Tim Warren

The Commerce Department should make clear who involved in the import process might be subject to the proposed procedures for how to review transactions that involve information and communications technology and services (ICTS) and are seen as a potential threat, the Express Association of America said in comments. The Commerce proposal is meant as a way for the government to oversee transactions, including importations, seen as risky (see 1911260032). Comments on the proposal were due Jan. 10 and were posted in Commerce docket 2019-0005.

Goods that are exported before being completed for their intended use are not eligible for treatment under the 9802.00.50 subheading for merchandise returned after alteration or repair, CBP said in a proposed ruling revocation. CBP said in the Jan. 2 Customs Bulletin (Vol. 53, No. 48) that it proposed to revoke a 2006 ruling that allowed for 9802.00.50 treatment on automotive rim forgings. Subheading 9802.00.50 requires duties only on the value of the repairs or alterations.

The Office of the U.S. Trade Representative created a detailed guidance for how to go about creating exclusions through carve-outs from the Section 301 tariff headings. The guide lays out the considerations for USTR when “drafting” such carve-outs, which can be submitted to the International Trade Commission and CBP “for approval and comments.” ProPublica posted a copy of the document, which was likely attained through a Freedom of Information Act request. The document was mentioned in a broader ProPublica story on tariff exclusions.

The contracting parties to the Harmonized System Convention approved the 2022 edition of the Harmonized System, the World Customs Organization said in a news release. “The HS serves as the basis for Customs tariffs and for the compilation of international trade statistics in 211 economies (of which 158 are Contracting Parties to the HS Convention),” it said. The new HS2022, which comes into force Jan. 1, 2022, “makes some major changes to the Harmonized System with a total of 351 sets of amendments covering a wide range of goods moving across borders,” the WCO said.

International Trade Today is providing readers with some of the top stories for Dec. 30 - Jan. 3 in case they were missed.

Bills of lading provided to CBP by third-party shippers as part of transshipment penalty litigation are allowed as evidence despite claims that such documents do not meet the requirements of permissible hearsay, the Court of International Trade said in a Jan. 3 ruling. The case involves Harvic International, which allegedly transshipped apparel from China through Bangladesh, the Philippines or Korea. The Justice Department filed the suit “seeking a civil penalty of $405,042.90, plus interest and costs” after Harvic did not pay any of CBP's penalty demands.

The Office of the U.S Trade Representative issued some new product exclusions from Section 301 tariffs on the third list of products from China, according to a pre-publication copy of a notice posted to the agency’s website Dec. 31 (see 2001020013). The product exclusions apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020.

International Trade Today is providing readers with some of the top stories for Dec. 23-27 in case they were missed.

Stainless steel beer kegs used by Anheuser-Busch (AB) to transport beer are eligible for duty-free treatment as Instruments of International Traffic but would be subject to applicable trade remedies if the kegs enter U.S. commerce, CBP said in a June 13 ruling that the agency recently posted. Customs lawyer Michael Roll requested the ruling on behalf of AB as to the treatment of the kegs, which are of Chinese, U.S., Spanish, Mexican and German origin. AB will fill the subject kegs with beer outside the U.S. and will import them mostly through 22 U.S. ports, the company told CBP.

International Trade Today is providing readers with some of the top stories for Dec.16-20 in case they were missed.