Cannabis industry companies should take stock of their import supply chains and CBP clearance procedures in the wake of actions against shippers for undervaluing merchandise, law firm Neville Peterson said in a Jan. 2 blog post. While undervaluation for cannabis-related goods "may have gone undetected due to CBP's unfamiliarity with" the products, CBP is "moving up a learning curve," allowing for easier detection and greater due diligence for importers, the post said.
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.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Commerce Department set the 12-month 2024 value-added tariff preference level for certain apparel imported directly from Haiti eligible to receive duty-free treatment under the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE). For the one-year period Dec. 20, 2023, through Dec. 19, 2024, the recalculated quantity of imports eligible for preferential treatment under the value-added TPL is 313,655,640 square meters equivalent (SME). Apparel articles entered in excess of this TPL will be subject to otherwise applicable duty rates.
Rep. Earl Blumenauer, D-Ore., the most prominent advocate for restricting de minimis in Congress, said he held an informal hearing in the hopes of building consensus with Republicans. No Republicans attended, but Rep. Don Beyer, a pro-trade Democrat who serves with Blumenauer on the House Ways and Means Trade Subcommittee, said in an interview after the hearing that he was swayed.
Furniture company Homestar North America will pay $798,334 to settle charges that it violated the False Claims Act by underreporting the value of its Chinese imports to avoid customs duties, the U.S. Attorney's Office for the Eastern District of Texas announced. Of the total penalty, $151,683 will go to the whistleblower in the action: Larry Edwards, a logistics and warehouse manager who worked for Homestar for a short stint in 2020.
Congress should remove permanent normal trade relations status for China, but rather than move Chinese imports into Column 2, it should create a China-specific tariff schedule "that restores U.S. economic leverage to ensure that the [Chinese government] abides by its trade commitments and does not engage in coercive or other unfair trade practices and decreases U.S. reliance on [Chinese] imports in sectors important for national and economic security," the House Select Committee on China wrote as one of its dozens of legislative recommendations in its "Strategy to Win America's Economic Competition with the Chinese Communist Party." The report, released Dec. 12, also recommended:
Dallas-based importer ADCO Industries, also known as Dallco Marketing, settled charges that it violated the False Claims Act by avoiding customs duties on Chinese industrial product imports, the U.S. Attorney's Office for the Northern District of Texas announced. The company agreed to pay $2.5 million to settle the whistleblower action, with $500,000 going to whistleblowers Donald Reznicek and Collen McFarland.
The Court of International Trade ruled Dec. 11 that imported industrial shredders that use blades to break up material carry no duties because they are classifiable as crushing and grinding machines.
Ghacham Inc., a Paramount, California-based wholesale clothing company operating under the Platini brand, was ordered to pay a $4 million fine and nearly $6.4 million in restitution for undervaluing its garment imports to avoid paying millions of dollars in customs duties, the U.S. Attorney's Office for the Central District of California announced Dec. 8. The penalty, which also includes a five-year probationary period, was also levied for Ghacham's work with a woman tied to Mexico's Sinaloa drug cartel.
The Customs Modernization bill introduced in the Senate allows CBP to access data from parties in the supply chain other than importers, allows those parties to update and amend their advance data, and authorizes a customs broker or importer of record to convert the pre-entry information into a certified entry filing.