Imports of all fish products from Mexican fisheries that use gillnets close to a nearly extinct species of porpoise will be banned while a legal proceeding on the ban proceeds, Court of International Trade Judge Gary Katzmann said in a July 26 ruling. The ruling granted a preliminary injunction meant to prevent further threats to vaquita porpoises, of which fewer than 30 remain, "pending final adjudication of the merits," it said. While legal arguments remain undecided, "what cannot be disputed is that the vaquita’s plight is desperate, and that even one more bycatch death in the gillnets of fisheries in its range threatens the very existence of the species," CIT said.
President Donald Trump responded to a letter from Mexico's President-Elect Andres Manuel Lopez Obrador (see 1807230011) by emphasizing the importance of the deal while threatening to take alternate paths, in a July 20 note released on July 24. "Successful" NAFTA renegotiations would help the U.S. and Mexican economies, "but only if it can go quickly, because otherwise I must go a much different route," Trump said. "It would not be my preference, but would be far more profitable for the United States and its taxpayers." Trump said a strong relationship between the two countries "will lead to a much stronger and more prosperous Mexico, which frankly would make me very happy!"
The tariff shift rules for the U.S. free trade agreement with the Dominican Republic don't apply in questions of country of origin for government procurement purposes, CBP said in a ruling. Global Resources, the importer of insufflation tubing used to pump carbon dioxide gas during laproscopic surgery, requested a final determination from CBP on the country of origin. The tubing includes clear tubing, blue tubing, filter assembly and fittings, all from China.
CBP Commissioner Kevin McAleenan highlighted some planned additional benefits to participation in the Customs Trade Partnership Against Terrorism program, in prepared remarks for the July 18 Senate Finance International Trade Subcommittee hearing on U.S. ports and trade. The ongoing transitioning of the Importer Self-Assessment program into CTPAT Trade Compliance "includes the extensive development of new benefits," he said. CBP has a loose deadline of the end of 2018 for transitioning ISA participants into CTPAT (see 1709070010), and a phased rollout of new CTPAT standards is expected to begin in October (see 1806070058).
The Section 321 entry exemptions do not apply to bulk shipments sent to foreign-trade zones that are broken up for individual consumption entries below the $800 de minimis level prior to a consumer order, CBP said in May 8 ruling the agency released on July 17. Much of the decision hinges on the definition of "importation," as expected (see 1806050049). The ruling came in response to an internal advice request from Jim Swanson, CBP director-cargo and conveyance security and controls, it said. CBP recently said the new Section 301 tariffs won't apply to Section 321 entries (see 1807050033).
CBP is withdrawing a proposed ruling revocation on children's fishing rod and reel combinations after further review, CBP said in the July 11 Customs Bulletin (Vol. 52, No. 28). CBP proposed the revocation in September of 2016 (see 1609290012), saying that because children’s fishing rods and reels are not principally used for amusement purposes, they are not classifiable as a “toy” under heading 9503. Additional consideration of physical characteristics of fishing rods led to CBP's decision to withdraw its proposal, it said.
An "adaptive clothing" line meant “to offer branded fashionable clothing to the underserved community of the differently-abled consumer" doesn't meet the requirements for duty-free treatment under tariff subheading 9817.00.96, CBP said in a June 29 ruling. That subheading is reserved for "articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.” The ruling request came from PVH, which owns the Tommy Hilfiger brand.
The Port of Los Angeles/Long Beach and the Base Metals Center of Excellence and Expertise will hold a seminar on "Steel Identification, Classification and Trade Law" on Aug. 7 and 8, CBP said in a July 10 notice. The seminar, which will include presentations from technical, commercial and legal experts from the industry, is meant to "increase the knowledge level" for government officials and customs brokers "regarding steel importations," it said. This seminar "has been significantly modified, revised and restructured from previous seminars," to include "new material on fraud, circumvention and evasion, plus expanded information on current issues," it said.
The new tariffs proposed for a broad list of goods from China add to the existing concerns about the Trump administration's trade policy, said the chairmen of the House Ways and Means and Senate Finance committees. Ways and Means Chairman Kevin Brady, R-Texas, asked for an in-person meeting between the U.S. and Chinese presidents. "Despite the serious economic consequences of ever-increasing tariffs, today there are no serious trade discussions occurring between the U.S. and China, no plans for trade negotiations anytime soon, and seemingly little action toward a solution," Brady said in a July 10 statement.
The mixing of two active pharmaceutical ingredients in Canada creates a substantial transformation and determines the country of origin for government procurement purposes, CBP said in a July 2 final determination ruling. GlaxoSmithKline, represented by Nicolas Guzman at Drinker Biddle, asked CBP for a final determination on the country of origin of Malarone tablets. The tablets are used to treat and prevent malaria, the company said.