CBP released its June 28 Customs Bulletin (Vol. 51, No. 26) (here). While it does not contain any rulings, it does include recent CBP notices and Court of International Trade opinions.
The following lawsuits were filed at the Court of International Trade during the week of June 12-18:
CBP released its June 21 Customs Bulletin (Vol. 51, No. 25) (here). While it does not contain any rulings, it does include recent CBP notices and Court of International Trade opinions.
The Commerce Department is exempting GVN Fuels Limited from antidumping duties on oil country tubular goods from India (A-533-857), it said (here). A court-ordered recalculation of GVN’s rate from the original investigation in 2014 caused the company’s rate to fall to zero. Companies that receive zero rates in AD/CVD investigations are permanently exempt from the resulting orders. The period for appeal has expired for the Court of International Trade decision sustaining the recalculation. As such, Commerce is amending the AD duty order to exclude GVN’s entries from further suspension of liquidation, and will direct CBP to liquidate all currently suspended entries from GVN without regard to AD duties.
The following lawsuits were filed at the Court of International Trade during the week of June 5-11:
CBP released its June 14 Customs Bulletin (Vol. 51, No. 24) (here). While it does not contain any rulings, it does include recent CBP notices and Court of International Trade opinions.
An importer of bearings from China must individually mark the country of origin onto the bearings, rather than the packaging, CBP said in a April 5 ruling (here). While the importer, Tex Star Bearings, asserted that individual marking "is neither legally required nor commercially feasible," CBP disagreed. The agency found that the company didn't sufficiently prove that the bearings fall within an exception to marking rules because of some question as to whether the goods would reach the ultimate purchaser unopened. CBP's ruling came in response to a request for internal advice from the Port of Houston.
An importer’s conduct in a court case does not affect the amount of penalties that should be assessed for tariff misclassification, the Court of International Trade said in a decision issued June 7 (here). Although the government had sought $324,540 in penalties from Horizon Products International for the importer’s negligent misclassification of its plywood imports in a duty free tariff subheading, CIT instead authorized half that. A “significant penalty” was warranted for “slow-playing the Government,” but failure to cooperate in a court case should instead be addressed by other means, it said.
CBP is providing additional guidance on resubmitting protests rejected under the agency’s previous policy against using protests to claim preferences under certain free trade agreements and programs, in a CSMS message (here). “In order to assist CBP in processing protests previously rejected as non-protestable,” importers with rejected protests are “required” to resubmit their protests within 180 days of the February policy memorandum that ended the policy (see 1702220038), “i.e. on or about Aug. 14,” the message said. The policy memo itself had only said importers are “requested” to resubmit within 180 days. "Protests are required to be filed by August 14, 2017," said a CBP spokeswoman. "Any protests filed after that date will not be considered," she said.
The following lawsuits were filed at the Court of International Trade during the week of May 29 - June 1: