Tim Warren

Goods imported to the U.S., sent to Mexico for labeling and/or cleaning and then entered back into the U.S. are eligible for duty-free treatment, CBP said in a Sept. 17 ruling (here). Four Seasons Design, the importer, sought CBP's input on whether a variety of items could be considered eligible for classification under subheading 9802.00.50. That subheading covers items that are "exported to be advanced in value or improved in condition by means of repairs or alterations," said CBP. The agency found that both the cleaning and labeling of the goods meets the standards for "repairs or alterations."

Despite marketing that touts home food storage functions, the "Good Lunch Box" is best classified under the subheading that covers lunch boxes, CBP said in response to a further review of protest application (here). The Nov. 10 ruling, HQ H266606, addressed arguments from the importer, ORE Originals, which said the lunch boxes would be better classified in subheading 3924.10.40 as “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” CBP disagreed and said classification of the imported goods as lunch boxes follows past CBP rulings and court decisions.

The following customs broker licenses and all associated permits are revoked for failure to employ a licensed broker, said CBP in a notice (here).

The Food and Drug Administration is working to update and expand its filer evaluation program, said Domenic Veneziano, director of the FDA's Division of Import Operations, at an event hosted by the American Conference Institute on Jan. 22. The new national filer evaluation procedure, which is still in the works, will also be more collaborative and the FDA is working with importers and brokers to develop the process, he said. The agency does about 1,000 per year now, but under the new system, "everybody that files within" the U.S. will face a review about every four years, he said.

A new Broker Regulations Working Group will make use of a number lessons learned through past initiatives focused on the regulatory changes for customs brokers, said Cindy Allen during the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) meeting on Jan. 13. Allen, CEO of Trade Force Multiplier, expects the working group's recommendations to be the "last step in the process." The group will "build on" the efforts of recent COACs to figure out where there's agreement and challenges, she said. The groups will also serve as a model for future discussions involving other roles within the supply chain, she said.

The added ability to make beverages other than coffee and tea isn't enough to change the classification of brewing systems imported by Keurig, CBP said in a Oct. 13 ruling (here). The ruling, HQ H259317, was in response to an internal advice request from Keurig through the Port of Chicago. The company sought input on whether a line of its brewing systems that can now make hot chocolate, lemonade and soup should still be classified as "coffee or tea makers."

The Advisory Committee on Commercial Operations (COAC) for CBP will next meet Jan. 13 in New Orleans, CBP said in a notice (here).

The submission rate for cargo release continues to edge up, with some 11.6 percent of cargo release entries in the Automated Commercial Environment as of November, according to CBP's presentation that was part of an webinar hosted by Integration Point on Dec. 15 (here). CBP reported a 10.2 percent submission rate in October. The low levels of cargo release submissions is a source of some concern at CBP ahead of the ACE transition dates (see 1510190017 and 1511050059).

Reusable plastic shopping bags imported in 2012 don't meet the composition requirements for duty-free treatment under miscellaneous tariff bill (MTB), said CBP in a Sept. 30 ruling (here). The internal advice ruling came in response to a further review of protest submitted by the importer, Eco Guardian. While Eco Guardian's request was timely, CBP said the company's filing didn't include some required information on how the protest was eligible for a further review. As a result, the agency treated the filing as an internal advice request, said CBP.

Scientific equipment returned to the U.S. from Antarctica may be eligible for "entry by appraisement" or country of origin marking exemptions, CBP said to Lockheed Martin in a Nov. 17 ruling (here). The company requested CBP's input on the entry procedures for the equipment, which Lockheed handles as the primary logistics contractor for the U.S. Antarctic Program (USAP). "The problem with some of these items for Customs purposes is that it may be difficult or impossible to enter the items under the usual and normal entry procedures because it is not possible to determine their country of origin," said CBP.