Customs Case Stayed Pending CBP Decision on Natural Gas Imports Under USMCA

A customs case in the Court of International Trade has been stayed for a three-month period pending a related CBP decision, according to a June 25 order granting the consent motion to stay. In settlement discussions in the case, questions have arisen over a novel question on the application of the USMCA to natural gas imports, and the delay will allow "plaintiff to seek an administrative ruling" from CBP on the issue. Resolution in the customs case, brought by Emera Energy Services, may come following the CBP proceeding, the company's motion to stay said. Emera's case concerns CBP's denial of the exemption from merchandise processing fees for Canadian-origin goods according to the terms of NAFTA, the 2018 initial complaint said (Emera Energy Services, Inc. v. United States, CIT #18-00074).