CBP won't be delaying dates around implementation of the updated Minimum Security Criteria for the Customs-Trade Partnership Against Terrorism program, but it will allow for more discretion in the validations, said Thomas Overacker, CBP executive director, Cargo and Conveyance Security. Overacker addressed concerns about the requirements during the April 15 Commercial Customs Operations Advisory Committee (COAC) meeting.
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.
CBP has drafted some interim implementing instructions for the U.S.-Mexico-Canada Agreement that could be released as soon as April 17, a CBP official said during an April 16 conference call. The draft is being circulated within the government and is planned to eventually go up on CBP's website, she said. The instructions will detail how to file an entry, and the Special Program Indicator code will be S, she said. There's also some discussion about an S+ code for agricultural goods with special requirements, similar to the CAFTA-DR codes, she said. A CSMS message would announce the release of the instructions, she said.
Bolt cutter blades and joints forged in South Korea specifically for bolt cutters assembled in China are not recognizable enough for the finished good to be a product of South Korea, CBP said in an April 9 ruling. Harris Bricken lawyer Adams Lee asked for a prospective ruling from CBP on behalf of Weihai Maxpower Tools Co, on the country of origin and marking requirements for the bolt cutters. The bolt cutters would be subject to the Section 301 tariffs on goods from China, the agency said.
International Trade Today is providing readers with some of the top stories for April 6-10 in case they were missed.
CBP updated its guidance on the Section 232 tariffs and Chapter 98 revisions in an April 14 CSMS message. The agency issued guidance in 2018 (see 1807060027) that said “Section 232 duties are assessed in the same manner as regular customs duties,” and that “goods eligible for Chapter 98 provisions that provide duty-free treatment are free of Section 232 duties.” That language was removed and replaced with language to say that while for valid claims “Chapter 98 treatment will be applied,” additionally, “Section 232 duties, under Chapter 99, will be assessed independently from any Chapter 98 treatment and in accordance with the applicable chapter 99 note.” CBP didn't immediately comment when asked for more information about the change.
CBP updated its mitigation guidelines for violations of regulations under the Clean Diamond Trade Act. The updated guidelines were posted on the agency website on April 9. CBP said it is updating the “mitigation guidelines to state that penalties should be assessed at an amount up to the maximum penalty amount provided for” in the regulations “at the time of the violation.” The agency “is also clarifying that the penalty can be assessed at an amount less than the maximum amount if appropriate (e.g., the value of the rough diamond(s) involved in the violation is less than the maximum penalty amount or other circumstances warrant a lower amount). CBP is also increasing the maximum mitigation ranges to reflect the current maximum penalty amount of $13,669.”
The Office of the U.S. Trade Representative will grant one-year extensions to eight exclusions from the first list of Section 301 tariffs on China that were due to expire April 18, it said in a pre-publication copy of a notice posted to its website. The exclusions that weren't extended will expire April 18.
International Trade Today is providing readers with some of the top stories for March 30 - April 3 in case they were missed.
The recently announced exclusions from the Section 301 tariffs on the third list of products from China (see 2003230043) seem to be unintentionally limited by the statutory liquidation timelines, lawyer Chris Kane said in a March 31 LinkedIn post. While the notice allows for retroactive applicability to Sept. 18, 2018, when those tariffs took effect, it's not clear that importers have any way to be fully refunded for that period, he said. The Office of the U.S. Trade Representative published the official notice with numerous tranche three exclusions on March 26 (see 2003230043).
The Trump administration won't be going forward with a broad customs duty deferral, White House economic adviser Larry Kudlow said in an April 3 interview on Bloomberg TV (see 2004030033). After considering a limit on such deferrals to most favored nation (MFN) duties, Kudlow said, the administration determined that such an action was “too complicated” and “might send the wrong signals.”