Key Issues
for the Toy Industry
10+2
Importer Security Filing
The Importer Security Filing (ISF) commonly referred to by the trade as
“10+2” is a U.S. Customs and Border Protection (CBP)
regulation that requires importers and vessel common carriers to provide
trade data to CBP in advance of the shipments arriving into the U.S. by
vessel (ocean cargo).
More
information
Automated
Commercial Environment (ACE)
The Automated Commercial Environment (ACE) is the commercial trade
processing system used by the U.S. to automate border processing,
enhance border security and foster our Nation’s economic security
through lawful international trade and travel.
When fully developed and implemented ACE will:
- Allow participants access to and management of their trade
information via reports;
- Expedite legitimate trade by providing CBP with tools to efficiently
process imports / exports and move goods quickly across the border;
- Facilitate efficient collection, collaboration and compliance
efforts between CBP and the trade community;
- Provide an information-sharing platform for trade data between
government agencies.
View current status
report
Certified
Cargo Screening Program (CCSP)
The Implementing Recommendations of the 9/11 Commission Act of 2007
required 50% screening of air cargo, at the piece level, by February
2009 and 100% by August 2010. The Transportation Security Administration
(TSA) created this voluntary program which is a partnership between
industry and government. Domestic facilities that seek approval as CCS
facilities are subject to rigorous security regulations by the
TSA.
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information
C-TPAT
(Customs and Trade Partnership against Terrorism)
C-TPAT is a voluntary initiative between government and industry with
the goal of strengthening and improving the overall international supply
chain and bolster U.S. border security. C-TPAT participants must
ensure the integrity of their security practices and communicate and
verify the security guidelines of their business partners within the
supply chain. In return, the companies benefit from “fast
lane” border crossings and other important incentives. Companies
of all sizes can benefit from C-TPAT membership.
View C-TPAT
Worksheet
Dodd-Frank Act Conflict Minerals Reporting
Requirements
On August 22, 2012, the U.S. Securities and Exchange Commission (SEC)
adopted a rule mandated by the Dodd-Frank Wall Street Reform and
Consumer Protection Act (2010) that requires publicly traded companies
to disclose their use of conflict minerals originating in the Democratic
Republic of the Congo or an adjoining country, in order to stop rebel
groups from illegally using profits from the minerals to fund their
activities. Section1502 of the Act is a disclosure provision that
requires companies to determine whether their products contain conflict
minerals (tantalum, tin, gold or tungsten) and report their findings to
the Securities and Exchange Commission (SEC) on an annual basis.
View
Dodd-Frank Reporting Requirements
FDA’s New
Import Trade Auxiliary Communications System (ITACS)
On March 14, 2012, the Food and Drug Administration (FDA) opened to the
public its new Import Trade Auxiliary Communications System
(ITACS). ITACS is an Internet-based information system which,
initially, allows importers and their representatives to check the
status of import entries subject to FDA clearance, electronically submit
documentation relating to such entries, and provide shipment
availability information to the FDA for goods that have been targeted
for examination.
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information
Intellectual
Property Rights
In recent years, counterfeiting, piracy and other intellectual property
rights (IPR) violations have grown in magnitude and complexity, costing
businesses billions of dollars in lost revenue and often posing health
and safety risks to consumers. Companies may take steps to protect
their IPR by recording, and renewing, trademarks, copyrights and trade
names with CBP.
Lacey
Act Amendment
The Lacey Act is the world’s first ban on trade in illegal wood.
In 2008 Congress passed a farm bill, which included an amendment to the
100 year old Lacey Act to address illegal logging. The Act:
- Prohibits all trade in plant and plant products that are illegally
sourced from any U.S. state or foreign country.
- Requires importers to declare the country of origin of harvest and
species name of all plants contained in their products.
- Establishes penalties for violation of the Act, including forfeiture
of goods and vessels, fines and jail time.
More
information
Manifest
Confidentiality
Simply put, there is a regulation (19CFR 103.31) which requires
Importers to file certain trade information with CBP; many of these same
data elements are also now required as part of the ISF
“10+2” requirements. It has come to TIA’s
attention that certain publications and Internet based operations are
selling this trade information. Section 19 CFR 103.31 allows an
Importer to keep its manifest information confidential; confidentiality
must be formally requested in writing and renewed every two
years.
Statistical Provisions for Toy Tariffs
In 2010, the Consumer Product Safety Commission (CPSC) requested that
the 484(f) Committee, which is responsible for annotating the
eight-digit subheadings in the Harmonized Tariff Schedule of the United
States (HTSUS) with statistical suffixes, add numerous
statistical breakouts to the tariff in order to facilitate the
CPSC’s tracking of imported goods subject to certain product
safety requirements administered by that agency.
In 2012, changes were made to the statistical breakouts
in Chapter 95 -- Toys, games and sports requisites; parts and
accessories thereof under heading 9503. The number of statistical
provisions has been reduced from seven to five, and the wording has been
changed.
View Chapter 95 in Harmonized Tariff Schedule of the
United States (2012)
Background information regarding Statistical Provisions
for Toys
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