International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
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.
Drawback for merchandise processing fees should be calculated at the entry summary line level for both substitution and direct identification drawback claims, CBP said in a recently released ruling announced in a July 23 CSMS message.
Importers Yellow Bird and Vantage Point filed a complaint at the Court of International Trade July 18 arguing that a 1955 Jaguar race car, driven in competitions by multiple Australian racing drivers, is a collector's item, not a used motor vehicle (Yellowbird Enterprises v. U.S., CIT # 24-00121).
The Treasury Department published its spring 2024 regulatory agenda for CBP. The agenda continues to list a proposed rule to amend CBP’s regulations on the entry of “certain low-value shipments not exceeding $800 that are eligible for an administrative exemption from duty and tax.”
The Hyshield brand plant fertilizer produced by British Columbia-based Sipco Innovations ultimately should have China as its country of origin for marking purposes. However, the country of origin for the Hyshield product is Canada for Section 301 purposes, and it qualifies for preferential tariff treatment under USMCA, according to a May 8 ruling addressed to CBP’s Pharmaceuticals, Health and Chemicals Center of Excellence and Expertise in Newark, New Jersey, and recently released by CBP.
DHS published its spring 2024 regulatory agenda for CBP with only one new trade-related action mentioned. The department listed a new proposed rule that could mandate electronic export manifest for all cargo leaving the U.S. by ocean vessel.
CBP has denied a request by Minnesota-based crude oil refiner CHS to reverse a 2015 decision regarding the imposition of merchandise processing fees (MPFs) on entries of crude oil imported into the U.S. from Canada via the Front Range Pipeline.
The National Customs Brokers & Forwarders Association of America, the International Air Transport Association and three other trade groups have asked House and Senate leaders to compel the Centers for Disease Control and Prevention to delay the implementation of a rule that would affect the importation of dogs into the U.S.
CBP has released its July 17 Customs Bulletin (Vol. 58, No. 28). Among a number of general notices published in the bulletin are a notice of issuance of a final determination concerning a DisplayPort male-to-female video adapter (see 2407010033), and a notice of the revocation of nine ruling letters and the revocation of treatment relating to the tariff classification of wireless headphone sets from China, Mexico and an undisclosed country of origin (see 2404240061).
Dan Ujczo, senior counsel in Thompson Hine's trade practice, said he expects a second Biden or Trump administration to say it won't authorize USMCA to continue for another 16 years in 2026, when the trade pact is up for review.