Brian Feito

CBP is reopening its pilot of ACE filing for Fish and Wildlife Service-regulated entries, and is making some minor changes that it says will streamline submission of data and documents for participants, it said in a notice. The relaunched FWS filing pilot will become operational again as of April 6 after a hiatus of over 19 months, with revised filing requirements for two of the four filing options that were previously available in the test (see 1804200042).

The following lawsuits were filed at the Court of International Trade during the week of Feb. 24 - March 1:

Four more importers have now filed lawsuits challenging Section 232 tariffs on steel and aluminum “derivatives,” and one of them has already been successful in obtaining a court order blocking liquidation of their entries, if not collection of the tariffs. New Supplies and GJ Burkhart (dba Fry Fastening Systems) together filed a suit at the Court of International Trade Feb. 25. Represented by Brenda Jacobs, they told the court that the Justice Department had agreed to an order directing CBP to suspend liquidation until the case is eventually decided. CIT granted the motion and issued the order on Feb. 28.

The U.S. Court of Appeals for the Federal Circuit on Feb. 28 upheld the constitutionality of Section 232 tariffs on iron and steel products, affirming a 2019 Court of International Trade decision in a closely followed case brought by the American Institute for International Steel.

CBP “must process and pay substitution drawback claims” for excise taxes that were previously prohibited under regulations struck down by a Court of International Trade judgment Feb. 18, according to a copy of the order added to the CIT website on Feb. 25. The judgment invalidates portions of CBP’s regulations, as amended following passage of the Trade Facilitation and Trade Enforcement Act of 2015, that sought to prevent “double drawback” for claims involving excise taxes, including amended definitions of “drawback” and “drawback claim” under the 2017 drawback regulations (see 1812170013).

The Food and Drug Administration is extending the comment period on its proposal (see 1911060035) for a new accreditation scheme for food testing laboratories that would require importers to use accredited laboratories in some circumstances, including getting food they import off import alerts and proving admissibility of food that is initially refused admission. The comments are due April 6.

Solar panels made outside China using Chinese-origin solar wafers are not subject to antidumping and countervailing duties on crystalline silicon photovoltaic products from China (A-570-010/C-570-011), the Commerce Department said in a recent scope ruling.

Imports do not pose a higher public health risk as a result of the ongoing COVID-19 (coronavirus) outbreak, the Food and Drug Administration said in a Feb. 24 statement. “There is no evidence to support transmission of COVID-19 associated with imported goods and there have not been any cases of COVID-19 in the United States associated with imported goods,” FDA said, though it noted that “this remains a dynamic situation and we will continue to assess, and update guidance as needed.”

The following lawsuits were filed at the Court of International Trade during the week of Feb. 17-23:

The Court of International Trade on Feb. 21 issued an order blocking Section 232 “derivatives” tariffs on a second importer. The preliminary injunction stops CBP from collecting the tariffs on Oman Fasteners, and also sets bond requirements similar to those found in another preliminary injunction CIT recently issued for another importer, PrimeSource (see 2002140040). CIT Chief Judge Timothy Stanceu, who is also judge in the PrimeSource case, issued the order.