Communication Board(COMM_NCS)

Communication Board (COMM_NCS)



#0011C-TPAT Business Partner & SVI Verification By Bennett2/17/2009
Your C-TPAT status information is very important for faster facilitation of your imports through Customs. Please update by sending email to bjohnson@nitusa.com



Dear Valued Customers,

Please be advised that C-TPAT requires us to maintain a security status record of our customers annually, which must be provided to the CBP upon request.

If your company was not C-TPAT certified in 2007. If your firm was C-TPAT certified this year, please provide us with your SVI number. If you are in the process of becoming C-TPAT certified, please indicate "Applying for C-TPAT".

If your company has obtained a certification in a supply chain security program being administered by foreign Customs Administration; please indicate your status and country of participation.

For your general information and awareness, the definition of supply chain for C-TPAT purposes recognizes the diverse business models that its members employ and is defined from point of origin (manufacturer/ supplier/vendor) through to point of distribution.

Appropriate security measures, as indicated below, must be implemented and maintained by your company, based on risk.

Container & Trailer Security

Whether your company is a C-TPAT member or not, it is critical to have security measures in place at the point of stuffing, procedures to inspect, properly seal and maintain the integrity of the shipping containers and trailers.

In addition, if your company is a C-TPAT member, the seven-point inspection process for empty containers prior to the loading the cargo, as well as the seventeen-point inspection process for all trailers/tractors, should be followed. This information can be found on the C-TPAT Secure Communications Portal, under ‘Document Exchange’.

Container & Trailer Seals
The sealing of trailers and containers are crucial to the security of the supply chain and cargo integrity. C-TPAT requires importers to comply with the following.

· The seals used to secure loaded containers and trailers bound for the U.S. must meet or exceed the current PAS ISO 17712 standards for high security seals.

· When necessary your company must institute procedures for recognizing and reporting compromised seals to CBP or the appropriate foreign authority.

Advanced Submission of Data

C-TPAT importers who are NOT filing entry prior to the arrival of their cargo in the port of arrival are not receiving their full C-TPAT benefits, especially reduced examinations.

To fully realize the reduced cargo examinations afforded to C-TPAT importers, entry must be made to CBP as early in the importation process as possible, and at least 24 hours prior to the cargo arriving to the first port of entry within the United States.

This is necessary because C-TPAT benefits are aligned with a C-TPAT members' importer of record number. The importer of record number only becomes known when entry is filed; importer of record numbers are not identified on manifest information.

This applies only to cargo imported via ocean transport (sea containers), and not to cargo arriving via other modes of transport.

Receiving Cargo

Arriving carg/u> should be reconciled against information on the cargo manifest. The cargo should be accurately described, and the weights, labels, marks and piece count indicated and verified. Cargo should be verified against purchase or delivery orders.

Drivers delivering or receiving cargo must be positively identified before the cargo is received or released. Procedures should also be established to track the timely movement of incoming goods.

Cargo Discrepancies

All cargo shortages, overages, and other significant discrepancies or anomalies must be resolved as follows:

· The discrepancy or anomaly must be fully investigated.

· CBP and/or other appropriate law enforcement agencies should be notified for any discrepancy or anomaly if illegal or suspicious activities are detected or suspected.

· Have the broker assist in the reporting of the anomaly, and make appropriate modifications in the transmission of entry data.

C-TPAT security criteria is provided on the CBP website, however if you have any questions or require any C-TPAT assistance, please do not hesitate to contact us.

Your kind cooperation in this matter is greatly appreciated.

Sincerely,

Bennett Johnson, President

Nissin Customs Service, Inc.



#0010Power of Attorney Form By Bennett Johnson2/5/2009
Power of Attorney Form for Customs Entry and, or Import Security Filing.
Power of Attorney.doc


#0009CPSC DELAYS TESTING AND CERTIFICATION REQUIREMENTS FOR CERTAIN CONSUMER PRODUCTS By Bennett Johnson2/5/2009


Importers and domestic manufacturers of certain consumer products have been granted an additional year to comply with some of the testing and certification requirements imposed under the Consumer Product Safety Improvement Act of 2008. The Consumer Product Safety Commission voted Jan. 30 to postpone for one year, until Feb. 10, 2010, its enforcement of the CPSIA's requirement that regulated products, including products intended for children 12 years old and younger, be tested and certified regarding their conformity with certain standards, including lead content and flammability. This decision will give the CPSC more time to finalize proposed regulations that could relieve certain materials and products from lead testing requirements and to issue more guidance on when testing is required and how it is to be conducted.

This decision does not delay enforcement or change the actual safety standards for particular products. The CPSC reiterates that all businesses, including handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all applicable safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA, and it states nothing specific about the commission's previous retroactivity opinion regarding the lead content requirement. These businesses will not, however, need to test and certify the compliance of their products until Feb. 10, 2010. Similarly, the CPSC is urging state attorneys general to focus their enforcement efforts on high-risk products, particularly those subject to recalls.

The stay of enforcement does not apply to:

. the ban on lead in paint and other surface coatings that is effective for products made after Dec. 21, 2008;

. the standards for cribs and pacifiers that are effective for products made after Jan. 20, 2009;

. the ban on small parts that will be effective for products made after Feb. 15, 2009;

. the limits on lead content of metal components of children's jewelry that will be effective for products made after March 23, 2009;



#0008Port to Begin Clean Trucks Fee Feb. 18, 2009 By Bennett Johnson2/4/2009
On February 18, the Port of Long Beach will begin collecting a Clean Trucks Fee to accelerate the replacement of thousands of polluting cargo trucks. At the same time the Port will kick off an electronic gate access system that will enable the fee collection and improve security at shipping terminals.

"It is imperative that we begin collecting the fees so we can move forward and achieve our clean-air goals," said Richard D. Steinke. "The truck financing fee is a critical, long-planned part of our Clean Trucks Program to protect public health and improve air quality and security."

The Clean Trucks Fee is expected to raise about $1 million a day or about $1 billion over the next few years at both San Pedro Bay ports to help finance the replacement of many of the 17,000 trucks that are a leading source of air pollution in Southern California.

"With the current credit crisis, it will be impossible for most truckers to replace all their trucks without our financial assistance program," Steinke said.

Collection of the fee was scheduled to begin in November, but was delayed twice due to FMC review.

"The Clean Trucks Program continues to serve us well, though the fee collection is essential to fully realize the environmental benefits of the program," Steinke said.

Beginning October 1, 2008, the Port took the unprecedented step of banning the most polluting trucks -- the 1988 and older vehicles -- the initial ban in a series planned under the Clean Trucks Program. On January 1, 2010, the Port will ban 1993 and older trucks, and un-retrofitted model year 1994 to 2003 trucks. By January 2012 all vehicles 2006 and older will be banned.

The West Coast Marine Terminal Operator Agreement (WCMTOA) created the not-for-profit company PortCheck to collect the Clean Trucks Fee for the ports of Long Beach and Los Angeles. The money collected will be transferred to the ports to provide financial assistance for the replacement of thousands of trucks during the next three years.

Under the program, the cargo owner is responsible for paying the Clean Trucks Fee. The fee will be payable by credit card or electronic funds transfer, and must be paid before a container can enter or leave the terminals.

In November, the ports filed with the FMC their PortCheck agreement with private terminal operators, who would develop and operate an online and electronic gate access system to collect the ports' $35 per twenty-foot-container-unit Clean Trucks Fee.

After the PortCheck agreement was filed with the FMC, the commission ordered an initial 45-day review and then a second 45-day review, which concludes Feb. 13. Furthermore, the FMC has filed a lawsuit to block portions of the Clean Trucks Program as anti-competitive. U.S. District Court Judge Richard J. Leon said he would not rule on the FMC's request for a preliminary injunction until sometime in 2009.



#0007Import Security Filing Data Form By Bennett Johnson1/12/2009
ISF Data Form

Use this form in lieu of Shipping Document for Import Security Filing purpose.Use this document for providing data element 9& 10, which is not provided on shipping document. Please provide accurate data known at the time of data submission for ISF filing.Save the data, and then send this form to isfdata@nitusa.com as an attachment to your email.
ISF Data Form.xls


#0006Import Security Filing Implementation By Bennett Johnson1/9/2009
Dear Valued Customer,

As you may already know, the interim final regulation for Importer Security Filing (“ISF”) becomes effective on January 26, 2009. While CBP will delay enforcement of the new requirement for at least one year, importers are strongly encouraged to consider how they will meet their obligations under the new program and to begin transmitting the available ISF data elements as soon as possible.

The ISF regulation applies to goods shipped to the United States via vessel and will require the submission of required data elements to CBP at least 24 hours before the goods are laden on board the vessel.

Please note that although “Do Not Load” will not be enforced during this 12 month phase-in period and CBP will “show restraint” and forego the issuance of penalties to importers and ISF Filers making a good faith effort to comply with the new ISF requirements; CBP has implied that importers who do not demonstrate a good faith effort to comply with the program may be subject to enforcement actions.

To begin your transition to comply with the new regulation, you (Importer) must first make a decision whether you will be filing the ISF independently or assign Nissin as your ISF agent to file on your behalf. Regardless of what you decide, it is our intent to work with you during the flexible enforcement period and develop the necessary solutions in your supply chain to meet this new regulatory requirement. Nissin will be hosting a Web-Portal application and Document Mail Box for receiving shipping documents or ISF data at isfdata@nitusa.com. We will be taking a step to file the ISF together with the customs entry as a Unified Entry Filing in the near future. There may be some fees assessed for ISF filing in the future depending on the extent of involvement, however it can not be determined at this time.

In addition, as your licensed customs broker, we:

1. Understand your Reasonable Care obligation and ensure the accuracy of the data transmitted to CBP to meet your compliance standard.

2. Are prohibited by regulation from disclosing client information to protect your confidential business information.

a. This prohibition does not extend to other parties who may be authorized to make the ISF.

3. Already have your Power of Attorney (may be modified) to get started.

Whether you are filing ISF independently, or nominate Nissin as your ISF filer, please start contacting NCS management at the Headquarter for set up and discuss any detail.

Rebecca Offield (310)222-8586 email: roffield@nitusa.com Carol Applegate (310)222-8595 capplegate@nitusa.com Bennett Johnson (310)222-8581 bjohnson@nitusa.com

Basic Requirements

For merchandise which is destined to be entered into the United States or placed into a foreign trade zone, importers or their agents must transmit the following data elements to CBP: (see attached for detail definition)

1. Seller name & address;

2. Buyer name & address;

3. Importer of record number;

4. Consignee number;

5. Manufacturer (or supplier) name & address;

6. Ship to name & address;

7. Country of origin of goods;

8. HTS number (6 digit).

9. Container stuffing location;

10. Consolidator name & address;









Data Flexibility

The interim final regulations provide flexibility with respect to certain elements of the program: First, as to timing, the “container stuffing location” and “consolidator” data elements may be transmitted up to 24 hours prior to shipment arrival in the United States. Second, CBP has provided for flexibility as to interpretation of the following elements: “manufacturer (or supplier),” “ship to party,” “country of origin,” and “HTSUS number.” These flexibilities were created in response to importer concerns regarding the availability and definition of the ISF data elements. CBP has invited additional comments on these elements and will evaluate any specific compliance difficulties encountered by the trade before issuing final regulations.

The ISF Importer

The “ISF Importer” is defined as “the party causing goods to arrive within the port limits of the United States.” The ISF Importer is responsible for filing the ISF. For goods which are not shipped in bond, the ISF Importer will be the goods’ owner, purchaser, consignee, or authorized agent. A third party agent who is properly authorized by a power of attorney may file the ISF on behalf of the ISF Importer or in its own name, provided that the ISF filing is secured by a CBP approved bond.

The ISF Importer is required to update the filing if there is any change in the data while the merchandise is in transit to the United States. Although the ISF will only be used for security targeting purposes, CBP has indicated that it may validate the ISF data against the information submitted at entry and that data discrepancies may lead to the assessment of liquidated damages and/or penalties against the ISF Importer (after the conclusion of the flexible enforcement period).

Bond Requirements

The ISF must be secured by a bond posted by either the ISF Importer or the ISF Filer, e.g., an agent designated by the ISF Importer. The CBP approved bond must be a continuous entry bond, an international carrier’s bond, or an “Importer Security Filing Bond.” The ISF bond is similar to a single entry bond and only secures the ISF filing, and a separate bond must be posted to secure the entry. While CBP has yet to issue ISF guidelines, CBP has indicated that the maximum liquidated damages exposure for an improper ISF filing is $5,000 per violation, so that $5,000 would appear to be the maximum value of the ISF bond.



Timing for ISF filing

Must file 24 hours prior to loading, but may file a range of “acceptable” responses based on reasonable knowledge at the time, and amend to provide clarity – but not later than 24 hours prior to arrival.

Items 1 through 4 are required to be transmitted no later than 24 hours prior to vessel departure.



Items 5 through 8 are required to be transmitted no later than 24 hours prior to vessel departure, but can be modified up to 24 hours prior to vessel arrival at a U.S. Port.



Items 9 and 10 are required to be transmitted no later than 24 hours prior to vessel arrival at a U.S. Port.


1. Seller. Name and address of the last known entity by whom the goods are sold or agreed to be sold. If the goods are to be imported otherwise than in pursuance of a purchase, the name and address of the owner of the goods must be provided. A widely recognized commercially accepted identification number (such as the Dun and Bradstreet Data Universal Numbering System (DUNS number) may be provided in lieu of the name and address.



2. Buyer. Name and address of the last known entity to whom the goods are sold or agreed to be sold. If the goods are to be imported otherwise than in pursuance of a purchase, the name and address of the owner of the goods must be provided. A widely recognized commercially accepted identification number (such as the DUNS number) for this party may be provided in lieu of the name and address.



3. Importer of record number/FTZ applicant identification number. Internal Revenue Service (IRS) number. Employer Identification Number (EIN), Social Security Number (SSN), or CBP assigned number of the entity liable for payment of al duties and responsible for meeting all statutory and regulatory requirements incurred as a result of importation. For goods intended to be



4. Consignee number(s). IRS number, EIN, or CBP assigned number of the individual(s) or firm(s) in the U.S. On whose account the merchandise is shipped.



5. Manufacturer (or supplier). Name and address of the entity that last manufactures, assembles, produces, or grows the commodity or name and address of the party supplying the finished goods in the country from which the goods are leaving. In the alternative the name and address of the manufacturer (or supplier) that is currently required by the import laws, rules and regulations of the U.S. (i.e., entry procedures) may be provided (this is the information that is used to create the existing manufacturer identification (MID) number for entry purposes). A widely recognized commercially accepted identification number (such as the DUNS number) for this party may be provided in lieu of the name and address. CBP states that it will not accept the current MID as an alternative to the complete name and address of the manufacturer.



6. Ship to party. Name and address of the first deliver-to party scheduled to physically receive the goods after the goods have been released from customs custody. A widely recognized commercially accepted identification number for this party (such as the DUNS number or Facilities Information and Resources Management System (FIRMS) code, when applicable) may be provided in lieu of the name and address.



7. Country of origin. Country of manufacture, production, or growth of the article, based upon the import laws, rules and regulations of the U.S.



8. Commodity HTS number. Duty/statistical reporting number under which the article is classified in the HTS. The HTS number must be provided to the six-digit level, but may be provided up to the 10-digit level. This data element can only be used for entry purposes if it is provided at the 10-digit level or greater by the importer of record or its licensed customs broker.



9. Container stuffing location. Name and address(es) where the goods were stuffed into the container. For break bulk shipments, as defined in 19 CFR 149.1, the name and address(es) of the physical location(s) where the goods were made “ship ready” must be provided. A widely recognized commercially accepted identification number (such as the DUNS number) for this element may be provided in lieu of the name and address.



10. Consolidator (stuffer). Name and address of the party who stuffed the container or arranged for the stuffing of the container. For break bulk shipments, as defined in 19CFR 149.1, the name and address of the party who made the goods “ship ready” or the party who arranged for the goods to be made “ship ready” must be provided. A widely recognized commercially accepted identification number (such as the DUNS number) for this party may be provided in lieu of the name and address.
ISF Notification to Importer.doc


#000510+2 Interim Final Rule By Bennett Johnson11/24/2008
PDF File
Interim Final Rule.pdf


#0004The Consumer Product Safety Improvement Act of 2008 was signed into law on 8/14/08 By Bennett Johnson11/12/2008
CPSIA impose a certification requirement. The list of CPSC product safety standards is available.
http://www.cpsc.gov/cgi-bin/regs.aspx


#0003First Sale Declaration By Bennett Johnson11/11/2008
U.S. Customs and Border Protection (CBP) - Implementation of the First Sale Declaration

The requirement for reporting whether the transaction value of any shipment entered for consumption is entered on the basis of the “first sale” has been established under section 15422(a) in the Food, Conservation and Energy Act of 2008, commonly referred to as the Farm Bill. Under the Farm Bill, the first sale declaration applies to goods entered for a one-year period commencing on August 20, 2008.

The First Sale Declaration Requirement mandates importers to declare to CBP, at the time of entry, whether the transaction value of goods entered for consumption or withdrawn from warehouse was determined on the basis of the price paid by the buyer in a sale occurring earlier than the last sale prior to the introduction of the merchandise into the United States.



Entry summaries for entries made between August 20, 2008 and September 19, 2008 are subject to the First Sale Declaration Requirement and must be amended if importers were unable to declare at time of filing. Retroactive reporting of the “FIRST SALE” declaration for entry summaries filed during the grace period must be presented to CBP by close of business September 26, 2008. It should be noted that the failure to properly identify and disclose the existence of First Sale transactions may result in CBP entry rejections, clearance delays and or penalties.

More information on this topic can be found at –

http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/first_sale/



Nissin Customs Service has modified our system to accommodate the First Sale declaration.

Please respond to this email, if your firm requires declaring First Sale.
http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/first_sale/


#0002g10+2h Rule faces obstacles By Bennett Johnson11/7/2008
The likelihood is increasing that the governmentfs g10+2h proposal requiring advance ocean shipment data for security screening will not see the light of day until 2009.
http://www.americanshipper.com/SNW_story.asp?news=108329


#0001Nissin corporation - japan (NCS) By Info10/14/2008
Global Intermodal Transport Service
Nissin is a pioneer in global intermodal transport service covering all our global sites in order to quickly respond to innovations in the logistic age. We provide door-to-door exporting and importing services for all types of cargo, including fragile, containers, and general cargoes, by combining the most optimal transport means, satisfying a variety of customer needs.

Basics of International Intermodal Transport
(1) Global service network via tie-up with local affiliates, representative offices, and overseas agents.
(2) Thru-transit responsibility and fares because of the combined transport bill of landing (B/L).
(3) Providing the latest cargo information by utilizing our computer network system.
(4) Experienced staff with rich expertise and superior know-how.
(5) Container transport system established in domestic and overseas markets.

http://www.nissin-tw.co.jp/nissine/logistics/kokusai/solution/index.html
nissin-001.pdf

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