Customs Duty

The Coalition of American Manufacturers of Mobile Access Equipment seeks the imposition of new antidumping and countervailing duties on mobile access equipment from China, it said in a petition filed with the Commerce Department and the International Trade Commission Feb. 25. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CV duty orders and the assessment of AD and CV duties on importers. The coalition consists of JLG Industries, Inc. and Terex Corporation.

Todd Owen, former executive assistant CBP commissioner who worked in the Office of Field Operations before retiring, said during a March 3 webinar that the trade community should expect to see a lot more traditional customs work over the next few years, such as missed descriptions, undervaluation, duty evasion and import safety. Owen, who is a senior trade adviser at Diaz Trade Law, also said during the webinar that he thinks stopping goods made with forced labor is going to continue to be a priority for the Biden administration. “I don’t see this going away,” he said.

First sale treatment may not be applicable to transactions involving non-market economies, including China, Court of International Trade Senior Judge Thomas Aquilino said in a March 1 decision. In a ruling on cookware imported by Meyer from Thailand and China through a Chinese middleman, the trade court found the involvement of Chinese companies made it difficult to determine whether the transaction was at arm's length and undistorted by non-market influences, as required for first sale valuation. Though he stopped short of saying imports originating in non-market economies could never receive first sale valuation, he called on the U.S. Court of Appeals for the Federal Circuit to clarify.

Across dozens of pages of written answers to Senate Finance Committee members, U.S. trade representative nominee Katherine Tai often avoided directly answering questions, instead pledging to work with senators on their priorities. One of the most common questions posed to Tai was whether she would renew Section 301 exclusions that expired last year; as well, whether she would allow companies that were denied exclusions another chance at a request; and whether she would reopen the exclusion process.

Canadian textile company Tricots Liesse 1983 must pay its surety, Aegis Security Insurance, $768,916.53 along with legal fees for a customs bond payment that Aegis made on Tricots' behalf to cover unpaid duties on textile imports. Tricots must reimburse Aegis after Tricots failed to object to Aegis' motion for a quick ruling on the facts of the case, the Court of International Trade ruled in a Feb. 26 summary judgment. While the bond payment amount is not under dispute, Judge Richard Eaton did not accept Aegis' quote for its legal fees and ordered the surety to provide additional evidence of how much it is owed in attorney's fees, costs and expenses. Aegis initially submitted attorney time sheets on Aegis letterhead, claiming over $92,000 in legal fees that the court deemed did not meet the evidentiary standard for reimbursement. The lawyer for Tricots withdrew from the case Sept. 23, 2020.

Descartes Systems acquired QuestaWeb, Descartes said in a March 1 news release. Descartes said paid about $36 million with cash on hand for the company, a trade management software company and ACE developer. “In today’s complex and dynamic regulatory environment, technology is crucial to ensure that supply chains are compliant and efficient at each step along the way,” said Ken Wood, executive vice president-product management at Descartes. “The addition of QuestaWeb’s FTZ solution brings an important capability to our Global Logistics Network and will help our customers manage the entire foreign-trade zone process, allowing them to minimize duties, fees and taxes while remaining compliant with CBP regulations.” Descartes has made several acquisitions in recent years (see 1901280021 and 1612280024).

The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on granular polytetrafluoroethylene resin from India and Russia (A-533-899/C-533-900, A-821-829/C-821-830).

The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely on March 17, CBP said in a notice. Comments are due in writing by March 16.

American Association of Exporters and Importers CEO Marianne Rowden believes automation is going to replace a lot of tariff classification work over the coming years. “Will human beings be doing tariff classification in the next three to five years? I don't think so -- I think it’s all going to be done by machine,” Rowden told a National Association of Foreign-Trade Zones online conference Feb. 9. She also predicted that the moratorium on customs duties on digital transactions, such as downloads of games or movies, will end in the medium term. “Every two years there is a vote at the World Trade Organization on the moratorium on customs duties on digital transmissions,” she said. “I think we’re going to lose that vote probably within the next five to six years because governments, particularly developing countries, are so desperate for revenue.”

The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on pentafluoroethane (R-125) from China (A-570-137/C-570-138). The CV duty investigation covers entries Jan. 1, 2020, through Dec. 31, 2020. The AD duty investigation covers entries July 1, 2020, through Dec. 31, 2020.