FCC Eliminates Form Entry Filing Requirements for RF Devices

After several temporary suspensions, the U.S. Federal Communications Commission (FCC) has announced the permanent elimination of the requirement to file the FCC Form 740 import declarations for radio frequency (RF) devices with U.S. Customs (CBP) at the time of entry. The FCC stated, “Because of the exponential increase in imported RF devices, this filing requirement has become an unwieldy tool for the FCC and it has placed an increasingly substantial burden on importers. At the same time, the CBP’s revised database and the increasing availability of product information on the Internet and through other means have reduced the practical need for the form.”

In addition, the FCC announced the agency will allow required labeling information to be provided to the consumer via the device’s electronic display as an alternative to the requirement for etching or permanent labels on the exterior of devices. The agency is also combining two separate self-approval procedures into one, which will help reduce confusion as to which process applies to any given product. FCC stated, “This action is consistent with the objectives of the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014 or the E-LABEL Act.”

The elimination of entry filing of FCC data does not eliminate the importers responsibility to ensure the goods meet all FCC requirements. In general, equipment that emits RF energy must be authorized by the FCC prior to being marketed, distributed, and/or imported into the United States, with limited exceptions.


New Perishable Cargo Indicator on Customs Cargo Release

There is now an optional Perishable Goods Indicator (PER) which can be transmitted to U.S. Customs (CBP) as part of the import Cargo Release submission.

The purpose of this indicator is to provide the trade/filer the opportunity to electronically mark the Cargo Release submission as covering perishable merchandise. The presence of the PER indicator enables the CBP system to bring the shipment to the attention of CBP in the Port of Entry as being “PERISHABLE”.

The Perishable Goods Indicator is always optional. Please note that the submission of this indicator has no effect on the system processing of the Cargo Release transaction and its presence does not append or supersede existing CBP policy with respect to the handling of perishable shipments.

Border Adjustment Tax Proposal Dropped

Administration officials and congressional leaders announced on July 27 that a border adjustment tax (BAT) has been dropped from a proposed overhaul of the U.S. tax code.

The BAT met with opposition from a number of businesses and trade associations, who warned that it would “significantly hurt” U.S. consumers and employers by increasing the cost of everyday products such as food, gas, and clothing by up to 20 percent. There was also concern that the BAT could run afoul of World Trade Organization rules, particularly those that prohibit discrimination against imports in favor of domestic goods, which could have led to foreign countries levying an unprecedented amount of retaliatory duties on U.S. exports.

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