CBP published several thousand prospective rulings in 2019 on its Customs Rulings Online Search System (CROSS) database. The agency issues its rulings from either the National Commodity Specialist Division in New York, which handles issues like classification, country of origin, marking and preferential treatment, or the Office of Regulations and Rulings at CBP headquarters in Washington, D.C., which may also decide other issues, such as valuation, drawback, exclusion order enforcement and liquidation.
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 some of the top stories for Jan. 21-24 in case they were missed.
A domestic manufacturer filed petitions on Jan. 22 with the Commerce Department and the International Trade Commission requesting new antidumping duties on difluoromethane (R-32) from China. Commerce will now decide whether to begin an AD duty investigation on the refrigerant. The investigation was requested by Arkema.
Recent CBP regulations limiting the amount of drawback that can be claimed on excise taxes look set to be invalidated, after the Court of International Trade issued a decision Jan. 24 that found those limits contradict the legal framework created by Congress for drawback and legislative intent to expand the duty savings program.
A class action lawsuit filed at the Court of International Trade Jan. 16 could result in billions of dollars in refunds to all importers that have paid Section 232 tariffs on steel products, though its chances of success are still unclear, and any payment is a long way off, lawyers say.
The Department of Homeland Security will take several new steps toward preventing the importation of counterfeit goods, executive branch officials said during a Jan.24 press conference to discuss a report on the subject. Peter Navarro, a close White House adviser on trade, said of the report: “What they produced is both historic and transcendent. The guts of this are the 10 sets of government actions that will be implemented immediately.” But, he said, 10 best practices for private industry -- which are voluntary -- are as important, if not more important. He said that currently, the burden is on the intellectual property rights holders to police the internet, and the government to catch counterfeits in shipments.
The Justice Department is adding new lawyers to its international trade office, indicating that there could be an uptick in Section 592 penalty cases against importers, according to Crowell & Moring’s 2020 Litigation Forecast. The hiring comes amid increased scrutiny on valuation and country of origin issues as Section 301 tariffs incentivize importers to find ways to reduce duty liability. “This likely means that CBP has already determined that a significant amount of penalty cases are not going to be resolved administratively and will proceed to litigation,” said David Stepp, a customs lawyer with the law firm.
The Commerce Department is again amending two suspension agreements that shelve antidumping and countervailing duties on sugar from Mexico (A-201-845/C-201-846). The changes are nearly equivalent to 2017 amendments to the 2014 accords that were thrown out by the Court of International Trade in a decision issued in October (see 1910210051).
A recent court decision on CBP’s authority to suspend liquidation of entries it suspects are covered by antidumping and countervailing duties cements the agency’s stance into one of stricter enforcement and could create some headaches for importers of some goods that are not clearly covered by AD/CVD orders, customs lawyers said in the wake of the ruling.
Tariffs on French champagne, cheeses, handbags and other products (see 2001060040) will not be coming, several news outlets are reporting, since France has agreed not to impose a Digital Services Tax in 2020 as negotiations continue at the Organization for Economic Co-Operation and Development on a fair way to impose income taxes on companies such as Google and Amazon.