Tim Warren

The Treasury Department published its fall 2023 regulatory agenda for CBP. The agenda includes a new mention of a proposed rule to amend CBP’s regulations on the entry of “certain low-value shipments not exceeding $800 that are eligible for an administrative exemption from duty and tax.”

DHS published its fall 2022 regulatory agenda for CBP. There were no new trade-related rulemakings included, with upcoming regulations on continuing education requirements for customs brokers still listed at the final rule stage.

CBP authorized the release of most types of merchandise on or after Dec. 16 through Dec. 31 under Immediate Delivery (ID) procedures, it said in a CSMS message. Many entry filers make regular use of ID procedures for fresh fruits and vegetables and other merchandise from Mexico and Canada, etc.

CBP posted several documents ahead of the Sept. 14 Commercial Customs Operations Advisory Committee (COAC) meeting:

The lists 1 and 2 Section 301 tariffs on Chinese imports didn’t terminate on the fourth anniversaries of their imposition dates, July 6 and Aug. 23, after the Office of the U.S. Trade Representative received “numerous requests” from “domestic industries” to keep the duties intact, according to an agency notice late Sept. 2.

CBP plans to revoke hundreds of customs brokers' licenses by operation of law, without prejudice, for failure to file the 2021 triennial status report and applicable fee, it said in a notice. CBP’s list includes the broker name (individual or company), license number and port name associated with the licenses being revoked.

CBP detained 2,010 shipments due to withhold release orders through June 30, the agency said in an update to its trade statistics page Aug. 19. CBP detained 1,469 shipments related to the WROs in fiscal year 2021. The value of the detained goods stopped in FY 2022 through June 30 is $357.8 million, it said. The value of detained goods in the previous fiscal year was $486 million.

The U.S. Court of Appeals for the Federal Circuit ruling to overturn a Court of International Trade decision that called into question the use of first sale treatment for imported goods involving non-market economy countries (see 2208110060) is largely seen as providing a welcome relief to importers, several law firms said. "For those importers enjoying the benefits of lower declared values and duties, particularly from China in light of Section 301 tariffs, there is no longer a need for concern now that, on appeal, the court has given first sale a nod," Sandler Travis lawyer Lenny Feldman said on a podcast. The original CIT decision (Meyer Corporation v. U.S., Fed. Cir. #21-1392) raised some concerns for the future of first sale treatment (see 2104200028).

The U.S. and Mexico successfully resolved a rapid response complaint over alleged violations of worker rights at the Teksid Hierro de Mexico plant in Frontera, Mexico (see 2206060046), the Office of the U.S. Trade Representative said Aug. 16. The facility, which is owned by Stellantis, will take several steps meant to protect worker rights, USTR said. As a result of the resolution, USTR Katherine Tai instructed Treasury Secretary Janet Yellen to direct CBP to resume entry liquidations of goods from the factory, in an Aug. 16 letter.

A little over a month since the Uyghur Forced Labor Prevention Act rebuttable presumption took effect, no importer so far has successfully overcome that presumption, Elva Muneton, acting executive director of the UFLPA Implementation Task Force said, speaking Aug. 3 during the CBP Detroit Field Office's Virtual Trade Week. "Thirty days into this. I have not seen any documentation that has been able to overcome the rebuttable presumption," she said. But, "it's only been 30 days so I think the documentation for a lot of the shippers that are detained are being assembled to be submitted to CBP. That's what I'm guessing is happening."