CBP released its Aug. 13 Customs Bulletin (Vol. 48, No. 32). While the Bulletin does not contain any ruling articles, it does include recent Court of International Trade decisions and general notices.
CBP's efforts to update an agency publication outlining the means to verify a first sale valuation equates to legal impropriety by CBP, said law firm Grunfeld Desiderio in comments to the agency on the proposed changes. "A major rule change cannot be effected through informal trade outreach and a revision to an Informed Compliance Publication," it said. The draft change to the Informed Compliance Publication (ICP) includes a controversial list of documents the agency said it might request from industry to verify the use of first sale pricing (see 14071025)
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The Federal Maritime Commission will change its rules for claims of Shipping Act violations involving less than $50,000, it said. "The current rules provide that claims less than $50,000 will be decided by a Settlement Officer appointed by the Commission’s Alternative Dispute Resolution Specialist," said the FMC in a notice. The new rules provide that claims in the amount of $50,000 or less will be decided by a Small Claims Officer appointed by the Commission’s Chief Administrative Law Judge." The change will be effective Nov. 7, unless "unless significant adverse comment is received" by Sept. 8, it said. Because the change is not a "major rule," a proposed rulemaking notice is not required, said the agency.
CBP extended the comment period to Sept. 8 for an existing information collection related to Reports of Diversion. CBP proposes to extend the expiration date of this information collection with no change to the burden hours.
The U.S. and Kenya signed a Customs Mutual Assistance Agreement on Aug. 6 that outlines collaborative work on security and trade facilitation between the two countries, CBP said in a press release. The agreement will help CBP and ICE in the effort to "work to prevent, detect and investigate customs offenses,” said CBP Acting Deputy Commissioner Commissioner Kevin McAleenan.
CBP again found that the 90 day period for reliquidation of entries that deemed liquidated runs from the date notice of liquidation was provided to the importer, and not from the date of liquidation itself. The recently released May 22 ruling, HQ H136435, largely mirrors an April 18 ruling in which CBP found that a reliquidation was permissible despite deemed liquidation having occurred years earlier (see 14061818). The similarities in the rulings, both further reviews of protests, may point to a new-found position that the agency decided to take on the question, which could potentially lead to litigation, said lawyers following the issue.
CBP issued its weekly tariff rate quota and tariff preference level commodity report as of Aug. 4. This report (here) includes TRQs on various products such as beef, sugar, dairy products, peanuts, cotton, cocoa products, and tobacco; and certain BFTA, DR-CAFTA, Israel FTA, JFTA, MFTA, OFTA, SFTA, UAFTA (AFTA) and UCFTA (Chile FTA) non-textile TRQs, etc. Each report also includes the AGOA, ATPDEA, BFTA, DR-CAFTA, CBTPA, Haitian HOPE, MFTA, NAFTA, OFTA, SFTA, and UCFTA TPLs and TRQs for qualifying textile articles and/or other articles; the TRQs on worsted wool fabrics, etc.
Customs Rulings Online Search System (CROSS) was updated Aug. 4 with 147 rulings, bringing the total number of searchable rulings to 183,216. The most recent ruling is dated 08/01/14.
CBP posted a draft version of some frequently asked questions regarding ocean export manifests in the Automated Commercial Environment (ACE). "The document represents a series of questions received from Ocean Export stakeholders," said CBP. "Where possible, CBP has provided a preliminary response to the various questions." The FAQs largely focus on technical issues. The agency stressed that the FAQs are a draft document and not an official regulatory document. "This document is a working vehicle for exchange of information between CBP and ocean industry stake holders during the development phases of the [Automated Export System] Export Manifest," it said. "At a future time, CBP may incorporate all or part of this document into an official Export Manifest FAQ document. Trade groups will be notified via CSMS of any such official publication; meantime this document is an evolving work in progress."