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All COVID-19 coronavirus activities, updates, alerts, news releases, etc.

COVID-19

CBP Releases March 2022 Monthly Operational Update

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WASHINGTON — U.S. Customs and Border Protection (CBP) today released operational statistics for March 2022, which can be viewed online . “CBP continues to enforce the CDC’s Title 42 Public Health Order. Half of migrants encountered in March were processed for expulsion under Title 42, and those who were not p rocessed under Title 42 continue to be processed for removal under Title 8, the same authorities CBP has used throughout our history,” said CBP Commissioner Chris Magnus. “While we may likely see an increase in encounters after the CDC’s Title 42 Public Health Order is terminated on May

COVID-19: 90 Day Postponement Frequently Asked Questions

FAQs

Do entries in which the broker acts as the Importer of Record (IOR) qualify for the 90 day postponed payment if the broker does not qualify for the significant financial hardship?

No. The determination of who qualifies for the 90-day postponement is based on the party identified as the IOR on the entry. IORs who meet the criteria identified for significant financial hardship due to COVID-19, as outlined in the Temporary Final Rule and  CSMS 42423171, and whose entries do not include AD/CVD or Trade Remedy duties, are eligible for the 90-day postponed payment. A broker acting as the IOR must meet the criteria for significant financial hardship in order to postpone payments under 19 C.F.R. § 24.1a. 

Do entries imported by an IOR that meets the significant financial hardship criteria outlined in the Temporary Final Rule and paid on a broker monthly or daily statement qualify for the 90-day postponement?

Entries imported by an IOR that meets the significant financial hardship criteria and do not include AD, CVD or Trade Remedy duties are eligible for the 90-day postponement and may be removed from the broker statement.

Does an entry that has merchandise that was granted an exclusion from a Trade Remedy qualify for the 90-day postponement?

Merchandise granted an exclusion from Trade Remedy duties qualifies for the 90-day postponed payment. The exclusion must be in effect at the time of entry. Merchandise that benefits from the retroactive application of exclusions after the time of entry are not eligible for the 90-day duty postponement. Entries with any merchandise subject to AD/CVD, Section 201, 232 or 301 Trade Remedy duties are not eligible for the 90-day postponement. 

If the IOR is a wholesaler who sells to retailers whose operations are suspended due to COVID19, will the IOR’s entries be eligible for the 90-day postponement?

The wholesaler IOR must meet the significant financial hardship criteria in order to be eligible for the 90-day postponement. It is the IOR’s responsibility to substantiate its own significant financial hardship.

Are entries filed in March that were scheduled for daily statement but not paid eligible for the 90-day postponement?

As a general rule, CBP offices will exercise discretion and flexibility in working with importers in light of the COVID-19 impacts. This temporary postponement applies to formal entries of merchandise entered, or withdrawn from warehouse, for consumption (including entries for consumption from a Foreign Trade Zone) in March or April 2020 where estimated duties, taxes, and fees have not been paid. Entries in this scope that have not been paid due to significant financial hardship will qualify for the 90-day postponement, if they satisfy all other requirements. Entries for which a payment was made but had insufficient funds are not eligible for the 90-day postponement. 

Can CBP confirm what the term ‘made’ covers?

The TFR reads (page 10, under the new wording in §24.1a(a)(1)) “This temporary postponement applies only to entries, or withdrawals from warehouse, for consumption, made on or after March 1, 2020…” (emphasis added). 

The temporary postponement applies to merchandise entered, or withdrawn from warehouse or foreign trade zone, for consumption in March or April 2020. The time of entry, pursuant to 19 C.F.R. § 141.68, establishes when an entry for consumption is made.

In the below scenario, can the broker put an entry BACK on a monthly statement subject to the 90-day postponement?

An entry covered on the Periodic Monthly Statement (PMS) that printed on 4/15/2020 and due to be withdrawn on 4/21/2020, the broker removed the entry from the PMS and changed it to a Pay Type 1 (single pay) over the last few days.

Yes, in the situation in which an entry was removed from a PMS and designated as a single pay, the broker can designated it for a future statement, assuming all eligibility criteria are met.

If payment of the estimated duties is deferred, can you still claim drawback against the entry summary during that deferral period? Does ACE prevent you from doing so or must you know not to make the claim?

No, a drawback claim should not be filed. Drawback claims may be liquidated only after estimated duties are deposited with CBP in accordance with 19 C.F.R. § 190.81(a)(2) and (b). CBP is advising that filers delaying duty payment during the 90 day postponement period due to financial hardships, should not file any drawback claims; accelerated or non-accelerated, until payments have been properly made on the import entry(s), this includes. Drawback claims may be filed up to 5 years after the date of importation of the merchandise that is identified or designated as the basis for the drawback claim.

Does the 90 day postponement apply to the Cotton Fee assessed on all imports of cotton and cotton products?

Yes, the 90-day postponement applies to the Cotton Fee.

What is meant by “gross receipts” as part of the significant hardship criteria?

CBP is adopting the definition of “gross receipts” used at 26 CFR 1.993-6.

One criteria for allowing a Post Summary Correction (PSC) is that it is “fully paid.” Does this mean that a PSC would not be allowed on an entry that has duty postponed until after the duty is paid 90 days later?

Correct. A PSC cannot be filed on an entry summary until it is paid.

CSMS 42423171 section ENTRIES NOT ELIGIBLE FOR THE 90-DAY POSTPONEMENT states, “This authorization only applies to entries that have not yet been filed; it does not apply to entries that have already been filed.” Please explain.

The submission of separate entries to segregate eligible merchandise from ineligible merchandise applies to entries that have not yet been filed. Filers should not cancel entries previously filed in order to refile new entries in order to take advantage of the 90-day postponement.

Are Reconciliation entries (Entry type 09) eligible for the 90-day postponement?

No. The 90-day postponement applies to formal entries of merchandise entered, or withdrawn from warehouse, for consumption (including entries for consumption from a Foreign Trade Zone) in March 2020 or April 2020.

With respect to entries with merchandise subject to AD/CVD, is merchandise considered to be “subject” if no AD duty is assessed? Similarly, if there is an AD/CVD case established but a zero rate applies, do these goods fall under the term “subject?”

Entries that are subject to an AD/CVD case with no rate yet established, or with a zero rate applicable, are not eligible for the 90-day postponement.

With respect to entries with merchandise subject to AD/CVD, is merchandise considered to be “subject” if no AD duty is assessed? Similarly, if there is an AD/CVD case established but a zero rate applies, do these goods fall under the term “subject?”

Entries that are subject to an AD/CVD case with no rate yet established, or with a zero rate applicable, are not eligible for the 90-day postponement. 

Does the broker need to have something in writing from the importer to confirm hardship?

An importer who meets the significant financial hardship criteria does not need to file documentation with CBP to be eligible for this relief but must maintain documentation as part of its books and records establishing that it meets the requirements for relief. It is up to the broker if they choose to secure documentation from the importer confirming hardship.

Statement of U.S. Customs and Border Protection Commissioner Chris Magnus Concerning Title 42

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WASHINGTON —U.S. Customs and Border Protection Commissioner Chris Magnus issued the following statement following Friday’s announcement that Centers for Disease Control and Prevention’s (CDC) will, effective May 23, 2022, terminate its Title 42 public health Order: “The Centers for Disease Control and Prevention announced Friday that it will terminate its Title 42 public health order effective May 23, 2022. Pursuant to its Title 42 authority, the CDC has, since March 2020, required the expulsion of unauthorized single adults and family units arriving at the land borders in order to protect

CBP Releases February 2022 Monthly Operational Update

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WASHINGTON – U.S. Customs and Border Protection (CBP) today released operational statistics for February 2022, which can be viewed on the CBP Enforcement Statistics page. “CBP’s February Monthly Operational Update reflects the continued economic rebound from the depths of the COVID pandemic, with CBP officers processing more than 2.8 million shipments in legitimate trade valued at more than $236 billion. February also registered a slight uptick in the number of encounters along the Southwest border, with most individuals arriving from Mexico and the Northern Triangle, and the majority of

CBP Reducing Hours of Operation for Milltown, Maine Port of Entry

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CALAIS, ME – U.S. Customs and Border Protection (CBP) will be reducing the hours of operations for the Milltown Port of Entry (POE) from 6 a.m. – 6 p.m. to 8 a.m. – 4 p.m. beginning on March 13, 2022. CBP operates two nearby border crossings at Ferry Point and International Avenue, both of which operate 24/7 and are located approximately 2 miles north and south of Milltown, respectively. The change to operational hours comes as an attempt to better allocate resources during peak travel periods within the Calais, ME area of operations. “CBP is constantly searching for better ways to serve the

Multiple Criminal Migrants Arrested in the RGV

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EDINBURG, Texas – Rio Grande Valley (RGV) Sector Border Patrol agents arrested several migrant criminals this week. On Feb. 7, McAllen Border Patrol Station (MCS) agents arrested a Salvadoran national near Mission, who admitted he was a Mara-Salvatrucha (MS-13) gang member and was previously arrested in his home country for resisting arrest. Shortly after, MCS processing agents discovered a Salvadoran national whose record checks revealed she is an MS-13 gang member. The female was displaying COVID-19 symptoms and was transported to a local hospital where it was confirmed she was COVID

CBP Releases December 2021 Monthly Operational Update

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WASHINGTON — U.S. Customs and Border Protection today released operational statistics for December 2021, which can be viewed online . “The dedicated men and women at CBP are committed to ensuring dangerous drugs and counterfeit products are off the streets, our communities are kept safe, and our borders are secured,” said CBP Commissioner Chris Magnus. “Equally important to our mission is facilitating lawful trade and travel that is critical to the sustained growth of the U.S. economy. In December, CBP collected more than $9 billion in estimated duties, and also saw a dramatic increase in the

CBP Releases November 2021 Monthly Operational Update

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WASHINGTON – U.S. Customs and Border Protection (CBP) today released operational statistics for November 2021, which can be viewed online . “CBP’s November Monthly Operational Update reflects an incredible amount of work on behalf of the American people to keep dangerous drugs and products out of our communities, to facilitate travel and billions of dollars in trade, and to maintain security along our borders,” said CBP Commissioner Chris Magnus. “It’s an honor to lead a workforce whose mission is so vital to our economic health and national security. CBP's vigilance is key to disrupting

CBP Releases October 2021 Monthly Operational Update

Release Date
WASHINGTON — U.S. Customs and Border Protection (CBP) today released operational statistics for October 2021, which can be viewed online . “CBP’s workforce continues to demonstrate excellence and dedication as they manage heightened travel demands on the border, facilitate a return to normal travel and trade at all our ports of entry, and manage migrant encounters in a safe, orderly, and humane way,” said CBP Acting Commissioner Troy Miller. “In October, CBP saw significant increases in pedestrian, air, and vehicle travel, even as we prepared to allow fully vaccinated, documented travelers