PO Box 788, Ellenwood, GA 30294 / 404-429-6341

The ABC’s of Customs Brokerage

ABCCB1000

Week 6 Student Guide

Mullins International Solutions Academy - All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic

or mechanical, including photocopying, or by any information storage or retrieval system without the prior written permission of Mullins International Academy unless such copying is

expressly permitted by federal copyright law.

Address inquiries to: Mullins International Solutions,

Mullins International Solutions Academy, PO Box 788, Ellenwood, GA 30294

The ABC’s of Customs Brokerage Week Six Study Guide 2

Assignment Checklist By following this checklist, you will be able to complete the course assignments during the week. Be sure you read the directions for each of the assignments and discussion forums provided in the guide starting after this checklist. Read / Watch: Watch the Intro Video for Week 6

Watch the form videos (there are 8 of them) Read the study materials provided (22 documents) Research an agency of your choice

Discuss: ⇔ Partner Government Agencies

⇔ Why it is important to identify hazardous cargo when shipping

⇔ I was surprised to know it was regulated by FWS ⇔ The difficulties of determining the correct PGA or PGA’s that

regulate a product ⇔ How the CPSC helps to keep us safe

Submit your initial post to discussion forums by day four of the week, midnight (Eastern Time). Your initial post should be between 200-300 words. Replies to fellow classmates should be no less than 50 words.

Submit: ⇔ The benefits of having no de minimis allowances with PGA’s ⇔ Summarize the products regulated by EPA and name a

commodity from each discipline that is regulated ⇔ Choose one PGA listed in the Executive Order, research what

they regulate, and write an essay about the agency ⇔ Quiz

Submit your assignments as an attachment by the last day of the week, midnight (Eastern Time).

The ABC’s of Customs Brokerage Week Six Study Guide 3

Week Six Quote

“Since the tragedies [of 911], the Department of Homeland Security was established to prevent terrorist attacks within the United States, and most

importantly, to share intelligence information among government agencies and departments.”

~ Randy Forbes We all have our own opinions about the government, the agencies, their responsibilities and requirements. The 911 attack on the US was the catalyst to the birth of the Department of Homeland Security (DHS). The US Customs Service, now Customs and Border Protection (CBP), were previously under the Department of Treasury, but are now under DHS. Of the agencies we will review this week, none have direct reports to DHS, but their participation in ACE came from the SAFE Port Act of 2006. With the creation of DHS, we saw many changes to the international import/export logistics and trade arena, including President Obama’s February 2014 Executive Order 13569 - “Streamlining the Export/Import Process for America’s Businesses.” If you Google “Streamlining the Export/Import Process for America’s Businesses” you will get about 1230 results returned where many of the agencies, including the White House and DHS, prepare us for the upcoming changes to how we submit information to the various government agencies for cargo release. These agencies are tasked to oversee importations, and exports, of goods that we will consume or use to ensure they are safe for us. They have release, hold, and refusal authority. I personally am very thankful for them as it keeps us from many, many harmful products being introduced to our commerce – and they help to keep you and me safe! I have provided you a boatload of materials to review. You can determine if it seems like a content ton, a kilonewton, short ton, metric ton, or long ton of information. Post your thoughts about regulatory partner government agencies in the Quote forum.

The ABC’s of Customs Brokerage Week Six Study Guide 4

Week 6 Lesson 1 – Department of Transportation (DOT): CFR Title 49 Most of us think about DOT as that agency that has oversight over the roads, and they do, but they also have oversight over products that go on those roads. In your study materials there is a document (6.1 Department of Transportation) listing the various sub-agencies within the DOT. We will not review them all, but we will take a look at the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA). NHTSA has statutory authority in two CFR Titles – 23 (Highways) and 49 (Transportation). Document 6.1a NHSTA Statutory Authorities in your study material gives you an idea of all the authority NHTSA has. NHTSA is one of the agencies who will be directly involved in the imports of vehicles, equipment, and parts of vehicles. EPA is another agency who will be involved in vehicle and engine imports. When we think about a vehicle and all the working parts, those that help maneuver the vehicle, stop the vehicle, keep the passenger strapped in the vehicle we can begin to get an idea of what all NHTSA regulates. NHTSA considers a vehicle to be passenger cars, multipurpose passenger vehicles, trucks, buses, motorcycles, trailers, and even low speed vehicles. Some equipment parts regulated include tires, rims, brakes and parts of brakes, seat belts, lamps and reflective devices, automotive glass, motorcycle helmets, child safety seats, and other parts and equipment for the vehicle. These imported articles must comply with the Federal Motor Vehicle Safety Standards (FMVSS). Notice some of the items listed above – there could be other agencies also involved, such as Consumer Product Safety Commission (CPSC). An importer’s primary obligation is to assure that the motor vehicle or item of motor vehicle equipment subject to the FMVSS that it imports into the United States contains the fabricating manufacturer’s certification of compliance with those standards. Importers must recognize that they have obligations under the Vehicle Safety Act, which continue after motor vehicles or items of motor vehicle equipment are sold to consumers within the United States. Importers also have notification and remedy responsibility if NHTSA determines the existence of the noncompliance or defect and orders it to undertake a notification and remedy campaign.

The ABC’s of Customs Brokerage Week Six Study Guide 5

Importers should be fully familiar with all of the recall-related provisions of 49 CFR parts 573 and 577. It is wise for manufacturers and importers (as well as brokers and forwarders) to become familiar with other laws not administered by NHTSA, such as the pertinent environmental laws administered by the Environmental Protection Agency, which could impact the decision to sell products in the United States. Before importing motor vehicles or motor vehicle equipment into the United States, it is essential that the importer – and the filer – understand its obligations under Federal statutes and regulations governing vehicle safety. When importing vehicles and equipment for vehicles an HS-7 Form (6.1b) - really the data elements for the form - must be submitted in ACE along with the entry data needed for CBP. Depending on the status of the vehicle or parts, will determine what data or additional documents are required for the importation. As part of its safety mandate, NHTSA monitors motor vehicles and items of motor vehicle equipment that are imported into the United States for compliance with applicable FMVSS and regulations. To be imported free of restriction, a motor vehicle less than 25 years old must be originally manufactured to comply with all applicable FMVSS and bear a label certifying such compliance that is permanently affixed by the vehicle’s fabricating manufacturer. To be lawfully imported, a new or used item of motor vehicle equipment that is subject to an FMVSS must, as originally manufactured, conform to the standard and be so certified by its fabricating manufacturer. In most instances, the fabricating manufacturer's certification of compliance with the applicable FMVSS for regulated safety equipment is evidenced by the symbol “DOT” either inscribed on the equipment item in a prescribed location, or placed on the outside of the container in which the equipment item is shipped. See 49 U.S.C. §§ 30112 and 30115. FMCSA also has statutory authority in CFR Title 49. FMCSA is the agency that brought us the “Hours of Service” rule for truck drivers, and the “Electronic Logging Devices” (ELD) that was mandated as part of MAP-21. Now, as brokers and importers we are not so regulated by HOS or ELD, but it is good to have knowledge of these requirements.

The ABC’s of Customs Brokerage Week Six Study Guide 6

What we should concern ourselves with for FMCSA requirements is the shipping of hazardous materials (6.1c). As brokers, forwarders, importers, and exporters we are responsible for advising the carrier what they will be carrying. The carrier has to know for placement purposes in their equipment, as well, they must have the proper placard when transporting the hazardous materials on the truck. HAZARDOUS MATERIALS SHIPPER RESPONSIBILITIES

• DETERMINE WHETHER A MATERIAL MEETS THE DEFINITION OF A "HAZARDOUS MATERIAL"

• PROPER SHIPPING NAME • CLASS/DIVISION • IDENTIFICATION NUMBER • HAZARD WARNING LABEL • PACKAGING • MARKING • EMPLOYEE TRAINING

• SHIPPING PAPERS • EMERGENCY RESPONSE

INFORMATION • EMERGENCY RESPONSE

TELEPHONE NUMBER • CERTIFICATION • COMPATIBILITY • BLOCKING AND BRACING • PLACARDING • SECURITY PLAN • INCIDENT REPORTING

The actual shipper must provide the above information and it is the responsibility of the broker/forwarder, or whoever is dispatching the shipment, to advise the carrier of the “hazmat” cargo so they can arrange the proper shipping. Brokers and forwarders should not complete the shipper’s dangerous goods forms but must ensure they are provided to the carrier. There are different declaration forms depending on the mode of transportation. We have included a Shipper’s Declaration for Dangerous Goods by air (6.1d) for your review. This document, and in many cases a Material Safety Data Sheet (MSDS), must be provided to the carrier as it details and describes the hazardous materials being shipped, how they are packaged, and the MSDS contains specific details on the cleanup should an accident occur. The contact on the declaration and MSDS must have a 24 hour contact and their contact number. Anyone who is dispatching hazardous cargo must have a Hazmat certification and just like with the declarations, different certifications are required for different modes of transportation.

The ABC’s of Customs Brokerage Week Six Study Guide 7

⇔ Review the study materials provided 6.1-6.1d ⇔ Watch the videos for the HS7 Form (6.1b) and the Shipper’s

Declaration of Dangerous Goods (6.1d) ⇔ Discuss why it is important to identify hazardous cargo when

shipping. Week 6 Lesson 2 – Fish and Wildlife Service (FWS): CFR Title 50 Fish and Wildlife has regulatory authority over, well, fish and wildlife. What can be challenging at times is determining exactly what wildlife is. A simple definition is anything that grows in the wild, or that is not domestic. FWS defines wildlife as: “any living or dead wild animal, its parts, and products made from it. Wildlife not only includes mammals, birds, reptiles, amphibians, and fish, but also invertebrates such as insects, crustaceans, arthropods, molluscs and coelenterates.” For example, dogs and cats – household pets – are not wildlife; however, some dogs and cats are not household pets and are considered wildlife. Some dogs, cats, and other animals import to be household pets may require release by the Center of Disease Control (CDC). And what about that snake, is it wildlife? Not only do we have to consider, is it wildlife, but also is it injurious? The United States bans certain animals as injurious (including live snakehead fish, walking catfish, mitten crabs, brown tree snakes, and brush-tail possums) because they crowd out native species or cause environmental damage. Yes, you did read that correctly – walking catfish! Other animals sold as pets, such as all African rodents and hedgehogs, cannot be imported because they carry diseases that can be transmitted to people and animals. Let’s look at some wildlife –

• Sea turtles: most all species are endangered and international trade is prohibited.

• Ivory: the United States generally prohibits the importation of elephant ivory.

• Furs: most of the world's wild cats, including tigers and such spotted species as jaguar, leopard, ocelot, margay, and leopard cat, are endangered. You cannot import skins or items made from, or

The ABC’s of Customs Brokerage Week Six Study Guide 8

trimmed with, the fur of these animals. Furs from seals, polar bears, and sea otters are also prohibited.

• Primates: most primate species are protected; The U.S. Centers for Disease Control and Prevention prohibits the importation of monkeys as pets.

• Birds and feathers: Permits may be required and the US prohibits the importation of the feathers and parts of most wild birds without a permit.

• Other examples of wildlife include, but are not limited to reptiles and their leathers; fish and shellfish; caviar; coral and shells; and certain plants to name a few.

FWS does allow some personal importation of FWS regulated commodities without permits; however, there are specific requirements and processes for such articles. See Information for Travelers/Tips for Travelers on the FWS site for these importations. NOTE: These guidelines apply to wildlife items that you carry with you or bring back in your checked luggage for your personal use. Stricter prohibitions may apply if you mail or ship your purchases home. A brief summary of FWS is in your study materials 6.2-Fish and Wildlife. In all cases, commercial imports regulated by FWS will require the submission of data contained in the FWS Form 3177 (6.2a, instruction are in 6.2b). Many of the FWS regulated items may require a permit, and some require permits from more than one agency. Also included in your study materials is an FWS brochure titled “Facts about Wildlife Laws” (6.2c) As we review the various agencies we will see similarities, as well as big differences, in how each agency defines processes, words, and procedures. For example, the FWS defines “import” as - any wildlife introduced or brought into, or landed on, any place under U.S. jurisdiction; while CBP customary connects “import” to “entry”. And FWS does not require the declaration of cargo if it is only “transiting through the US”; however, CBP does. CBP allows all entries (with the exception of drawback) to be filed in any US port of entry, while FWS requires the use of a “designated port”.

The ABC’s of Customs Brokerage Week Six Study Guide 9

The reporting quantities can be different too – CBP wants “manifest” carton count quantities for the cargo release portion and UOM (unit of measure) quantities for the entry summary data and CBP UOM may differ from the PGA reporting quantities - - - oh, wait until we get to FDA reporting quantities – yikes ! For the PGA the quantity reported is the quantity of the merchandise containing the regulated articles. For example, if we have 11 cartons of cargo arriving we will report 11 cartons for the cargo release to CBP. However maybe only 1 carton contains FWS regulated merchandise; in this case the carton count to FWS will be 1, not 11. PGA’s country of origin could also differ from the country of origin provided to CBP. Generally the country of origin provided to CBP is the country where the final article was made, or under goes “substantial transformation”, while FWS wants the county of origin of the FWS regulated article. If we have a knife being imported and the steel blade is from Germany, the staghorn handle is from Switzerland, and the knife is assembled in Germany, the country of origin for CBP will be DE (Germany) and the country of origin for FWS will be CH (Switzerland). There are no de minimis allowances for most PGA’s – so even if there is a tiny bit of PGA regulated product, PGA must be filed. Let’s say we have a shirt with a button made from a seashell. Yes, even the tiny little button would require an FWS filing. FWS is one of the agencies who require a fee to be paid on every shipment; this is called a “user fee”. Some items are endangered or near extinction and would therefore also require CITES. The universal CITES Form is included in your study materials (6.2d). CITES is not restricted to only the US; CITES is a universal treaty with hundreds of countries regulating certain fauna (animals) and flora (plants) trade that is endangered or becoming endangered. We generally thing of animals becoming extinct, but not plants, yet plants can also become extinct. For example, rosewood (Dalbergia stevensonii) from Belize is under CITES Appendix II. In fact, all Dalbergia rosewood species other than Brazilian rosewood (Dalbergia nigra) will be regulated under CITES, Appendix II. (Brazilian rosewood is protected by even stricter CITES regulations under Appendix I.) The new rosewood regulations officially took effect January 2, 2017. Like many

The ABC’s of Customs Brokerage Week Six Study Guide 10

other regulations which change according to the current situation or environment, CITES changes depending on the status of the fauna or flora. In 2001, rosewood from Belize was under Appendix III.

• Appendix I lists species that are the most endangered among CITES-listed animals and plants. They are threatened with extinction and CITES prohibits international trade in specimens of these species except when the purpose of the import is not commercial for instance for scientific research.

• Appendix II lists species that are not necessarily now threatened with extinction but that may become so unless trade is closely controlled.

• Appendix III is a list of species included at the request of a Party that already regulates trade in the species and that needs the cooperation of other countries to prevent unsustainable or illegal exploitation

Other federal agencies involved with the import and export of wildlife may have additional requirements. These agencies include U.S. Customs and Border Protection (CBP); the Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS); the U.S. Public Health Service; the U.S. Food and Drug Administration (FDA); and the National Marine Fisheries Service (NMFS); National Oceanic and Atmospheric Administration (NOAA); Food Safety and Inspection Service (FSIS); and a host of others – remember there are 48 total government agencies who regulate international trade and logistics!

⇔ Review the study materials provided in 6.2-6.2d ⇔ Watch the videos for FWS Form 3177 (6.2a) and CITES (6.2d) ⇔ Choose and discuss one product regulated by FWS that you were

surprised to know it was regulated by FWS Week 6 Lesson 3 – Food and Drug Administration (FDA): CFR Title 21 Food and Drug regulates much more than just food and drugs. As noted in the video, FDA also regulates medical devices, radiation-emitting products, vaccines, blood, biologics, animal and veterinary, cosmetics, and my favorite – tobacco products. We will review some of them in this lesson.

The ABC’s of Customs Brokerage Week Six Study Guide 11

Food, if not for personal consumption, has to have Prior Notice submitted. For purposes of Prior Notice, “food” is defined as: • Articles used for food or drink for man or other animals • Chewing gum • Articles used for components of items listed in the 1st and 2nd bullets Note: "Food" does not include food contact substances or pesticides. There are some exemptions to Prior Notice and those are listed on page 8 of your 6.3 Food and Drug Administration material sheet. Part of the Bioterrorism Act of 2002 (BTA) – full name: The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 – required the submission of Prior Notice for food to help thwart terrorist attacks in our international food trade. Congress was quite concerned that the next attack would be on our food supply chain. The next major change to the FDA rules and regulations, since the early 1900’s, was the Food Safety Modernization Act (FMSA), signed into law by President Barack Obama on January 4, 2011. Congress enacted FSMA in response to dramatic changes in the global food system and in our understanding of foodborne illness and its consequences, including the realization that preventable foodborne illness is both a significant public health problem and a threat to the economic well-being of the food system. A large part of the FDA’s consumer protection oversight of imported products is dependent on the entry process. The entry process is reliant upon data provided by parties outside of the FDA, such as customs brokers (entry filers) who submit entry information to the FDA on behalf of importers. The FMSA contained requirements that had effects on manufacturer, distributer, importer and the broker. We have included an abundance of resource materials on FDA for you (6.3) and I will summarize some here – Food: as noted above, food has to have Prior Notice submitted prior to it being imported into the US. Prior Notice is only for food. Many entities in the food supply chain have to be registered with FDA, including warehouses who hold the food and carriers who transport it.

The ABC’s of Customs Brokerage Week Six Study Guide 12

Drugs: these products are sensitive and in many cases will also have regulatory oversight by the Drug Enforcement Agency (DEA). Some drugs are “over the counter” and do not require the same oversight as many pharmaceuticals. We’ll look at some OTC’s when we review cosmetics. Medical devices: these products are under the international program of Center for Device and Radiological Health (CDRH) under the FDA umbrella. A medical device can be anything from a wooden tongue depressor to an x-ray machine or a robotic part of medical equipment. The term “product code” can get a bit confusing when talking about medical devices as there are FDA Product Codes (for all FDA regulated products) then there are Medical Device product codes that are specific to medical devices. A link to the FDA Product Code builder is in the 6.3 FDA materials on page 15. You will notice that part of the Medical Device product code is incorporated in the full FDA product code. Before an importer can import a medical device they have to determine if the device does or does not require registration of the manufacture, device registration, or maybe a 510(k). This information must be transmitted with the entry data elements in ACE. Medical devices are controlled based on risk factor and are within 16 medical specialties. Radiation-emitting products: Any products or component that emits radiation. Items such as televisions, video displays, x-ray, lasers, microwave ovens, CD players, and similar articles are considered electronic products that emit radiation. These articles, when imported, must have the information contained in the FDA 2877 Form (6.3a) transmitted with the entry data in ACE. We have included a video on the FDA 2788 and there must be Affirmation of Compliance codes entered with radiation-emitting products. Oh yes, and like with medical devices, there are “product codes” for these items too. Vaccines, Blood and Biologicals: Like drugs, these are sensitive products. The Center for Biologics Evaluation and Research (CBER) under FDA has direct oversight of these products. This is the ABC’s so we will not dive into this particular commodity.

The ABC’s of Customs Brokerage Week Six Study Guide 13

Animal and veterinary: these products are treated very similar to food items being imported for humans. Registrations of entities and products are required in many cases. Like with human drugs, preapproval from FDA must be obtained. Cosmetics: the products are regulated by FDA under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and are defined as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body...for cleansing, beautifying, promoting attractiveness, or altering the appearance.” Whew, that was a mouth full. Occasionally there could be difficulty in determining if an article is a drug or a cosmetic. The FD&C Act defines drugs, in part, by their intended use, as "articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease" and "articles (other than food) intended to affect the structure or any function of the body of man or other animals". Then we have Over the Counter (OTC) drugs and to make it even more confusing, some products meet the definitions of both cosmetics and drugs. For example, a shampoo is a cosmetic because its intended use is to cleanse the hair. An antidandruff treatment is a drug because its intended use is to treat dandruff. Consequently, an antidandruff shampoo is both a cosmetic and a drug. Among other cosmetic/drug combinations are toothpastes that contain fluoride, deodorants that are also antiperspirants, and moisturizers and makeup marketed with sun-protection claims. Such products must comply with the requirements for both cosmetics and drugs. Tobacco: I can’t even talk about tobacco and FDA. Let’s just say, FDA closely monitors retailer, manufacturer, importer, and distributor compliance with Federal tobacco laws and regulations and takes corrective action when violations occur as outlined in the Tobacco Control Act. Tobacco will be also need to have Alcohol, Tobacco, and Firearms (ATF) and Tobacco Tax Bureau (TTB) reporting and Federal Excise Taxes will have to be paid. All FDA regulated products have to have a Product Code identifier transmitted with the entry elements. Product Codes for FDA are similar to

The ABC’s of Customs Brokerage Week Six Study Guide 14

what HTS codes are to CBP; however product codes do not have any duties or fees they are for identification purposes. Not all FDA regulated products have to have AoC transmitted, however some products must have the AoC or the entry will be rejected. There is a link to the AoC on page 5 of your study materials (6.3). Reporting quantities for FDA are, well, not as easy as the reporting quantities of CBP. There is information on FDA reporting quantities on pages 31-33 of the 6.3 resource materials. FDA will provide one of the following conditions to products they regulate - May Proceed / Documents Required / Detention / Refusal.

⇔ Review the study materials provide in 6.3-6.3a ⇔ Watch the video for the FDA Form 2877 (6.3a) ⇔ Write an essay (200-300) words on the benefits of no de minimis

allowance in PGA’s Week 6 Lesson 4 – US Department of Agriculture (USDA): CFR Titles 7 & 9 There are 34 sub-agencies within USDA. We will review a few of them. Agricultural Marketing Service (AMS) – not to be confused with Automated Manifest System (AMS). You will find in many instances that the same acronym could mean different things… reader and speaker beware. Animal and Plant Health Inspection Service (AHPIS) – this sub-agency regulates both animals and plants. Food Safety and Inspection Service (FSIS) – they regulate three main products: meat, poultry and egg products. Foreign Agricultural Service (FAS) is similar to FDA in they regulate multiple foods, as well as other products, including beer, wine and spirits. We have to look at different agencies as well as different sub-agencies when determining who all has regulatory oversight of the product. For example, AMS issues rules about cotton fees; however, we also see that

The ABC’s of Customs Brokerage Week Six Study Guide 15

FAS regulates cotton. AMS regulates fruits, and FDA also regulates fruits, oh yes, and FAS regulates fruits. Is fruit considered a plant? Yes, yes it is therefore we could see APHIS involved in that import of fruit products as well. In fact, there could be permits required by APHIS for the fruit import. APHIS may also require a permit for certain animal and animal products. Who else could be involved here? Maybe, FWS, maybe FSIS, maybe CITES… APHIS is one of those agencies who may require a permit just to allow the product to transit through the US. Permits could be required for animals, animal products, veterinary biologics, plants, plant products, pest, organisms, soil, and genetically engineered organisms. AHPIS has quarantine areas where Agriculture Quarantine Inspections (AQI) may need to be performed. Most plants, seeds, and soils being imported into the US will require an AQI. There are currently 16 Plant Protection Quarantine (PPQ) stations in the US. If you recall, way back in Week 4 we reviewed the 7501/Entry Summary and the requirements and formats of certain data that has to be submitted in ACE. For agricultural license numbers, required in column 33, there is a specific format that must be entered for the number. AHPIS is the agency where we are introduced to the Lacey Act (the Farm Bill) and ISPM 15. Under the Lacey Act certain importations of wood and wood products must have information submitted that is contained in the PPQ 505 Form (6.4a). ISPM 15 is for wood packing materials (WPM) and is required for all wood packing materials. ISPM is not US specific and other countries require the wood to be treated before importation. The wood must be treated, either by heat or chemical, and properly stamped indicating treatment was done. The stamp, which can be viewed on the APHIS-UDSA site, has a specific symbol and then has a series of letters and numbers. For both heat treatment (HT) and methyl bromide (MB) fumigation programs , the quality/treatment Mark consists of the a) agency trademark which is the identifying symbol, logo or name of the accredited agency, b) the Facility Identification which is the WPM product manufacturer name, brand or assigned facility number, c) the HT or MB mark, d) the country code which is the two letter ISO country abbreviation, e) the IPPC Approved international symbol for compliant wood packaging material and f) DUN

The ABC’s of Customs Brokerage Week Six Study Guide 16

when indication is used for dunnage. APHIS-USDA has a Wood Packaging Materials Frequently Asked Questions for more information. FSIS are known as the meat, poultry, and egg guys…but they also regulate Siluriformes and products thereof; Siluriformes – Ictaluridae to be exact, or as we may commonly call it – catfish. The eligible countries, products, and process that can take place change depending on what is going on that a specific region with a specific commodity. Eligible products are from a country that the United States (U.S.) has already determined to have an equivalent meat, poultry, or egg product inspection systems. There could be restrictions to imports and restricted cooked products from regions where Foot-And-Mouth disease exists. Therefore eligibility of country, process, and product must be checked frequently. FAS regulates a plethora of products. Some that come to mind immediately are dairy and sugars – these products not only need permits and licenses, they are also subject to quota. Whew, and to think – this is the ABC’s!

⇔ Review the study materials provide in 6.4-6.4a ⇔ Watch the video for the USDA PPQ 505 Form (6.4a) ⇔ Discuss the difficulties of determining the correct PGA or PGA’s that

regulate a product Week 6 Lesson 5 – Environmental Protection Agency (EPA): CFR Title 40 EPA takes procedures and issues regulations that help protect our environment. If we think for a moment, what doesn’t affect the environment? We’re not going to cover everything, this is the ABC’s, but we will look at some of the products we see imported that EPA regulates. Pesticides we certainly expect EPA to regulate, but what about a device? Yes, certain devices are regulated by EPA. Although all devices do not require registration, unless they contain any pesticide product, they are regulated in that false or misleading claims cannot be made about the effectiveness of devices. Some devices regulated by EPA are certain ultraviolet light units, devices that repel pests, some insect traps that kill or

The ABC’s of Customs Brokerage Week Six Study Guide 17

entrap insects, ground vibrators for repelling underground animals, and water and air treatment units. Some devices not regulated by EPA are the fly swatter, fish traps, and mice and rat traps. EPA defines a pesticide device as: An instrument or contrivance (other than a firearm) that is used to destroy, repel, trap or mitigate (lessen the severity of) any pest such as insects, weeds, rodents, certain other animals, birds, mold/mildew, bacteria and viruses. Imports of pesticides and pesticide devices must have the information contained in EPA Form 3540-1 (6.5a) submitted in ACE with the entry data. All pesticides and establishments have to be registered with EPA. EPA regulates ozone-depleting substances. If you look at old pictures from the 1980’s or sooner you’ll understand why – man it took a lot of hairspray for those hairdos. And we like to keep cool in hot weather, so we have Freon. Freon is a chlorofluorocarbon (CFC) that has been linked to ozone depletion, so it is quickly being phased out of use. Caution, the term quickly being used by the government is not the same as most of us think of quickly, however most AC unites manufactured after 2003 do not use Freon. EPA has oversight of chemical imports. If the chemical is to be used in human or animal drugs, we look back to FDA, DEA, and possibly USDA. Some common chemicals we think of are products such as ammonia, sulfur, hexabromocyclododecane (maybe not so common), ethers, formaldehyde, and nitrogen to name a few. But have you considered certain metals as chemicals? Lead, mercury, copper, and some silver are just a few metals that are regulated by EPA. Most chemical are regulated under the Toxic Substance Control Act (TSAC) and have to have TSCA indicators submitted with the entry data. We have included some TSCA information in your study materials – see 6.5b. EPA regulates vehicles and engines, as does DOT. Unless for personal use, many vehicle imports are done by an Independent Commercial Importer (ICI) or an Original Equipment Manufacturer (OEM). Vehicles and engines have certain emission standards that must be met, whether for off-road on on-road use. We have included in your study materials the EPA Forms for importing a vehicle, engines and equipment (6.5c and 6.5d) for on-road and off-road use.

The ABC’s of Customs Brokerage Week Six Study Guide 18

⇔ Review the study materials provide in 6.5-6.5d) ⇔ Watch the videos for EPA Form 3541-1 (6.5a) and EPA Form 3520-1

(6.5c) ⇔ Write an essay (200-300 words) summarizing the products regulated

by EPA and name a commodity from each discipline that is regulated Week 6 Lesson 6 – Consumer Products Safety Commission (CPSC): CFR Title 16 By its name, Consumer Product Safety Commission regulates consumer products. But what is a consumer product? CPSC has a list of Regulated Products and you may find products on the CPSC list that you would also find on other government agencies lists. For example, acetaminophen is on the CPSC list for the Poison Prevention Packaging Act (PPPA) and adhesives containing methyl alcohol for the Federal Hazardous Substance Act (FHSA) while extremely flammable contact adhesives are jurisdiction of the Consumer Product Safety Act (CPSA). Here we can identify several other agencies that would also regulate these products. Textile articles, such as clothing textiles, vinyl plastic film, carpets and rugs, children's sleepwear and mattresses and mattress pads are regulated by CPSC under the Flammable Fabrics Act (FFA). Almost every product marketed to youths will be regulated by CPSC. CPSA and the Consumer Product Safety Improvement Act (CPSIA) provide regulatory and enforcement addressing, among other things, lead, phthalates, toy safety, durable infant or toddler products, third-party testing and certification, tracking labels, imports, ATVs, as well as civil and criminal penalties. A message set containing a general conformity certificate or children’s product third party certificate must be included in the entry transmission to ACE.

⇔ Review the study materials provide in 6.6 ⇔ Discuss how the CPSC helps to keep us safe

Week 6 Lesson 7 – The ACE Executive Order In 2014 when President Obama issued the “Streamlining the Export/Import Process for America’s Business” I prepared a recap of some of the order. I have shared that in you study materials 6.7 OGA’s and The Executive Order.

The ABC’s of Customs Brokerage Week Six Study Guide 19

An agency that I did not touch on but would like to bring to you is – Census. Yes, the folks that want to know how many people live in your house, how much you make, how many toilets you have, etc… they also collect statistical data and use it to screen for data errors. Complete Census warning codes can be found in Appendix H of the ACE CATIR. If you are submitting an entry and receive one of these “error” codes it does not necessarily mean you have an error, rather, it is a warning telling the filer to check their data for accuracy. All PGA’s who regulate a product must provide release or may proceed in addition to the CBP release before cargo can enter the commerce of the US. And, remember those folks over at the IRS? Although they do not have oversight of regulatory matters, per se, CBP collect taxes (excise taxes) on their behalf. Some PGA links that could assist you are below: Partner Government Agency Electronic Filing Status in ACE PGA Corrections Table ACE CATAIR Appendix PGA ACE Cargo Release PGA Message Set Glossary ACE/ITDS PGA Message Set Process Flows

⇔ Review the study materials provide in 6.7 ⇔ Choose one PGA listed in the Executive Order, research what they

regulate, and write an essay (200-300) words about the agency Week 6 Quiz

⇔ Take the Week 6 quiz of 25 questions