The government can seek reclassification of an importer's merchandise in court at a higher duty rate, even when CBP didn't previously pursue the rate increase against the importer, DOJ said in March 15 brief in support of its counterclaim in a tariff classification suit brought by Cyber Power -- which says the counterclaim sets a dangerous precedent (Cyber Power Systems (USA) Inc. v. United States, CIT #21-00200).
Customs duty
A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.
July 6 marks the fourth anniversary of the List 1 Section 301 tariffs' taking effect on Chinese imports, and the 1974 Trade Act requires their expiration after four years, “unless some conditions are met,” said David Olave, a Sandler Travis associate and trade policy adviser, on a recent podcast. “No unilateral 301 action that I know has made it through the four years, so we’re about to witness trade policy procedural history,” he said.
House Ways and Means Trade Subcommittee Chairman Earl Blumenauer, D-Ore., speaking at an event about his proposal to remove Chinese exports' eligibility for de minimis, suggested that if the provision does not pass as part of a compromise China package, he's got a Plan B. The language in his bill says that de minimis won't be available to any non-market economy that's on the priority watch list. "Now, coincidentally, that's just China," Blumenauer said with a grin during the Rethink Trade webinar March 9.
The top Republican on the House Ways and Means Committee said it will make allies laugh if Congress passes a bill that urges the Office of the U.S. Trade Representative to work to convince other countries to remove Russia from their normal tariff schedule offered to World Trade Organization members, given that the U.S. is not doing that.
A flexible packaging material imported by Amcor Flexibles Kreuzlingen is classifiable as "other" backed aluminum foil, rather than aluminum foil decorated with a pattern or design, the Court of International Trade said in a Feb. 22 decision. Judge Gary Katzmann said that since the text on the foil is communicative text and not a pattern, Amcor's suggested alternative Harmonized Tariff Schedule subheading was the proper one, though he rejected the HTS heading most preferred by Amcor.
In January, some technical fixes had to be made to the Harmonized Tariff Schedule "to conform to amendments adopted by the World Customs Organization" (see 211227003). To now fix a technical error that occurred with that and to ensure that those "amendments do not extend the scope of the additional duties in the Section 301 investigation," the Office of the U.S. Trade Representative issued a notice about two technical modifications to the HTS notes that implement the additional duties. The modifications are effective as of Jan. 27.
The Court of International Trade heard oral argument on Feb. 1 over whether lists 3 and 4A of Section 301 tariffs were properly imposed, marking one of the largest cases in the CIT's history. The hourslong affair saw the judges push back on arguments made by both the Department of Justice and the plaintiffs, with significant attention paid to the procedural elements of the president's decision to impose the retaliatory Section 301 tariffs on billions of dollars worth of Chinese goods. In all, the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves heard from the Department of Justice, counsel for the test case plaintiffs HMTX Industries and Jasco Products, and amici.
Thirteen groups that represent business interests told House leaders that they strongly oppose the changes to de minimis in the trade title of the America Competes Act, the House answer to the Senate China bill that passed last year.
CBP issued the following releases on commercial trade and related matters:
The 2022 Harmonized Tariff Schedule includes a new note defining “semiconductor devices” in Chapter 85. Old Note 9(a), which defined “diodes, transistors and similar semiconductor devices” is replaced by a new note, renumbered 12(a) due to the addition of other, unrelated new notes to Chapter 85. The new Note 12(a) defines the term as follows: