Inconsistent documentation cost a manufacturer of plastic pallets, trays and lids duty-free treatment on returned items, CBP said in a June 13 HQ ruling addressed to the Automotive and Aerospace Center of Excellence and Expertise, directing it to deny a protest by ZF TRW Canada (ZF).
The U.S. and Taiwan this week agreed to soon begin trade talks under a new initiative aimed at increasing trade in goods and removing “discriminatory barriers,” the Office of U.S. Trade Representative said. The negotiations, which USTR said are set to begin “early this fall,” also will include discussions on trade facilitation measures, anti-corruption, agriculture, technology standards, digital trade, labor and non-market policies. The U.S. and Taiwan plan to “pursue an ambitious schedule” for the talks, Deputy USTR Sarah Bianchi said, adding the discussions will result in a “fairer, more prosperous and resilient 21st century economy.”
The U.S. Court of Appeals for the Federal Circuit ruling to overturn a Court of International Trade decision that called into question the use of first sale treatment for imported goods involving non-market economy countries (see 2208110060) is largely seen as providing a welcome relief to importers, several law firms said. "For those importers enjoying the benefits of lower declared values and duties, particularly from China in light of Section 301 tariffs, there is no longer a need for concern now that, on appeal, the court has given first sale a nod," Sandler Travis lawyer Lenny Feldman said on a podcast. The original CIT decision (Meyer Corporation v. U.S., Fed. Cir. #21-1392) raised some concerns for the future of first sale treatment (see 2104200028).
The U.S. and Mexico successfully resolved a rapid response complaint over alleged violations of worker rights at the Teksid Hierro de Mexico plant in Frontera, Mexico (see 2206060046), the Office of the U.S. Trade Representative said Aug. 16. The facility, which is owned by Stellantis, will take several steps meant to protect worker rights, USTR said. As a result of the resolution, USTR Katherine Tai instructed Treasury Secretary Janet Yellen to direct CBP to resume entry liquidations of goods from the factory, in an Aug. 16 letter.
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Lawyers for the Section 301 test-case plaintiffs HMTX Industries and Jasco Products have until Sept. 14 to file their response to the Aug. 1 remand results on the lists 3 and 4A tariffs from the Office of the U.S. Trade Representative, said an Aug. 15 scheduling order from the three-judge panel at the Court of International Trade. DOJ’s reply is due 44 days later, by Oct. 28, the order said. The two sides, in a joint status report, had agreed on the Sept. 14 date for the plaintiffs to respond to USTR’s remand results, but the government asked for 60 days to Nov. 14 to file its reply, while the plaintiffs asked for the government's reply within 30 days, by Oct. 14.
An importer of recyclable material with a negative valuation can use the transaction value of similar goods that had a positive valuation to appraise the merchandise, CBP said in a recent ruling. Though goods with a negative price can’t be appraised using transaction value, fluctuations in the prices of the underlying metals means some shipments of the recyclable materials will have positive prices that can be used to appraise the negatively priced entries, CBP said.
Two importers each will pay seven-figure sums to settle False Claims Act lawsuits related to the undervaluation of their customs entries and underpayment of duties, DOJ said Aug. 11. Apparel importer Luchiano Visconti and its manager, Sasha Hourizadeh, will together pay $3.64 million to settle allegations they sent fraudulent invoices to their customs broker that understated the actual price paid. In a separate settlement, Eos Energy Storage will pay $1.02 million to resolve allegations that it failed to declare assists and other additions to transaction value.
The Federal Maritime Commission is seeking public comments on whether it should issue an emergency order requiring carriers and terminal operators to share new information with shippers on “cargo throughput and availability.” The FMC said it can issue the potential emergency order -- using an authority granted to it by the Ocean Shipping Reform Act -- if it determines that supply chain congestion has created “an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international transportation supply system.” Comments are due Sept. 14.
CBP has no basis to consider a country’s non-market economy status when determining whether to grant first sale treatment to a transaction, the U.S. Court of Appeals for the Federal Circuit said Aug. 11 in a widely anticipated decision involving cookware imported by Meyer.