Tim Warren

CBP will expand its definition of "importer" under Importer Security Filing (ISF) regulations, the agency said in a notice. Despite some concerns raised by the National Customs Brokers & Forwarders Association of America and the World Shipping Council (see 1609120024), the final rule adopts the definition changes as proposed in 2016 (see 1607050028). The rule will take effect on May 14.

Imported car braking system components aren't required to be individually marked with the country of origin even though the vehicle owner is considered the "ultimate purchaser," CBP said in a March 5 ruling for Celerity Systems North America. CBP said in HQ H290366 that marking on the packaging is sufficient to meet the marking requirements. CBP regulations allow for an exemption on "articles for which the marking of the containers will reasonably indicate the origin of the articles."

CBP plans to begin issuing refunds on duties paid on Generalized System of Preferences qualifying goods while the program was lapsed "shortly after" April 22, the agency said on its website. President Donald Trump signed GSP renewal into law on March 23 (see 1803230028) and it will take effect on April 22, the U.S. Trade Representative said. Importers must file refund requests by Sept. 19, USTR said.

The Department of Homeland Security released a set of frequently asked questions about the prohibition of products made by North Koreans under the Countering America’s Adversaries Through Sanctions Act (CAATSA). That law "reiterates the need for comprehensive due diligence by and on behalf of U.S. companies involved in importing goods," DHS said. Importers "have the responsibility to exercise reasonable care and provide CBP with such information as is necessary to enable CBP to determine if the merchandise may be released from CBP custody," it said.

The countrywide exemptions to new tariffs on steel and aluminum may expire May 1, "pending discussions of satisfactory long-term alternative means to address the threatened impairment to U.S. national security," the White House said in a March 22 statement. A notice from CBP detailing the implementation of the tariffs also said the tariffs would apply to all countries of origin as of May 1. By that date "the President will decide whether to continue to exempt these countries from the tariffs, based on the status of the discussions," the White House said.

The Commerce Department will give blanket exclusions to the Section 232 tariffs on steel and aluminum in some cases, Commerce Secretary Wilbur Ross said at a March 22 House Ways and Means hearing. "We do have the discretion to make broader exclusions available to all importers of those particular products if we find the circumstances warranted." Commerce may also allow for retroactivity for tariff exclusions and has asked CBP to use an "an escrow account," similar to the process for antidumping and countervailing duties, Ross said.

A CBP investigation into allegations of evading antidumping duties for steel garment hangers turned up "substantial evidence" of evasion, the agency said in a March 15 final determination. The allegations named Brooklyn Knights Trading of Philadelphia; GL Paper Distribution of Miami; Garment Cover Supply of Orlando; Newtown Supply NY of Woodside, New York; Casa USA of Carson, California; Subcos Percha De Metal Factory of Rosemead, California; Nice Guy Trading of New York; and Masterpiece Supply of San Francisco. Those allegations, which were filed by M&B Metals under the Enforce and Protect Act provisions, were consolidated into one case (see 1708170024).

CBP is likely to quickly focus on misclassification and valuation as enforcement issues involving the coming tariffs on steel and aluminum as a result of the politics and revenue involved, said Michael Roll, a lawyer at Pisani & Roll. Roll discussed the new tariffs during a webinar hosted by the Los Angeles Customs Brokers & Freight Forwarders Association of America. "That doesn't mean that they are going to jump out the gate on March 24 hitting people with penalties necessarily," but there will be a focus on "enforcement, enforcement and more enforcement," Roll said.

CBP recently issued a new withhold release order due to suspicions of goods made by forced labor, said CBP's list of such orders. The March 5 order applies to "Toys" from China made by "Huizhou Mink Industrial CO. LTD." The WRO is the first order since September of 2016 (see 1609190019). The lack of WROs was the subject of concern among lawmakers during a hearing with Acting CBP Commissioner Kevin McAleenan last fall (see 1710240033).

CBP and other involved agencies should finalize an "interagency approach to managing ACE that includes processes for prioritizing enhancements and sharing system costs," the Government Accountability Office said in a March 14 report. CBP is also considering keeping multiple options for how to move forward with the collections function, which has yet to move from the Automated Commercial System to ACE, GAO said. "CBP officials stated that the agency will continue to link the newly deployed post-release capabilities to collections in ACS while deciding how to proceed."