Customs brokers have been pushing for a change to U.S. bankruptcy law for decades to make it so pass-through payments to CBP for tariffs are not subject to clawback after a client goes bankrupt. With a package of funding bills the Senate passed March 8, brokers got a permanent change to the law.
The Court of International Trade on Feb. 27 ruled that Chinese exporter Ninestar Corp. wasn't required to exhaust its administrative remedies by appealing to the Forced Labor Enforcement Task Force before challenging its placement on the Uyghur Forced Labor Prevention Act Entity List "under the particular facts of this case." But Judge Gary Katzmann denied the exporter's motion for a preliminary injunction against its placement on the Entity List, finding that the company was unlikely to succeed on three of its four claims against its listing.
The Federal Maritime Commission issued its final rule for new demurrage and detention billing requirements, describing the information carriers and marine terminal operators must include in their invoices, clarifying which parties can be billed and under what time frames, outlining the processes for disputing charges, and more.
CBP will require type 86 entries to be filed “upon or prior to arrival” of the shipment beginning Feb. 15, it said in a notice modifying its Entry Type 86 test. The change from the current requirement, which is within 15 days of arrival of the cargo, is intended to address “enforcement challenges surrounding low-value shipments entered” via type 86, CBP said. The notice also “clarifies the consequences of misconduct” by participants in the pilot, including potential ineligibility for type 86 entry filing, the agency said.