Tim Warren

Several trade groups offered support and small tweaks in comments on a proposed rulemaking from the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) meant to support the International Trade Data System (ITDS) (see 1606200029). Commenters on the proposed changes, which would revise electronic Certificates of Label Approval (COLA) filing and other regulations, didn't lodge any major concerns within the submissions (here). "With a few 'builds,' we believe that the components set forth in this proposal will streamline the import process and facilitate electronic filings," the Distilled Spirits Council (DSC) said in its comments (here).

Starting Aug. 22, CBP will be required to open an investigation into allegations of antidumping or countervailing duty evasion when there's "reasonable suspicion," CBP said in interim rule that implements new AD/CV duty evasion processes (here). The regulatory changes were required under the customs reauthorization law that was signed in February (see 1602230080) and spell out the new administrative proceeding at CBP for how it must respond to allegations of AD/CV duty evasions. While CBP could previously take enforcement action related to evasion, the new regulations create specific timelines for responses and add several new features that weren't part of CBP's review process (see 1605190030).

The Centers of Excellence and Expertise (CEEs) are becoming heavily involved within CBP's renewed focus on stopping and responding to antidumping and countervailing duty evasion, a CBP spokeswoman said. The CEEs "are playing a prominent role in AD/CVD enforcement, and trade enforcement is one of the Center's key responsibilities," she said. CBP appears to have ramped up its use of the CEEs to enforce AD/CV duty evasion and other issues, Ted Murphy, a lawyer with Baker & McKenzie, said in a recent email.

Textile covers imported and later attached to mattress frames are not eligible for classification as wooden bedroom furniture due to how the frames are classified, CBP said in July 26 ruling (here). The covers are specially cut and sewn to be attached with staples to a wood frame meant to provide "rigidity for a mattress of equivalent size," CBP said. Culp, a textiles manufacturer and distributor, sought a binding ruling from CBP on the correct classification of the textile covers. The company's lawyer, Jon Fee of Alston and Bird, argued that the covers deserve to be classified under heading 9403 as a part of wooden bedroom furniture.

There's no imminent plan to explicitly eliminate the ability to file on paper and electronically as part of the ACE transition, Cynthia Whittenburg, deputy assistant commissioner in CBP's Office of International Trade, said during a conference call with reporters July 27. CBP previously sought input on prohibiting filings that are a combination of electronic and paper filings (see 1510090017), which raised some concerns within industry (see 1511100030). While that is still the goal further down the line, the processing improvements of using ACE alone is seen by CBP as incentive enough to make such a regulation unnecessary for now, she said.

Two types of special packaging that allow for retail displays for footwear still on a pallet as imported should be classified along with the footwear, CBP said May 18 in response to a further review of protest (here). The packaging at issue accompanied shipments for the Eastman Footwear Group and is able to protect footwear imported in individual boxes on pallets and later used as a display on a sales floor, CBP said. The company said the cardboard displays deserve separate classification from the imported footwear.

A rare Ferrari imported into the U.S. meets the requirements for classification as a collector's item, CBP said in a further review of a protest ruling (here). CBP liquidated the entry for the car, imported from Italy after inclusion in an exhibit at the Ferrari Museum in Italy, under Harmonized Tariff Schedule (HTS) heading 8703 as a motor car. "The invoice which accompanied the car upon importation lists its sale price as $25,000,000," CBP said.

Imported plastic fish parts meant to substitute for preserved fish parts for game fish displays are not classifiable under the same subheading as traditional taxidermy fish mounts, CBP said in a ruling (here). King Sailfish Mounts, represented by Deborah Stern of Sandler Travis, said such mounts should be classified alongside similar mounts used in taxidermy. The plastic fish "blanks" at issue represent game fish that were caught and then released alive, CBP said.

Filers of the revised Form 5106 that don't include Social Security or passport numbers for the company officers would risk delayed cargo and refund processing, CBP said in information recently submitted to the Office of Information and Regulatory Affairs (OIRA). While considered optional, "the absence of other reportable data about companies or individuals will affect CBP’s ability to fully understand the level of risk on subsequent transactions, and could result in the delay of the release of cargo or the delay in the processing [of] a refund," CBP said in list of responses to public comments it filing with OIRA (here). CBP is considering adding several new data fields to the form (see 1507240009).

The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet July 27 in Boston, CBP said in a notice (here).