As CBP deploys measures to ensure de minimis compliance among importers, there are some big-picture items that the agency and Congress need to consider to enable scalability or prevent loopholes, according to Lenny Feldman, managing partner with Sandler Travis.
CBP announced the calendar year 2024 tariff rate quota for tuna in airtight containers. It said 15,226,726 kilograms of tuna in airtight containers may be entered and withdrawn from warehouse for consumption during 2024, at the rate of 6% under Harmonized Tariff Schedule subheading 1604.14.22. Any such tuna that is entered or withdrawn from warehouse for consumption during the current calendar year in excess of this quota will be dutiable at the rate of 12.5% under HTS subheading 1604.14.30.
The Office of the U.S. Trade Representative is amending two exclusions from Section 301 tariffs to conform the tariff numbers in the descriptions of the exclusions to recent tariff schedule changes, it said in an Aug. 6 notice. The affected exclusions are found at U.S. Notes 20(vvv)(iv)(10) and 20(vvv)(iv)(11) to subchapter III of Chapter 99. The conforming amendments are effective July 1.
The following lawsuits were filed at the Court of International Trade during the week of July 29 - Aug. 4:
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 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.
Senate Finance Committee Chairman Ron Wyden, D-Ore., is sharing draft text with the trade of a bill that would remove goods subject to Section 301 tariffs from the de minimis entry lane, along with any categories deemed "import sensitive" in the Generalized System of Preferences benefits program legislation.
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.
Sen. Chuck Grassley, R-Iowa, who has traditionally been a defender of the current law on de minimis (see 1907300048), said that while he's not up for lowering the $800 threshold, he would be willing to change the low value import process to combat fentanyl, as the White House is proposing.
A bipartisan pair of senators fleshed out a trade facilitation framework released in early June (see 2406100015) with legislative text that authorizes spending to create a true single window and modernize ACE, as well as details of how duty drawback could change.