Diamond Tools Technology evaded antidumping duties on diamond sawblades from China, as alleged (see 1706280035), CBP said in a Sept. 17 final determination. After conferring with the Commerce Department through a scope referral, the agency found that substantial evidence supported the allegation. The law firm Wiley Rein lawyer Daniel Pickard filed the original allegation on behalf of the Diamond Sawblades Manufacturers Coalition in 2017.
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 issued five new withhold release orders on Oct. 1, preventing imports of multiple products due to the possible use of forced or child labor in the supply chains, the agency said in a news release. The WROs are dated Sept. 30 on CBP's list of orders. Importers of affected goods will "have the opportunity to either re-export the detained shipments at any time or to submit information to CBP demonstrating that the goods are not in violation," CBP said.
CBP added the ability in ACE for importers to file entries with recently excluded goods in the second tranche of Section 301 tariffs on Sept. 29, it said in a CSMS messages. For the second tranche exclusions, filers of imported products that were granted an exclusion (see 1909180004) should report the regular Chapters 39, 73, 76, 84, 85, 86, 87 and 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.17. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when" subheading 9903.88.17 is submitted, CBP said.
The Office of the U.S. Trade Representative is publishing two new sets of product exclusions from the 25 percent Section 301 tariffs on goods from China (see 1909300009). The product exclusions apply retroactively to when each tranche initially took effect. That was July 6, 2018, for the first tranche, and Aug. 23, 2018, for the second tranche.
CBP will add the ability in ACE for importers to file entries with the second group of excluded goods from the third tranche of Section 301 tariffs on Sept 29, it said in a CSMS message. Filers of imported products that were granted an exclusion (see 1909180004) should report the regular Chapters 38, 39, 40, 42, 44, 46, 48, 54, 55, 59, 73, 76, 83, 84, 85, 87 and 94 Harmonized Tariff Schedule number, as well as subheading 9903.88.18, for products subject to Section 301 duties on products from China but that have been granted an exclusion by the Office of the U.S. Trade Representative. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.18 is submitted,” CBP said.
The CBP Base Metals Center of Excellence and Expertise is overseeing a huge increase in the number of Post Summary Correction requests for retroactive application of Section 232 exclusions, agency officials recently told the American Institute for International Steel. "The Base Metals Center PSC workload has increased approximately 1500% from pre Section 232," AIIS said. As a result of that volume, "[w]hen exclusions are claimed retroactively by PSC, some time may be required to process," the trade group said.
Tomatoes imported from Mexico and sold on consignment can be valued using pricing data from the Department of Agriculture’s Agricultural Marketing Service, said CBP in a Sept. 12 ruling. Stein Shostak lawyer Richard Shostak requested the ruling on behalf of the Nogales Customs Brokers Association, the Fresh Produce Association of the Americas and the Texas International Produce Association, CBP said. Currently "almost all of the fresh produce presently being entered at Nogales is imported on consignment," CBP said. "In other words, the produce is not sold until after it is imported into the United States, and thus there is no sale for exportation."
The Office of the U.S. Trade Representative is publishing three new sets of product exclusions from the 25 percent Section 301 tariffs on goods from China (see 1909180004). The product exclusions apply retroactively to when each tranche initially took effect. That was July 6, 2018, for the first tranche, Aug. 23, 2018, for the second tranche and Sept. 24, 2018, for the third tranche. The notice for the third tranche also includes "technical amendments" to lists three and four of the Section 301 tariffs that appear to end double counting of Section 301 tariffs on goods tariffed at a rate that comes from another subheading.
Importers of steel products from South Korea that are subject to absolute quotas will be required to provide "certificates of exportation," CBP said in a notice. The quota on Korean steel is part of a deal that allows the country to avoid the Section 232 tariffs on steel in the U.S. (see 1805010027). CBP will require such certificates starting Oct. 18.
CBP is investigating whether IPC International evaded antidumping duties on garlic from China, according to an Enforce and Protect Act notice posted on Sept. 11. IPC is alleged to have evaded AD duty order A-570-831 on fresh garlic from China, CBP said in the notice, which is dated July 12. The allegation came from Kelley Drye lawyer Michael Coursey on behalf of the Fresh Garlic Producers Association (FGPA).