In the June 23, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 26), CBP issued notices: (a) proposing to modify a classification ruling on a Fetch ToteTM dog toy, and (b) modifying a ruling regarding the country of origin marking for Italian-origin jewelry chains and clasps assembled in the U.S. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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.
In the June 23, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 26), CBP issued notices: (a) proposing to revoke a classification ruling on portable locking gun cases, and (b) proposing to modify a classification ruling regarding a security indicator assembly. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message to remind CBP and importers of the interim procedures for "prototypes" entered under HTS 9817.85.01.
On June 18, 2004, the House of Representatives passed H.R. 4567, the Department of Homeland Security Appropriations Act, 2005. In addition, on June 17, 2004, the Senate Appropriations Committee approved its own version of a fiscal year (FY) 2005 DHS appropriations bill (S. 2537), which as been placed on the Senate's legislative calendar. See future issues of ITT for additional details on congressional action on FY 2005 DHS appropriations legislation.)
The Journal of Commerce reports that the Automated Commercial Environment (ACE) will take longer to complete than planned because, among other things, the need for anti-terrorism features in the system has apparently set back its development. The article notes that while U.S. Customs and Border Protection (CBP) originally hoped to have ACE constructed over five years, with completion in 2007 or 2008, officials now state that with the added technology and the need for additional funding, ACE is likely to be on an eight- to ten-year schedule, which would have it completed by 2010 at the earliest. (JoC dated 06/21-27/04, www.joc.com.)
On June 17, 2004, the House of Representatives passed H.R. 4520, the American Jobs Creation Act, by a vote of 251 to 178. H.R. 4520 would, among other things, repeal the Foreign Sales Corporation/Extraterritorial Income Act (FSC/ETI) tax regime (which has been found by the World Trade Organization to be illegal), reduce the top corporate tax rate for domestic manufacturers and small corporations, make certain Customs-related changes, etc. (The Senate passed its own version of this legislation, the Jumpstart Our Business Strength (JOBS) Act (S. 1637), on May 11, 2004. See ITT's Online Archives or 05/13/04 news, 04051399 1, for previous BP summary.)(House Ways and Means Committee press release, dated 06/17/04) available at http://waysandmeans.house.gov/news.asp?formmode=release&id=228.)
The Departmental Advisory Committee on Commercial Operations of the Bureau of Customs and Border Protection (COAC) held a quarterly meeting on June 18, 2004 in Washington, DC to discuss and receive updates from U.S. Customs and Border Protection (CBP) officials on various trade and customs issues.
The Department of Transportation's (DOT's) National Highway Traffic Safety Administration (NHTSA) has issued a proposed rule which would revise certain fee amounts in 49 CFR Part 594 relating to the registered importer (RI) program and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS).
Washington Trade Daily reports that U.S. Trade Representative Zoellick has accused Senate Democrats of holding up quick action on legislation (S. 2529) to extend the African Growth and Opportunity Act (AGOA) trade preference program. The article states that the bill is identical to H.R. 4103 (known as AGOA III) that was recently passed by the House. (WTD dated 06/18/04, www.washingtontradedaily.com )
Certain Certs breath mints are not preparations for oral or dental hygiene. In Warner-Lambert Company v. U.S., the Court of International Trade (CIT) ruled in favor of U.S. Customs and Border Protection (CBP) that certain Certs Powerful Mints are properly classified under HTS 2106.90.99 (6.4%), which provides for food preparations not elsewhere specified or included.