The following lawsuits were filed at the Court of International Trade during the week of Nov. 12-18:
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 “Torque Tubes” imported by NEXTracker are mechanical tubing exempt from antidumping and countervailing duties on circular welded carbon quality steel pipe from China (A-570-910/C-570-911), the Commerce Department said in a preliminary scope ruling. The tubing is used for mechanical purposes to turn solar panels, not as structural or standard pipe covered by the AD/CV duty orders, the agency preliminarily found. Comments on the scope ruling are due Nov. 21.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 5-11:
Lipstick packaged in China from U.S. origin lipstick mass is not subject to Section 301 tariffs because its country of origin remains the U.S., CBP said in a Nov. 2 ruling. The lipstick, which is shipped from the U.S. to China before being poured into Chinese-made lipstick tubes and caps, does not undergo a substantial transformation that causes its country of origin to be China for the purposes of the additional duties, CBP said in NY 301371.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 29 - Nov. 4:
A CBP proposal to revoke several rulings on sheep’s milk cheese hinges on a misinterpretation of the word “pecorino” as only referring to cheeses of Italian origin, the Cheese Importers Association of America said in comments to the agency dated Oct. 31. CBP’s proposed revocation of 11 ruling letters and modification of another five that currently classify sheep’s milk cheeses, including feta and manchego, in subheading 0406.90.57 for pecorino not suitable for grating would cause “a significant adverse impact for those who have invested in businesses importing the subject cheeses,” the CIAA said.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 22-28:
A recently filed lawsuit in D.C. federal court seeks to compel CBP testimony in a long-running case brought against an importer by a company founded to file customs fraud lawsuits. Customs Fraud Investigations says CBP is refusing to send an officer to testify in a False Claims Act whistleblower suit in Eastern Pennsylvania U.S. District Court on whether Victaulic failed to properly mark its pipe imports, and should have paid marking duties (see 1610060030).
PALM SPRINGS, Calif. -- Upcoming changes to Canadian border processes will be a “game changer” for the clearance process, Kim Campbell of Mkmarin Trade Services said on Oct. 20. The Canada Border Services Agency (CBSA) Assessment and Revenue Management (CARM) is set to be implemented by the end of 2020, allowing e-commerce customers to fill out their own customs declarations and eliminating the entry process for commercial importers, she said, speaking at the Western Cargo Conference. Other initiatives will allow truck cargo to cross the border without stopping, through the use of radio frequency ID tags and facial recognition software, she said.
PALM SPRINGS, Calif. -- CBP is increasing staffing levels at its Office of Regulatory Audit to keep up with “the revenue on the table” from the recent imposition of new tariffs and the Trump administration’s push for more enforcement, said Tom Jesukiewicz, field director of regulatory audit’s Los Angeles office, at the Western Cargo Conference on Oct. 20.