CBP shot down an importer's effort to stop an antidumping duty assessment in a recent agency ruling related to imported steel nails said to be illegally transshipped. The Nov. 18 ruling (here) was in response to a protest from Continental Materials that said CBP was mistaken in assessing antidumping duties based on the foreign conviction of one of the seller's executives for illegal transshipment. The agency said in the ruling, HQ H200755, the evidence provided by Continental was not enough to prove the antidumping duties were incorrectly applied.
Tim Warren
Timothy Warren is Executive Managing Editor of Communications Daily. He previously led the International Trade Today editorial team from the time it was purchased by Warren Communications News in 2012 through the launch of Export Compliance Daily and Trade Law Daily. Tim is a 2005 graduate of the College of the Holy Cross in Worcester, Massachusetts and lives in Maryland with his wife and three kids.
High-end clothing for celebrities to wear at big events, such as the The Oscars, are not eligible for unused merchandise drawback and also can't be imported as samples, CBP said in a Dec. 16 ruling (here). The ruling, HQ H251771, responded to a ruling request from Christian Dior Couture, represented by Sharretts Paley. The fashion company said it imports haute couture garments for use by celebrities at high-profile events and asked for CBP input on how the agency considers such imports.
CBP will add some new supported forms within the third phase of its Document Image System (DIS) pilot in the Automated Commercial Environment, said CBP in a notice (here). DIS allows for electronic submission of documents during the import process required by multiple agencies. The agency began the third phase last year (see 14062419).
The purchaser of wooden bedroom furniture from China that was mistakenly listed by the customs broker as the importer of record (IOR) is still liable for the related antidumping duties, CBP said in a ruling (here). The Sept. 22 ruling, HQ H157616, found that the San Juan port of entry correctly held the listed importer of record liable for the entry. CBP said it agreed to consider the further review of protest because it "has not ruled on the issue of whether CBP improperly held the party shown as the importer of record on the entry documents liable for the entry."
CBP doesn't have accurate data on its handling of high risk maritime cargo shipments, said the Government Accountability Office in a newly released report for the House Homeland Security Committee (here). CBP’s data on the subject overstate the number of high-risk shipments, including those not examined or not waived, the GAO found. CBP is generally required to hold high-risk shipments for examination unless evidence shows that an examination can be waived as allowed under CBP policy, said the GAO in the report. CBP "is taking steps to improve its data on the disposition of high-risk shipments," including an update to the National Maritime Targeting Policy, said the GAO.
The following customs broker licenses and all associated permits are revoked without prejudice for failure to file a triennial status report, said CBP in a notice (here).
A surety is still liable for the additional duties owed to CBP despite the termination of the continuous bond associated with the entry, CBP found in a recently posted ruling (here). The ruling, HQ H236481, examined the claims from the surety, Ullico Casualty Co., that it is no longer responsible to pay for the duties. Ullico said it was not liable for the duties because CBP failed to collect the required cash deposit and the bond is since terminated.
CBP set in motion the first phase of a plan to increase the use of Centers of Excellence and Expertise by shifting some authorities from the port directors to the directors of three CEEs, the agency said Jan. 20 (here). It also laid out some of the specifics involved within the first phase of the accelerated roll out (here), which will initially involve three CEEs -- electronics in Los Angeles, pharmaceuticals in New York, and petroleum and minerals in Houston. This first phase is part of an agency plan to move post-release processing for entire industries to the corresponding CEEs (see 14030613).
In the Jan. 1 issue of the CBP Customs Bulletin (Vol. 49, No. 1), CBP published notices that propose to modify or revoke rulings and similar treatment for the tariff classification of textile sponges containing talc and plush animals with gel packs (here).
The White House may need to step up its role in development of the International Trade Data System, according an Advisory Committee on Supply Chain Competitiveness (ACSCC) draft letter (here). The draft, addressed to Commerce Department Secretary Penny Pritzker, includes a series of concerns and some suggested resolutions hoped to help with the completion of ITDS by the White House mandated deadline. The Department of Homeland Security was put in charge of finishing ITDS, also known as the Single Window, by 2016 as part of an executive order last year (see 14021928).