A product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the Court of International Trade held on May 15. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court precedent distinguishes importation from entry.
CBP released a notice outlining refund procedures to implement President Donald Trump’s April 29 executive order on tariff stacking. The notice says that, beginning May 16, importers may request refunds on entries on or after March 4 by way of a post-summary correction for unliquidated entries or a protest for entries that have been liquidated but where the protest period hasn’t expired.
CBP released a notice outlining refund procedures to implement President Donald Trump’s April 29 executive order on tariff stacking. The notice says that, beginning May 16, importers may request refunds on entries on or after March 4 by way of a post-summary correction for unliquidated entries or a protest for entries that have been liquidated but where the protest period hasn’t expired.
CBP has added several new enhancements, detailed in its May ACE Development and Deployment Schedule, that seek to facilitate the input of tariff-related data into ACE.
The following lawsuits were filed at the Court of International Trade during the week of May 5-11:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
CBP released guidance on the decrease of the reciprocal tariff rate on China to 10% beginning at 12:01 a.m. EDT on May 14. As provided in the executive order issued by President Donald Trump the previous day, the guidance says filers of entries from China, Hong Kong and Macau after the effective date should report subheading 9903.01.25, which is the subheading for the 10% universal tariff applicable to almost all countries.
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
The reduction of the reciprocal tariff on China from 125% to 10% will take effect at 12:01 a.m. ET on May 14, said President Donald Trump in an executive order. The decrease will not be retroactive.
An exemption from reciprocal tariffs for U.S. content that rises above 20% should be calculated only on the basis of a good’s physical characteristics, CBP said in an update to its FAQ on International Emergency Economic Powers Act tariffs. “Non-physical elements” like research and development, intellectual property rights and royalties can’t be included toward exempt U.S. content, CBP said.