Livingston International http://www.hunz4.com Simplify Trade Sat, 17 Aug 2019 00:16:53 +0000 en-US hourly 1 CBP initiating voluntary pilot to gather data on Section 321 shipments http://www.hunz4.com/cbp-initiating-voluntary-pilot-gather-data-section-321-shipments/ Fri, 16 Aug 2019 18:25:31 +0000 http://www.hunz4.com/?p=48052 U.S. Customs & Border protection is initiating a voluntary pilot project effective Sept. 28, 2019 that will allow shippers to submit to CBP advanced electronic data related to cargo that falls within the de minimis threshold of $800 under Section 321 of the Tariff Act of 1930. The pilot is intended to support CBP’s efforts... Read more »

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U.S. Customs & Border protection is initiating a voluntary pilot project effective Sept. 28, 2019 that will allow shippers to submit to CBP advanced electronic data related to cargo that falls within the de minimis threshold of $800 under Section 321 of the Tariff Act of 1930.

The pilot is intended to support CBP’s efforts to gather data related to low-value shipments, which have increased to 1.8 million daily across U.S. ports since the increase in the de minimis threshold, and have constrained the agency’s ability to effectively assess security risk. In exchange for voluntarily providing advanced electronic data, CBP may be able to expedite clearance for shipments deemed to be low risk based on data tests.

To participate, shippers will need to file new entry type 86, which is normally filed as Section 321 under e-manifest.

Livingston will be participating in this voluntary pilot project and will work with shippers interested in participating to facilitate these transactions. Those interested can find more information in this Federal Register Notice. However, it is important to note this entry type cannot be filed prior to the initiation of the pilot on Sept. 28, 2019.

Those shippers that would prefer not to participate would simply continue to follow the standard Section 321 process – be it as a carrier manifest or as a formal or informal entry.

Livingston will provide more information about the pilot and any additional process requirements as it becomes available.

If you have any questions regarding this voluntary pilot program, Livingston can help! Please contact either your Livingston account manager or our regulatory affairs group at?usregaffairs@livingstonintl.com.

 

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CBSA Advance Rulings for Tariff Classification http://www.hunz4.com/cbsa-advance-rulings-tariff-classification/ Thu, 15 Aug 2019 20:02:32 +0000 http://www.hunz4.com/?p=48047 Canada Border Services Agency (CBSA) recently updated their webpage to advise that you can now apply for an Advance Ruling and a National Customs Ruling (NCR) by email to the appropriate regional CBSA office. Tariff classification can be very complex for certain goods. The advance ruling ensures that the tariff classification number used is deemed... Read more »

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Canada Border Services Agency (CBSA) recently updated their webpage to advise that you can now apply for an Advance Ruling and a National Customs Ruling (NCR) by email to the appropriate regional CBSA office.

Tariff classification can be very complex for certain goods. The advance ruling ensures that the tariff classification number used is deemed correct by the CBSA. The ruling is binding until it is revoked or amended.

The advance ruling provides certainty to the importer, or his or her representative, as to how goods are to be classified and thereby facilitates the documentation requirements for clearing goods at the border.

CBSA Memorandum D11-11-3 was recently updated to include:

  • updates on the policy regarding the postponement of the effective date of an advance ruling and situations where an advance ruling will not be issued and the request rejected;
  • new policies on the retention, disposal and the returning period of the advance ruling request (and/or supporting literature and/or sample) to the applicant;
  • clarification on the 120-day service standard when the CBSA requests samples for laboratory analysis;
  • clarification on an advance ruling request for a conditional relief tariff item; and,
  • new procedures for the exchange of information by email between the applicant or their agent and the CBSA.

Instructions on the application of an advance ruling request and required information can be found in D11-11-3. National Customs Ruling memorandum D11-11-1 recently revised to update the section as to whom may apply for a valuation, origin or marking NCR and who can sign consent statement.

The advance ruling request must be sent by mail or by email to the appropriate regional CBSA Trade Operations Divisions office.

 

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CFIA Proposal on the Modernization to the Feeds Regulations http://www.hunz4.com/cfia-proposal-modernization-feeds-regulations/ Thu, 15 Aug 2019 19:47:58 +0000 http://www.hunz4.com/?p=48042 The Canadian Food Inspection Agency (CFIA) is proposing to modernize the Feeds Regulations, 1983 to: safeguard feeds and the food production continuum, reduce overlap and redundancy in regulatory requirements, increase regulatory responsiveness to industry changes, address regulatory gaps, weaknesses and inconsistencies and align Canadian feed requirements with those of our trading partners. Here below is... Read more »

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The Canadian Food Inspection Agency (CFIA) is proposing to modernize the Feeds Regulations, 1983 to: safeguard feeds and the food production continuum, reduce overlap and redundancy in regulatory requirements, increase regulatory responsiveness to industry changes, address regulatory gaps, weaknesses and inconsistencies and align Canadian feed requirements with those of our trading partners.

Here below is an overview of the proposed changes to the Feeds Regulations and expected outcomes of proposed regulatory changes.

  • The proposed regulations would move towards an approach that is less prescriptive and more focused on the overall health and safety outcomes.
  • Licensing requirements would be created for individuals engaged in activities associated with feeds that are to be sent or conveyed inter-provincially, have been imported for sale or are intended for export. Licensing would not be required for individuals that are importing a feed that is not intended to be sold.
  • Under this proposed approach, feed operators would be required to conduct hazard identification, and put in place preventive controls and preventive control plans to address risks (e.g., human and animal health) posed by identified hazards.
  • It would introduce a strong, more transparent feed ingredient assessment and authorization process to support a safe and competitive feed supply chain.
  • Feed registration requirements and exemptions would be updated, including the reduction in the number of feeds requiring mandatory registration.
  • Labelling requirements would be updated to reduce prescriptiveness and rigidity, provide better information to purchasers. Health and safety labelling requirements would appear in both official languages.
  • Traceability requirements would require more detailed record keeping requirements to better support risk management along the feed supply chain, especially where timely responses to incidents of risks to public or animal health are involved.

The proposed changes and expected outcomes are also available in the Agency’s Forward Regulatory Plan (FRP). The anticipated timeline for pre-publication in Canada Gazette, Part I has been revised, from spring 2019 to winter 2020.

Future opportunities to comment

This Notice of Intent serves to inform and/or update Canadians, members of the public and stakeholders.

Based on feedback received from previous consultations, the CFIA is currently finalizing the regulatory proposal and is proposing to bring it forward for comment through pre-publication in the Canada Gazette, Part I in winter 2020.

A public comment period of 75 days will be available for Canadians and other interested parties to provide feedback on the regulatory proposal, once it is pre-published in the Canada Gazette, Part I.

Contact us

If you wish to provide any comments or have questions related to this Notice, please submit them to:

Laura Scott
National Manager – Feed Program Coordination and Outreach Section

Canadian Food Inspection Agency
59 Camelot Drive
Ottawa ON K1A 0Y9
Canada

Telephone: 613-773-7527
E-mail: laura.scott@canada.ca

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Section 301 List 4 China – Updates by USTR http://www.hunz4.com/section-301-list-4-china-updates-ustr/ Wed, 14 Aug 2019 18:22:49 +0000 http://www.hunz4.com/?p=48040 The U.S. Trade Representative (USTR) announced updates regarding Section 301 duties of 10 percent for List 4 Chinese origin products, originally proclaimed as a presidential tweet. This USTR announcement on Tranche 4 tariffs on U.S. Imports from China involved three elements; removal of some articles from the original Tranche 4 proposal and a 10 percent... Read more »

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The U.S. Trade Representative (USTR) announced updates regarding Section 301 duties of 10 percent for List 4 Chinese origin products, originally proclaimed as a presidential tweet.

This USTR announcement on Tranche 4 tariffs on U.S. Imports from China involved three elements; removal of some articles from the original Tranche 4 proposal and a 10 percent tariff starting September 1 or December 15, 2019.

Updates include:

  • The removal from Section 301 List 4 for certain products, based on health, safety, national security, and other factors.
  • Identification of products found on List 4A, where Section 301 duties will go into effect on September 1, 2019.
  • A delay until December 15, 2019, for certain articles appearing in List 4B, as a result of public comment and hearings. This includes such products as cell phones; laptops; computer monitors; video game consoles; and certain toys, footwear, and clothing.
  • An exclusion process will be initiated, with further details on the exclusion process to be published in the Federal Register.

Please see our previous Trade News article: ?List 4 of Section 301 to go Into Effect September 1, 2019

Section 301 additional duties apply to certain Chinese origin product, and were initiated due to China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, which threaten the long-term competitiveness of the U.S.

If you have any questions regarding List 4 products of Section 301, Livingston can help!? Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com

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Understanding Saudi Arabia’s New Import Certification Scheme http://www.hunz4.com/understanding-saudi-arabias-new-import-certification-scheme/ Mon, 12 Aug 2019 15:39:38 +0000 http://www.hunz4.com/?p=48023 This article was originally published in Global Trade Magazine on August 9, 2019 By JC Pachakkil, Senior Consultant, Global Trade Management Global businesses exporting to the Kingdom of Saudi Arabia will soon have some relief from the burdensome export documentation required by the country’s customs agency, and will soon be able to lean more on... Read more »

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This article was originally published in Global Trade Magazine on August 9, 2019

By JC Pachakkil, Senior Consultant, Global Trade Management

Global businesses exporting to the Kingdom of Saudi Arabia will soon have some relief from the burdensome export documentation required by the country’s customs agency, and will soon be able to lean more on their import partners to acquire and complete mandatory certificates.

Saudi Arabia is in the process of implementing changes to the decades-old process for certifying consumer goods imported into the country.

The Saudi Standards, Metrology and Quality Organization (SASO) oversees the system for the development of standards applicable within Saudi Arabia. All imported consumer goods must be accompanied by a Certificate of Conformity establishing compliance with SASO standards and specifications, or the consignment is subjected to laboratory testing to verify conformity with SASO standards before clearing customs at import.

This means that businesses intending to export goods to Saudi Arabia must obtain a Certificate of Conformity for each shipment bound for Saudi Arabia. The certificates are usually issued by bodies accredited by SASO or an accredited laboratory. Accreditation bodies certified by members of the International Accreditation Forum (IAF) are also eligible to issue conformity certificates.

Most exporters to Saudi Arabia as well as traders in Saudi Arabia have long lived with the pain of the time-consuming process of obtaining a certificate of conformity for each shipment bound for Saudi Arabia. Once goods were ready for export, and invoices raised, exporters had to engage the services of an approved body to obtain a certificate of conformity before the shipment could leave for Saudi Arabia. This requirement, when combined with the requirements of attestation and legalisation of invoices and certificates of origin, led to a situation where considerable levels of inventory were being held immobile within the supply chain even after goods were ready for shipping with resulting undesirable increases to business in working capital requirements. Businesses have not shied away from referring to these process bottle necks as non-tariff barriers to trade.

The system is now bound for changes, albeit of an incremental nature.

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Regulatory Amendments for New Class of Flavoured Purified Alcohol http://www.hunz4.com/regulatory-amendments-new-class-flavoured-purified-alcohol/ Mon, 12 Aug 2019 13:45:05 +0000 http://www.hunz4.com/?p=48017 Health Canada has recently amended Division 2 (Alcoholic Beverages) of the Food and Drug Regulations (FDR) regarding flavoured purified alcohol to define this new class of alcoholic beverage and to set restrictions on its alcohol content. The Regulations Amending the Food and Drug Regulations (Flavoured Purified Alcohol) SOR/2019-147 was recently published in the Canada Gazette... Read more »

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Health Canada has recently amended Division 2 (Alcoholic Beverages) of the Food and Drug Regulations (FDR) regarding flavoured purified alcohol to define this new class of alcoholic beverage and to set restrictions on its alcohol content. The Regulations Amending the Food and Drug Regulations (Flavoured Purified Alcohol) SOR/2019-147 was recently published in the Canada Gazette Part 11, Volume 153, No.11.

At the federal level, Health Canada regulates alcohol under the regulations for food, through the Food and Drugs Act (FDA) and the Food and Drug Regulations (FDR). The Canadian Food Inspection Agency (CFIA) is responsible for the enforcement of the FDR as it relates to food.

Alcoholic beverages are also subject to the federal Excise Act and Excise Act, 2001. The Department of Finance is responsible for the development and evaluation of the Excise Act. The Canadian Revenue Agency (CRA), with the support of the Canadian Border Services Agency (CBSA), is responsible for its enforcement.

Health Canada has developed guidance in consultation with the CFIA and provincial and territory liquor boards to guide assessments and the implementation of these regulatory amendments.

Division 2 (Alcoholic Beverages) of the Food and Drug Regulations (FDR) has been amended to:

  • 1. Define a new class of flavoured purified alcoholic beverages that meet both of the following conditions:
    • are obtained from an alcohol base that has been purified during the course of manufacturing through a process other than distillation and from which most of the naturally occurring substances other than alcohol and water have been removed; and
    • to which have been added, during the course of manufacturing, any substance, or any combination of substances, that imparts flavour.
  • 2. Restrict the alcohol content in beverages in this new class. Beverages that meet the definition of the new class are limited to 25.6?mL of alcohol (representing 1.5?standard drinks) when they are packaged in containers of a volume of 1?000?mL or less. This includes both non-resealable and resealable containers. Manufacturers have flexibility in determining how to comply with the alcohol content restriction: reformulate their beverage to modify the alcohol content (%?alc/vol); resize the beverage containers; or combine both measures.
  • 3. Create an exemption from the alcohol content limit for beverages in the new class that are packaged in glass containers of a volume of 750 mL or more. This includes both non-resealable and resealable glass containers.

The new requirements are effective since May 29, 2019 with no transition period. As there are possible health risks related to flavoured purified alcohol, instances of non-compliance will result in compliance and enforcement activities by the Canadian Food Inspection Agency (CFIA).

While it is the responsibility of the industry to comply with regulatory requirements, compliance will be monitored as part of ongoing domestic and import inspection programs, respecting the resources that the CFIA has for enforcement and compliance verification. Appropriate enforcement action will be risk-based.

Compliance with and enforcement of alcohol regulations is also addressed at the provinces and territory level. Provincial and territorial?liquor boards regularly assess alcoholic beverages to ensure that product listings adhere to federal and provincial/territorial regulatory requirements.

For more information, please consult Labelling Requirements for Alcoholic Beverages in CFIA’s Industry Labelling Tool and Health Canada’s document entitled Guidance on the Regulations respecting Flavoured Purified Alcohol.

Contact
Health Products and Food Branch – Health Canada
Holland Cross, Tower?A, Suite 14, Ground?Floor
11 Holland Avenue
Ottawa, Ontario
K1A?0K9
Address locator: 3000A
Email: hc.lrm.consultations-mlr.sc@canada.ca

 

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Applying for Import Licenses for the 2020 Dairy TRQ http://www.hunz4.com/applying-import-licenses-2020-dairy-trq/ Thu, 08 Aug 2019 17:54:00 +0000 http://www.hunz4.com/?p=47991 The U.S. Department of Agriculture’s Foreign Agricultural Service (FAS) posted instructions on applying for annual import licenses for the 2020 dairy tariff rate quota (TRQ), which opens on January 1, 2020.? Individuals must apply between September 3, 2019 and October 15, 2019. This TRQ covers all dairy products from cow’s milk, except for soft-ripened cheeses... Read more »

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The U.S. Department of Agriculture’s Foreign Agricultural Service (FAS) posted instructions on applying for annual import licenses for the 2020 dairy tariff rate quota (TRQ), which opens on January 1, 2020.? Individuals must apply between September 3, 2019 and October 15, 2019.

This TRQ covers all dairy products from cow’s milk, except for soft-ripened cheeses such as Brie, and includes blue cheese made from sheep’s or goat’s milk. To enter at the low TRQ rate an importer must obtain a license from FAS.

Dates and Deadlines:

October 15, 2019: Deadline for receipt of License applications.

December 20, 2019 (approximately):? FAS issues first notices of calendar year 2020 licenses to licensees.

January 1, 2020:? First day of validity for calendar year 2020 licenses.

March 2, 2020 (approximately):? FAS issues final notice of calendar year 2020 licenses to licensees.

March 16, 2020: The license fee for each license issued is due. For any licenses issued after March 15, they are due no later than 10 days from the date of issuance.

The license fee for 2020 is $300, the same as for 2019. The fee is based on FAS’ estimated expenses to administer the licensing system.

General information is available on the Dairy Import License Program.

If you have any questions regarding obtaining dairy import licenses for the 2020 tariff rate quota period, Livingston can help!? Please contact your Livingston account manager, or our U.S. Regulatory Affairs Group at usregaffairs@livingstonintl.com

 

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U.S. Sanctions on Iranian Iron, Steel, Aluminum and Copper Sectors http://www.hunz4.com/u-s-sanctions-iranian-iron-steel-aluminum-copper-sectors/ Thu, 08 Aug 2019 14:43:08 +0000 http://www.hunz4.com/?p=47989 The Office of Foreign Assets Controls (OFAC) announced they have amended the Iranian Financial Sanction Regulations to rename as the Iranian Sector and Human Rights Abuses Sanctions Regulations in order to implement Executive Order 13871 (E.O. 13871) of May 8, 2019, which imposed sanctions with Respect to the Iron, Steel, Aluminum and Copper Sectors of... Read more »

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The Office of Foreign Assets Controls (OFAC) announced they have amended the Iranian Financial Sanction Regulations to rename as the Iranian Sector and Human Rights Abuses Sanctions Regulations in order to implement Executive Order 13871 (E.O. 13871) of May 8, 2019, which imposed sanctions with Respect to the Iron, Steel, Aluminum and Copper Sectors of Iran.

In E.O. 13871, the President affirmed the U.S.’s policy to deny Iran paths to nuclear weapons and intercontinental ballistic missiles, and to counter Iran’s influence in the Middle East. ?The goal is to reduce Iranian government revenue derived from the export of products from their iron, steel, aluminum, and copper sectors, that may be used for funding weapons of mass destruction and military expansion.

Sanctions include the prohibition of:

  • The bringing to the U.S. of property and interests in property, from blocked parties who operates in the iron, steel, aluminum, or copper sector of Iran. Property and interests may not be transferred, paid, exported, withdrawn, or otherwise be dealt with.
  • The purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran.
  • Providing any financial, material, or technological support to blocked parties.
  • The donations of certain articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, by, to, or for the benefit of any blocked party, unless authorized by OFAC.

Exemptions do exist for transactions which are the official business of the Federal Government or the United Nations.

OFAC provides definitions of ‘aluminum’, ‘aluminum products’, ‘aluminum sector of Iran’, ‘copper’, ‘copper products’, ‘copper sector of Iran’, ‘iron’, ‘iron products’, steel’, ‘steel products’, ‘iron sector of Iran’, and ‘steel sector of Iran’, in their Frequently Asked Questions on E.O. 13871.

A 90-day wind down period for these sanctions began on May 8, 2019, and expired on August 6, 2019.

If you have any questions regarding the status of the Iranian Sanctions on the Iron, Steel, Aluminum and Copper Sectors, Livingston can help!? Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com

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CBP to Increase User Fees for Fiscal Year 2020 – Effective October 1, 2019 http://www.hunz4.com/cbp-increase-user-fees-fiscal-year-2020-effective-october-1-2019/ Wed, 07 Aug 2019 15:34:00 +0000 http://www.hunz4.com/?p=47966 U.S. Customs & Border Protection (CBP), posted notice of the below-noted increase(s) in user fees, which are effective October 1, 2019.? CBP will increase Consolidated Omnibus Budget Reconciliation Act (COBRA) ‘User Fees’ by 7.167 per-cent to adjust for inflation in fiscal year 2020. Affected user fees include the Mer-chandise Processing Fee (MPF, with changes only... Read more »

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U.S. Customs & Border Protection (CBP), posted notice of the below-noted increase(s) in user fees, which are effective October 1, 2019.? CBP will increase Consolidated Omnibus Budget Reconciliation Act (COBRA) ‘User Fees’ by 7.167 per-cent to adjust for inflation in fiscal year 2020.

Affected user fees include the Mer-chandise Processing Fee (MPF, with changes only in the Minimum & Maximum rates), as well as truck, rail and vessel arrival fees. Fee increases are mandated by the Fixing America’s Surface Transportation Act, passed in 2015, requiring CBP to make necessary inflation adjustments and fee limitations.

Changes to prominent fees paid by Livingston to CBP via the 7501/Entry Summary are:

  • MPF Minimum: $26.79 (previously $26.22)

(Note: There is no change to the MPF rate of 0.3464%)

  • MPF Maximum: $519.76?(previously $508.70)
  • Dutiable Mail Fee: $5.89?(previously $5.77)

Other user fees affected, along with their January 1, 2019 amount(s):

  • Commercial Truck Arrival: $5.85 / $107.17 annual cap (Previously $5.75 / $104.89)
  • Rail Car Arrival: $8.84 / $107.17 annual cap (Previously $8.65 / $104.89)
  • Commercial Vessel Arrival: $468.32 / $6381.77 annual cap (Previously $458.35 / $6245.97)
  • Barge and Other Bulk Carrier Arrival: $117.88 / $1,607.50 annual cap (Previously $115.37 / $1573.29)
  • Private Vessel or Aircraft First Arrival/Calendar Year Prepayment: $29.47 (Previously $28.84)
  • Commercial Vessel or Aircraft Passenger Arrival: $5.89 (Previously $5.77), or $2.07 from a U.S. Territory
  • Customs Broker Permit: $147.89 (Previously $144.74)
  • Express Consignment Carrier/Centralized Hub Facility, per Individual Waybill/Bill of Lading: $0.38 minimum, $1.07 maximum (Previously $0.37 / $1.05)
  • Surcharge for Manual Entry or Release: $3.21 (Previously $3.15)
  • Informal Entry or Release Not Prepared by CBP Personnel: $2.14 automated, $6.43 manual (Previously $2.10 / $6.29)
  • Informal Entry or Release Prepared by CBP Personnel: $9.64 (Previously $9.44)

COBRA user fees are adjusted when the Consumer Price Index (CPI) is greater than one (1) percent. CPI was found to be 2.02 percent, resulting in an increase.

If you have any questions regarding the Fiscal Year 2020 Increased CBP User Fees, Livingston can help!? Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com

 

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U.S. Commerce’s Trade Reports for June 2019 Available http://www.hunz4.com/u-s-commerces-trade-reports-june-2019-available/ Wed, 07 Aug 2019 15:06:15 +0000 http://www.hunz4.com/?p=47962 The U.S. Department of Commerce’s Census Bureau posted their monthly June 2019 Trade in Goods and Services reports. Data on exports, imports and trade balances is available based by trade partner country, product category sectors (i.e. automotive, food and beverage, consumer goods), and by U.S. state. Canada, Mexico and China show as the U.S.’ largest... Read more »

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The U.S. Department of Commerce’s Census Bureau posted their monthly June 2019 Trade in Goods and Services reports.

Data on exports, imports and trade balances is available based by trade partner country, product category sectors (i.e. automotive, food and beverage, consumer goods), and by U.S. state.

Canada, Mexico and China show as the U.S.’ largest trading partners.

Imports, ranked in millions of dollars, show China as the leading country, followed by Mexico, then Canada. Exports ranking shows the leading countries as Canada, then Mexico, then China.

If you have any questions regarding finding Commerce’s Trade Reports, Livingston can help!? Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com

 

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