The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
The Office of the U.S. Trade Representative is requesting comments on how China and Russia are complying with their World Trade Organization commitments, including in its import regulation, export regulation, subsidies, non-tariff barriers, intellectual property rights enforcement, rule of law issues, and trade facilitation, or other issues.
The Office of the U.S. Trade Representative seeks comments by Sept. 9 on how it should impose Section 201 safeguards on imports of polyester staple fiber, after the International Trade Commission in July found imports of the product are injuring U.S. industry. USTR said it may recommend tariffs or a tariff rate quota, export quota agreements, import licensing or other actions as part of the potential safeguard. Responses to comments are due Sept. 16. USTR will hold a public hearing Sept. 30, with requests to appear also due Sept. 9.
Trade associations are generally pleased with the trade facilitation discussion draft issued in the Senate last week (see 2407310037), though they all noted that moving to a true one-U.S.-government data submission and release regime requires money, which may not follow, even if the bill becomes law.
The Commerce Department on Aug. 2 released its quarterly update to its annual list of foreign-government subsidies on imported articles of cheese subject to an in-quota rate of duty, for the period Jan. 1 - March 31, 2024. The agency again found that only Canada is providing subsidies, in the form of export assistance.
The Committee for the Implementation of Textile Agreements is adding several types of nylon and polyester dobby weave fabric to the "short supply list" in Annex 3.25 of the Dominican Republic-Central America Free Trade Agreement for items not commercially available in a timely manner, it said in a notice. Powers Manufacturing Company, which does business as Powers Athletic, requested the additions in June. The fabrics, classifiable under Harmonized Tariff Schedule subheadings 5407.73.2015, 5407.73.2060, 5407.53.2020 and 5407.53.2060, are being added in unrestricted quantities. Under short supply provisions of CAFTA-DR, fibers, yarns and fabrics listed in Annex 3.25 are provided with tariff preferences under the trade agreement.
Following the lead of House Select Committee on China members, Sens. Lindsey Graham, R-S.C., and Sheldon Whitehouse, D-R.I., introduced a bill Aug. 1 to enhance criminal prosecutions for trade offenses.
CBP unveiled Aug, 2 a list of proposals further defining just how President Joe Biden expects the agency to implement Biden’s "Detect and Defeat" legislation (see 2407310030) aimed at thwarting fentanyl and other illicit drugs from entering the U.S. via the millions of de minimis shipments or imports that are worth less than $800.
The U.S. District Court for the Southern District of New York last week ordered importer Delta Uniforms and its owner, George Iloulian, to pay over $1.3 million for avoiding customs duties on medical uniforms, footwear and other apparel. Judge Paul Gardephe said they violated the False Claims Act and must pay triple the amount of the evaded duties and a $557,880 civil penalty.
CBP has released its July 31 Customs Bulletin (Vol 58, No. 30), which includes the following ruling actions: