International Trade Today is providing readers with some of the top stories for July 16-20 in case they were missed.
Goods under the $800 de minimis level are not subject to Section 232 tariffs, a CBP spokesperson said July 18. CBP previously said that tariffs don't apply to de minimis shipments covered under the Section 301 tariffs (see 1807050033). The agency recently ruled against the use of foreign-trade zones to get around limits on de minimis entries (see 1807180022).
CBP Commissioner Kevin McAleenan highlighted some planned additional benefits to participation in the Customs Trade Partnership Against Terrorism program, in prepared remarks for the July 18 Senate Finance International Trade Subcommittee hearing on U.S. ports and trade. The ongoing transitioning of the Importer Self-Assessment program into CTPAT Trade Compliance "includes the extensive development of new benefits," he said. CBP has a loose deadline of the end of 2018 for transitioning ISA participants into CTPAT (see 1709070010), and a phased rollout of new CTPAT standards is expected to begin in October (see 1806070058).
The Section 321 entry exemptions do not apply to bulk shipments sent to foreign-trade zones that are broken up for individual consumption entries below the $800 de minimis level prior to a consumer order, CBP said in May 8 ruling the agency released on July 17. Much of the decision hinges on the definition of "importation," as expected (see 1806050049). The ruling came in response to an internal advice request from Jim Swanson, CBP director-cargo and conveyance security and controls, it said. CBP recently said the new Section 301 tariffs won't apply to Section 321 entries (see 1807050033).
The Animal and Plant Health Inspection Service is proposing a new de minimis exemption from Lacey Act declaration requirements for importers. Under the proposed rule, importers would not have to submit declarations for products with minimal amounts of plant material. The agency is considering setting thresholds based on either weight or volume at either the product or entry line level. APHIS is also proposing to codify certain declaration requirements in its regulations, including a deadline of three days after importation for the submission of declarations, and seeks comments on a separate exemption for composite wood products. Comments on both exemptions are due Sept. 7.
CBP will begin to apply a 25 percent Section 301 duty on goods found on a list of 818 8-digit tariff subheadings with country of origin China that are entered on or after 12:01 a.m. Eastern time July 6, said Alex Amdur, CBP director-antidumping and countervailing duty policy and programs, on a call held July 5 to answer questions from the trade community. Based on country of origin, not country of export, the tariffs will be applied based on the date of entry, and goods with an entry date prior to July 6 will not be subject, including in cases in which the filers “elect” such an entry date.
The Environmental Protection Agency is setting new reporting requirements that would apply to importers and exporters of mercury, mercury compounds and products containing mercury. Under the final rule, persons who import or manufacture mercury or mercury-added products, intentionally use mercury in a manufacturing process, distribute mercury or mercury-added products in commerce, store mercury after manufacture or import, or export mercury or mercury-added products would be required to electronically report every three years the amount of mercury they handle and certain use-specific information, such as the country of origin of their imports.
The Food and Drug Administration recently issued a new draft guidance document to help animal food facilities comply with supply chain program requirements of animal food preventive controls rules that may in some cases apply to importers. Under the supply chain provisions, similar to requirements for human food facilities, facilities that manufacture or process ingredients from outside suppliers must use approved suppliers and appropriate supplier verification activities, including on-site audits and record reviews of their suppliers.
Toy companies met with Senate Finance Committee staffers, CBP, the Consumer Product Safety Commission and representatives from Alibaba and Amazon June 14 in Washington to discuss intellectual property issues, the Toy Association said in a news release. "Participating toy companies spoke about their experiences tackling infringing toys sold online and discussed possible solutions to improve toy safety and IP protection on e-commerce platforms," the release said. The Senate Finance Committee is taking a close look at e-commerce platforms and sales of counterfeit goods (see 1805300029)
An eagerly awaited CBP ruling on how foreign-trade zones are treated under Section 321 entry exemptions is expected to conclude that withdrawals from FTZs don't meet the requirements for such exemptions, National Association of Foreign-Trade Zones President Erik Autor said in a June 5 interview. Among other issues, CBP was considering whether larger shipments can be brought into foreign-trade zones, then broken up into smaller shipments valued under the $800 de minimis so they can be entered exempt from taxes and fees under Section 321 (see 1802140015).