The Convention on International Trade in Endangered Species (CITES) announced that they are dropping the trade sanctions on Mexican CITES products. The CITES decision came after Mexico reached an agreement on steps Mexico will take to stop illegal gillnet fishing for totoaba. The nets used to catch totoaba can ensnare and drown the vaquitas.

On Friday, April 14, the U.S. Fish & Wildlife Service confirmed that it will lift the ban on Mexican imports and exports of products requiring CITES, effective immediately. The news was greeted with relief among Southern Border customs brokers, where the sweeping ban on trade in over 3,000 species created havoc since CITES announced the sanctions in March.

To read the full notice, click here.

Source: U.S. Fish & Wildlife Service

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• The Federal Bridge Corporation Limited (FBCL) will complete maintenance on the westbound span of the Blue Water Bridge (BWB) from July 5 to Oct. 23.
• This work will close the westbound span of the BWB from Canada to the U.S.
• During this closure both directions of traffic will be maintained on the eastbound span of the BWB, from the U.S. to Canada.

PORT HURON, Mich. ­– Beginning July 5 the Federal Bridge Corporation Limited (FBCL) will close the westbound span of the Blue Water Bridge (BWB) to complete maintenance. This project will be managed by the FBCL, and address required maintenance on the westbound BWB span connecting Point Edward, Ontario and Port Huron, MI.

To reduce impacts to traffic, both bounds of the BWB will be carried on the eastbound BWB span. One lane will be reserved for westbound traffic entering the U.S. and two lanes will be available for eastbound traffic heading into Canada. While the eastbound BWB span carries bi-directional traffic, the following impacts to traffic will be in place:

• Dedicated lanes for commuter pass holders and buses cannot be accommodated.
• Wide loads will be restricted to less than 11 feet.

The Blue Water Bridge is an essential economic link between Canada and the United States. This important project continues the commitment between the Federal Bridge Corporation Limited (FBCL) and the Michigan Department of Transportation (MDOT) to maintain and preserve the safety and reliability of the Blue Water Bridge.

Source: The Federal Bridge Corporation Limited

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The controversial jurisdictional issue involving Terminal 5 in Seattle had reportedly kept talks between the ILWU and Pacific Maritime Association (PMA) at a standstill for months. In early February, sources said talks between the sides resumed when they agreed to set aside the T-5 matter, although they appear no closer to reaching a new contract.

At issue at the T-5 terminal, operated by SSA Marine, is competing jurisdictional claims by the ILWU and the International Association of Machinists & Aerospace Workers (IAM) over approximately 25 port mechanics jobs. It has become an issue in coastwide longshore labor talks because the ILWU accused SSA Marine of conspiring with IAM to “trigger” an NLRB hearing into ILWU’s jurisdictional claim.

“The ILWU is confident that the NLRB decision, which cannot go into effect without court approval, will on appeal be overturned as legally wrong,” Cam Williams, ILWU coast committeeman, said in a statement. “The ILWU expects that the companies signatory to its collective bargaining agreement abide by the terms of the contract they negotiated.”

The process of moving the T-5 matter through the courts could easily take a year or two, sources told the Journal of Commerce, raising questions about how that will affect labor talks between the ILWU and PMA. On the other hand, because the ILWU’s demands for jurisdiction over machinists’ jobs at Terminal 5 involve a single terminal in Seattle, ILWU coastwide negotiators may choose to move forward with the talks while the legal appeals over T-5 continue, said a source who requested anonymity.

Strong words from NLRB 

Sources told the Journal of Commerce Friday they were surprised by the strong words that NLRB Chairman Lauren McFerran and two of the board’s members used in the ruling. The NLRB instructed the ILWU to “cease and desist from threatening, coercing or restraining” SSA Marine from assigning maintenance and repair work to members of the IAM. The order also instructed the ILWU to cease “pursuing lost work opportunity claims” at T-5.

In its coastwide contract negotiations with the PMA, which represents terminal operators and shipping lines, the ILWU has cited resolution of the T-5 jurisdictional dispute as a key issue in the negotiations. The ILWU said that in the 2008 coastwide contract, it agreed it would not stand in the way of individual terminal operators who chose to automate cargo-handling activities. The quid pro quo, according to the ILWU, was that employers would assign jobs involved in future jurisdictional disputes to the ILWU.

Thursday’s NLRB ruling said that the ILWU, by continuing to pursue its “lost work opportunity claims” under the 2008 ILWU-PMA coastwide contract, “has engaged in unfair labor practices in violation of … the National Labor Relations Act.”

The NLRB in Thursday’s ruling ordered the ILWU to notify the PMA-ILWU Joint Coast Labor Committee established by the 2008 coastwide contract that it will no longer pursue its lost work opportunity claims, and to post notices “in conspicuous places, including all places where notices to employees are customarily posted” indicating that it will no longer pursue those claims with the ILWU-PMA coast arbitrator.

Source: Journal of Commerce

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The Endangered Species Act prohibits trade in specimens contrary to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Article I of the Convention defines “trade” to mean export, re-export, import, and introduction from the sea. Article XIII designates the Secretariat to communicate to the Parties when species in Appendix I and II are being adversely affected in trade or that the provisions of the Convention are not being implemented effectively.

An import permit, export permit, or re-export certificate issued for the species by the country under suspension is considered invalid (see 50 CFR § 23.26 (c)(5)).
The CITES Secretariat issued CITES Notification No. 2023/037 on March 27, 2023, announcing the trade suspension for all commercial trade with Mexico, effective immediately.
See Notification to the Parties 2023 (cites.org).

The complete list of Parties subject to a recommendation to suspend trade is available on the CITES website under Documents/Trade suspensions (see http://www.cites.org/eng/resources/ref/suspend.php).

Action: The United States implements all CITES recommendations to suspend trade, including the import, export, and re-export of any CITES species subject to a trade suspension. Effective immediately, all shipments containing CITES specimens traded for commercial purposes under an import permit, export permit, or re-export certificate issued by Mexico for the species, are subject to enforcement action.

Source: U.S. Fish and Wildlife Service

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CBSA will be continuing to deliver monthly webinars to support Trade Chain Partners (TCPs) onboard and learn more about the CARM Client Portal.

A new series of webinars will be introduced in May: Stand-Alone Topic Webinars.

There will also be Bilingual Open Mic sessions offered in June where TCPs can attend and ask any questions on topics covered from all webinars.

All webinars will be recorded and posted on the CARM Google Drive. Please see below for the full schedule.

Registration is required for these webinars. Please register using the link that corresponds to your preferred date/time.

CARM Client Portal Onboarding Webinars

The Onboarding Webinar is an ideal first step in registering to the CARM Client Portal.

What You Need to Know with CARM Release 2 Webinar

The What You Need to Know with CARM Release 2 Webinar will provide an overview of the key changes that are coming with Release 2 of the CARM Client Portal.

Stand-Alone Topic Webinars

The Stand-Alone Topic Webinars will cover a single topic in detail to support TCPs prepare for CARM Release 2. The topics that will be covered in this series of webinars are Billing Cycles, Commercial Accounting Declarations and the Release Prior to Payment Program.

Open Mic Sessions

Open Mic Sessions are an open forum where TCPs can attend to ask questions in English or French on topics covered in any of the webinars.

A reminder that you can continue to access important CARM support materials on the CARM Client Portal Onboarding Documentation section.

Please send any questions and comments to CBSA.CARM_Engagement-Engagement_de_la_GCRA.ASFC@cbsa-asfc.gc.ca.

Source: CBSA

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Effective immediately, trade is suspended for any wildlife or plant products with CITES documents issued by Mexico. The trade ban applies to imports, exports, or re-exports if the product has a CITES import or export certificate issued by Mexico. This includes such products as crocodile or snake skins, orchids, mahogany, pet reptiles, cacti, and other plants.

Mexico faces the sanctions from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for not doing enough to protect the vaquita – a small porpoise that is the world’s most endangered marine mammal. The vaquita are present in the Gulf of California, where they become entangled in illegal gillnets and drown.

Mexico is working with CITES officials in Geneva to develop an action plan that will satisfy the international organization. Previous actions by Mexico fell short, resulting in these sanctions.

Source: U.S. Fish and Wildlife

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FDA is no longer accepting foreign food facility registrations that don’t have unique facility identifi­ers and will now cancel registrations and block imports of food from facilities that have not yet provided a UFI, said CBP in a CSMS message March 22nd.

On March 10th, FDA ended its policy of enforcement discretion that had been in place since October 2020, and its requirement that food facilities provide it with a UFI is now in full effect, CBP said. FDA recognizes the Data Universal Numbering System D-U-N-S (DUNS) as an acceptable UFI, per CBP.

Source: U.S. Food and Drug Administration

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The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is announcing the schedule of the next phase of Lacey Act declaration implementation. Phase VII will include a wide variety of materials and plant products, such as furniture, cork, and some essential oils that have not yet required a declaration. APHIS launched an outreach campaign in October 2022 to provide information about the upcoming declaration implementation phase.

In Phase VII, Lacey Act declarations will be required for all remaining plant product Harmonized Tariff Schedule (HTS) codes that are not 100-percent composite materials. Importers of such items who do not currently file a Lacey Act declaration will likely need to file one once APHIS implements Phase VII. APHIS encourages importers to prepare in advance by becoming familiar with their supply chain and reviewing what information is necessary to file a declaration. APHIS’ Lacey Act web page provides this guidance:

• Know your supply chain for each piece of plant material in the product
• Learn how to file a declaration
• Read the frequently asked questions
• Stay connected

APHIS is currently reviewing HTS codes to determine the complete list of materials and products that will be included in Phase VII. In fall 2023, APHIS will publish a list of affected HTS codes in the Federal Register and will require declarations for those product codes 6 months later.

First enacted in 1900, the Lacey Act combats trafficking in illegally taken wildlife, fish, or plants. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. APHIS ensures compliance with the declaration requirement as part of its mission to protect the health and value of American agriculture and natural resources, and it began enforcing the declaration requirement on April 1, 2009. Since 2009, APHIS has been phasing in enforcement of the declaration requirement, as described in previous notices APHIS published in the Federal Register.

Learn more about the Lacey Act and how it relates to plants and plant products by visiting the APHIS website. For further questions, please contact APHIS Lacey Act program staff at lacey.act.declaration@usda.gov.

Source: Animal & Plant Health Inspection Service

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