CBP's new Forced Labor Allegation Portal and Forced Labor Portal will consolidate the information collection of potential forced labor violations into one centralized location, "increasing efficiency and reducing the burden of collection to both CBP and the public," the agency said in a notice seeking comments as it prepares to submit the information collection to the Office of Management and Budget.
Think tank scholars from Cato Institute, a libertarian organization, say the best chance for preventing a 20% tariff on all non-Chinese imports and a 60% tariff on Chinese imports is for Congress to curtail the executive's power to impose tariffs during the upcoming lame-duck session.
CBP issued the following releases on commercial trade and related matters:
Former Mexican Ambassador to the U.S. Martha Bárcena said that she has been told that the U.S. will not comply with the panel ruling that said that rollup was understood to be part of the automotive rule of origin (see 2403070067), and she said that is undermining USMCA. She said that's because both the Republicans and the Democrats are fighting for the political support of the United Autoworkers and Teamsters. (The autoworkers' union characterizes rollup as watering down the requirement for North American content in vehicles).
Felicia Pullam, executive director of trade relations at CBP, defended the administration's proposal to end de minimis eligibility for goods subject to Section 301 tariffs as workable, arguing that charging a $2 fee per de minimis package will allow the agency to hire more staff to screen for contraband, and pushing back on industry arguments that collecting tariffs on low-value packages costs the agency more than that revenue.
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The Court of International Trade on Oct. 7 sent a customs classification dispute on truck steps to a bench trial after finding that the undisputed facts are insufficient for conducting a principal use analysis on whether the products are "side protective attachments." Judge Jennifer Choe-Groves held that while a Section 301 exclusion for "side protective attachments" is a principal use provision, and not a provision for an individual product, the court can't at this time properly assess the imports at issue under a principal use framework.
Reps. Rick Crawford, R-Ark., and Frank Mrvan, D-Ind., the leaders of the Congressional Steel Caucus, told Commerce Secretary Gina Raimondo that fabricated structural steel and prestressed concrete strand need to be subject to 25% Section 232 tariffs, because "bad actors" are exporting the goods to avoid the 25% tariffs on steel.
CBP is clarifying how the ACE Entry Type 86 Test governing de minimis shipments applies to customer returns under Chapter 98 of the Harmonized Tariff Schedule of the U.S., according to an Oct. 4 cargo systems message. The agency said a Chapter 98 classification is not applicable if using the Section 321 duty exemption under Type 86. The merchandise would still enter duty-free under Type 86, but the consignee will be subject to the $800/day de minimis limit, CBP said. "Filers should assess whether filing under the Entry Type 86 or filing a formal or informal entry under Chapter 98 is more advantageous when processing returns, as both are permissible," it said.
Sandler Travis managing partner Lenny Feldman said that CBP decided to delay an ACE validation for de minimis shipments to a recipient that would exceed $800 a day, because "they realized when this hits, there's going to be a significant amount of cargo that's going to be above the threshold."