued EO 13660 on March 10. It imposed sanctions on a limited number of persons and authorized sanctions on persons undermining democratic processes in the Ukraine. On March 17, the President issued another EO that could expand the sanctions by blocking U.S. property of seven Russians and Ukrainians and authorizing the Secretaries of State and Treasury to include Russian government officials, persons in the Russian arms industry, and entities owned or controlled by or assisting them. The EO also includes restrictions on entry into the U.S. and other contributions to blocked parties. 79 Fed. Reg. 13493 (March 10, 2014).

WHISTLEBLOWER SUITBizlink Technology, a California computer cable manufacturer, recently agreed to pay $1.2 million to settle a whistleblower suit that accused the com-pany of underpaying Customs duties based on false invoices for imports from China.

WTO – REVISED GPAThe World Trade Organization (WTO) has announced that the revised Government Procurement Agreement will go into effect on April 6, 2014 for 10 countries. 79 Fed. Reg. 14776 (March 17, 2014).

REGULATORYUPDATE (CONTINUED)

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