So much in agriculture is changing by the day—from regulations to developing technologies to new crop input practices. The Agricultural Retailers Association (ARA) monitors any updates as they come out of Congress and the Biden administration, and it takes action to mitigate any negative impact on the ag retail industry.
Keeping Tabs on Regulations
In December 2021, the U.S. International Trade Commission (USITC) released its modifications to the Harmonized Tariff Schedule (HTS). This is a normal modification process that USITC undertakes every few years.
Because of the wording of the presidential proclamation, the updated HTS 2931.49.00 for both glufosinate and glyphosate unintentionally included them in the 25% duty on imports from China. The U.S. government is aware the previous HTS numbers for those two products were suspended from China 301 tariffs.
Upon noticing this issue, the ARA policy team reached out to its contacts for clarification. ARA was told this new rate was made in error, and the tariff rate was intended to remain at 3.7%.
On Feb. 16, the office of the U.S. Trade Representative posted a notice to correct this technical error.
This notice states the correction will be retroactive to the effective date of the error, which was Jan. 27, and that importers will not be assessed any additional duties on these products. If additional duties were deposited on some entries after Jan. 27, then importers will be entitled to a refund.
Farm Supply Exceptions for ELDT Requirements
Another example of ARA’s proactive approach is its work to successfully advocate the U.S. Federal Motor Carrier Safety Administration (FMCSA) to include farm supply exceptions, such as those for seasonal ag commercial driver’s license (CDL) holders, while developing the new entry-level driver training (ELDT) regulations that began on Feb. 7.
The new regulations require all entry-level drivers of commercial motor vehicles to receive training from a provider listed on FMCSA’s training provider registry. To be eligible to take required skills or knowledge tests, CDL applicants must have completed applicable entry-level driver training from a registered training provider.
The ELDT regulations do not apply to any individual who meets one of the exceptions for taking a skills test in 49 CFR Part 383 or for whom the state has waived the CDL skills test.
Beyond the Advocacy
ARA’s work supporting the ag retailer did not stop once the farm supply exceptions were finalized. The team set up a webinar to help its membership to gain a better understanding of the new regulations that impact their businesses. Since offering the live webinar with a J.J. Keller driver solutions adviser, ARA has made the webinar recording available anytime to its membership. The organization also continues to send alerts when new information and useful guidance related to the new regulations and exceptions is published.
Enabling Better Business Operations
At ARA, we know that keeping track of all updates to regulations is complex and time-consuming. This is why we have a team of experts who keep on top of all the issues that could impact ARA members. This ensures that members are provided with timely information, so that they do not have to worry.
While you are focusing on optimizing your business operations and taking care of your team and farmer-customers, ARA is working in Washington to keep the cost of doing business down by advocating commonsense regulatory reform and ag-friendly legislation.
Looking Ahead in Ag Retail
ARA senior vice president of public policy and counsel Richard Gupton shared his perspective with The Scoop podcast recently to highlight the policy and regulatory actions ag retailers can expect this year, especially from the U.S. EPA and the Department of Labor.
The election coming up in November will likely leave Congress in gridlock. Gupton warns of ramped up regulatory efforts from the Biden administration that could cost the agriculture industry billions of dollars. The more ag retailers and suppliers work together as one voice in Washington, the stronger our influence will be on Capitol Hill.
Ag Retailer Advisers
The DC Help Desk is available to ARA members who have questions or need assistance regarding federal legislation and regulatory compliance issues impacting agriculture.
This ARA tool can also be used if your company would like support in setting up facility tours with your local elected officials. Reach out to ARA’s policy team of experts for advice that is specific to the ag retail industry.
