In recent editions of the Official Journal of the European Union the following trade-related notices were posted:
Customs Duty
A Customs Duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs Duty Rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight.
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The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on sodium gluconate, gluconic acid and derivative products (GNA products) from France and China (A-427-829/A-570-071), and a countervailing duty investigation on GNA products from China (C-570-072). The agency will determine whether imports of French or Chinese GNA products are being sold in the U.S. at less than fair value, and whether Chinese imports are illegally subsidized.
A domestic manufacturer filed a petition on Dec. 27 with the Commerce Department and the International Trade Commission requesting new antidumping and countervailing duties on plastic decorative ribbon from China. Commerce will now decide whether to begin AD/CVD investigations on plastic decorative ribbon that could eventually result in the assessment of AD/CV duties. The petition, filed by Berwick Offray, targets ribbons made of various plastics that are used "mainly for decorative purposes, such as gift wrapping, holiday decorations, and party crafting."
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The Court of International Trade on Dec. 11 sustained a Commerce Department scope ruling that found curtain wall units imported separately by Yuanda for the same construction project are covered by antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968). Capping a long-running case wherein Commerce at one point ruled the curtain wall units are exempt (see 1610110052), CIT held that curtain wall units may be subassemblies that are not subject to duties, but that Yuanda’s units need further fabrication before assembly, disqualifying them for the exemption. For example, hangers, lock panels, shims and embeds needed for the final curtain wall are not included on any invoice or entry forms, CIT said. With the issue of whether Yuanda’s curtain wall units are covered decided, CIT found it did not need to rule on whether the curtain wall unit exemption applies only to units imported as one customs entry, or whether the units can be imported in multiple entries for the same project over an extended period.
A freight forwarder breached its fiduciary responsibility to pay customs duties and refund overpayments, even though it is not a broker licensed to perform customs business, the Northern Illinois U.S. District Court said in a decision issued Dec. 20. Pactrans did not have a fiduciary duty as a customs broker to Union Pacific to pay $5.8 million in antidumping and countervailing duties, but the power of attorney allowing Pactrans to act as Union Pacific’s agent mentioned duty payment, and the forwarder breached that fiduciary duty as an agent when it kept the money for itself, the court said.
Congress posted the text of the Customs Business Fairness Act. Introduced by New York Reps. Peter King (R) and Gregory Meeks (D) on Dec. 14, H.R. 4657 would provide relief to customs brokers for duties paid on behalf of importers who declare bankruptcy (see 1712180053).
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