CBP has released its Dec. 18 Customs Bulletin (Vol. 58, No 50). It contains no ruling actions but includes a notice of finding that aluminum extrusions and profile products and derivatives produced or manufactured by Kingtom Aluminio with the use of convict, forced or indentured labor are being, or are likely to be, imported into the U.S. (see 2412030006). Two Court of International Trade slip opinions also are included.
CBP CROSS Rulings
CBP issues binding advance rulings in connection with the importation of merchandise into the United States. They issue the rulings to give the trade community transparency of how CBP will treat a prospective import or carrier transaction. Common rulings include the tariff classification, country of origin, or free trade agreement applicability of merchandise, among other things. These rulings are available in CBP's Customs Rulings Online Search System (CROSS) database.
The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
CBP issued the following releases on commercial trade and related matters:
The Commerce Department failed to consider whether U.S. Steel Corp. had the capacity to fill the aggregate of importer California Steel Industries' Section 232 steel tariff exclusion requests as opposed to just assessing whether U.S. Steel could fill all of them individually, the Court of International Trade held on Nov. 13. Judge M. Miller Baker added that Commerce didn't address its concession that it couldn't timely supply more slab than contracted for with California Steel.
The National Marine Fisheries Service seeks to revise regulations to allow for the streamlining of electronic filing requirements pertaining to the import of fish or fish products, according to a notice of proposed rulemaking in the Federal Register.
CBP has released its Dec. 11 Customs Bulletin (Vol. 58, No. 49), which contains no ruling actions but includes a notice that CBP granted Proctor & Gamble Lever rule protection against importations of certain anti-dandruff shampoo and conditioner products manufactured in Germany that bear the federally registered and recorded “HEAD & SHOULDERS” trademark. It also includes a notice reminding customs brokers that the annual user fee for 2025 is due no later than Jan. 31. Three Court of International Trade slip opinions also are included.
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit told the Court of International Trade that it has now twice wrongly told an importer that its first-sale price method to determine the duty level of its cookware was prohibited.
The U.S. requested a panel under the rapid response mechanism in the USMCA for the third time to investigate a Canadian mining facility located in Mexico. The Office of the U.S. Trade Representative said that the U.S. and Mexico were unable to come to an agreement and so "the United States therefore has determined that it is appropriate to request a panel to verify the facility’s compliance with Mexican labor laws."
The Treasury Department’s recent delegation of its customs revenue functions to DHS “will make the regulatory process much more efficient and ensure everyone has adequate input,” acting CBP Commissioner Troy Miller said in opening remarks at the Commercial Customs Operations Advisory Committee meeting Dec. 11.
CBP issued the following releases on commercial trade and related matters: