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Federal Court Keeps in Place NMFS Rule for High-Risk Seafood Imports
August 30, 2017 |Penalties and Courts

The Commerce Department's National Marine Fisheries Service acted within its authority when it issued rules for imports of species of seafood the agency has deemed high-risk, the U.S. Court of Appeals for the D.C. Circuit said in an Aug. 28 ruling. The National Fisheries Institute (NFI) and individual seafood importers and processors filed the lawsuit to challenge the rule, which was issued in December last year and includes new ACE filing requirements at time of entry beginning in January 2018 (see 1612080014). The companies said the NMFS undercounted the burdens to industry of the and rule and that only the Food and Drug Administration has the statutory authority to regulate seafood fraud. U.S. District Judge Amit Mehta disagreed with those arguments and ruled in favor of the government.

BIS Announces Denial of Export Privileges for Seven Export Control Law Violators
August 17, 2017 |Penalties and Courts

The Bureau of Industry and Security (BIS) is denying export privileges for seven individuals for Arms Export Control Act violations, the agency said. BIS removed export privileges for Yasser Ahmad Obeid until Dec. 17, 2024, which will be 10 years after the U.S. District Court for the Middle District of Florida convicted him of agreeing to export items designated on the U.S. Munitions List (USML) without a required State Department license, BIS said. BIS removed export privileges for Jose Benavides-Cira until Nov. 30, 2020, after he was convicted Nov. 30, 2015, in the U.S. District Court for the Southern District of Texas for agreeing to export rifles to Mexico with no State license or approval. Benavides is the subject of another export denial (see 1706300006). BIS eliminated export privileges for Ricardo Varela until Feb. 8, 2021, after he was convicted on Feb. 8, 2016, in the U.S. District Court for the Southern District of Texas for agreeing to export rifles to Mexico with no State license.

CIT Rules Parts for Pacemakers Duty Free After Government Agrees With Importer's Challenge
August 9, 2017 |Penalties and Courts

The Court of International Trade granted an importer’s motion to reclassify parts used to manufacture subassemblies for pacemakers in a special duty-free tariff provision, in three separate decisions issued Aug. 7 (here) (here) and (here). CBP had originally classified the components, including substrates, cap sensors, coils and “AOTs,” in various tariff subheadings throughout the tariff schedule. But the importer, Micro Systems Engineering, protested, and the government subsequently agreed, that the parts are specially designed or adapted for use in heart pacemakers and should have been classified in a special subheading in Chapter 98 for goods that fall under the Nairobi Protocol to the Florence Agreement on the Importation of Educational, Scientific and Cultural Materials. That subheading 9817.90.96, is duty free and exempt from the Merchandise Processing Fee. With the parties in agreement, CIT ordered CBP to reliquidate and issue duty refunds with interest.

Topics:Customs duty, Court of International Trade