The following lawsuits were filed at the Court of International Trade during the week of Sept. 14-20:
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 7-13:
The following lawsuits were filed at the Court of International Trade during the week of Aug 31 - Sept. 6:
CBP’s recent delay of some mandatory use dates for the Automated Commercial Environment elicited a sigh of relief from the trade community, but much work remains to ensure a smooth transition, said customs brokers and software developers in recent interviews. The new staged approach, with deadlines in February and July 2016, gives the trade the time it needs to successfully migrate to ACE. However, familiar problems with quota-related entry types and still-unreleased software requirements by CBP and other agencies will remain hurdles to be overcome as ACE implementation continues over the coming year.
California Gov. Jerry Brown (D) recently enacted a new law loosening the state’s tough requirements for labeling products sold in the state as “Made in the U.S.A,” said his office in a list of recently signed legislation (here). S.B. 633 (here) amends Section 17533.7 of the California Business and Professions Code to allow for “Made in the U.S.A.” labeling if less than 5 percent of an article’s value is from foreign components, or if less than 10 percent of the value is foreign and the components are not available in the U.S.
The following lawsuits were filed at the Court of International Trade during the week of Aug 24-30:
The U.S. Court of Appeals for the Federal Circuit should reconsider its decision that importers have no constitutional due process right to rely on CBP rulings, said the American Association of Exporters and Importers in an amicus brief submitted to the court on Aug. 27. Finding otherwise, as the court did in a long-running case on white sauce imported by International Custom Products, “renders the customs rulings program merely advisory,” contrary to law and the intent of Congress, said AAEI.
Imported sinks reported as compliant with the Americans with Disabilities Act are not eligible for duty free treatment for articles designed for the handicapped because, as imported, they have no features that differentiate them from sinks used by the general public, said CBP in a ruling issued June 29. As most ADA requirements have to do with installation, and not the qualities of the sinks themselves, CBP has no way of knowing whether the sinks are for anything other than general use, said the agency in ruling HQ H264882 (here).
No lawsuits are listed in the court's PACER database as having been filed at the Court of International Trade during the week of Aug 17-23:
Agreements conceding victory to importers in classification court cases do not necessarily bind CBP when liquidating future entries of the same merchandise, said the agency in a recent ruling. In ruling HQ H236655 (here), CBP told Bioriginal Food & Science Corp. that, despite a stipulated judgment that settled a classification case in Bioriginal’s favor in 2009, the agency is free to continue to classify subsequent entries of the importer’s evening primrose oil capsules in the heading that Bioriginal had originally challenged.