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CIT Denies Hearing for Challenge to CBP Ruling on NAFTA Eligibility for Brussels Sprouts
December 4, 2014 |Penalties and Courts

The Court of International Trade on Dec. 2 dismissed a lawsuit related to the NAFTA-eligibility of frozen Brussels sprouts imported by General Mills from Mexico (here). General Mills wanted to challenge the ruling before having to incur the administrative costs associated with actually importing the frozen vegetables. But CIT said it would have to import them and protest the NAFTA treatment before getting a hearing from the court.

Topics:Court of International Trade
CIT Jurisdiction Issues Compound AD/CVD Scope Difficulties for Importers, Says Judge
December 2, 2014 by Brian Feito|Top News

NEW YORK -- The Court of International Trade’s hazy jurisdiction over scope issues is one of the issues that is creating headaches for importers with products that are potentially subject to antidumping and countervailing duties, said CIT Judge Jane Restani at the Court of International Trade Judicial Conference on Dec. 1. An unclear dividing line between Commerce Department and CBP scope responsibilities means that importers that want to protect themselves have to take both routes, by filing a scope ruling request and a protest, in the hope of getting to court to challenge a finding their products are subject to AD/CV duties, said Restani.

Topics:Court of International Trade
As ITDS Makes Progress, Interagency Challenges Remain
December 1, 2014 by Tim Warren|Top News

While there has been some progress toward an International Trade Data System, the complexity of bringing together a disparate group of governmental bodies with differing statutory requirements continues to present some roadblocks, say government and industry officials. Still, there continues to be significant momentum from President Barack Obama's executive order in February that created a 2016 deadline for finishing ITDS (see 14021928), they said. For instance, the Federal Communications Commission (FCC), an agency that is involved in regulating some imports but is far less involved at the border as other agencies, reported some movement on its work with CBP, though its clear there's still much to be done.

Topics:Automated Commercial Environment (ACE)
FCC Approves NPRM to Guide IP Transition
November 24, 2014 by Kery Murakami|Top News

In a vote that reflected differences on the FCC about the agency’s role in the IP transition, the FCC on Friday approved a declaratory ruling that consumer advocates hailed as strengthening the agency’s ability to require approval for the retirement of copper, and also raised a number of questions in a rulemaking notice to guide the agency in dealing with the continued move away from copper.

CBP Seattle Sends Out Updated Guidance for West Coast Port Disruptions
November 20, 2014 |Customs

CBP's Port of Seattle office provided additional guidance for industry on how to deal with port disruptions related to labor contract disputes on the West Coast. The Nov. 19 trade information notice largely reflects the updates from a July CSMS message (here). CBP updated a June 24 guidance (see 14062423) to include more details on how to handle shipments of FDA-regulated products. It also gives information for customs brokers whose shipments have been diverted to another district where the broker is unpermitted, updates procedures for cargo diverted to another West Coast port, and says part of CBP’s plan is to “provide front-of-the-line benefits and priority processing to partners in the Customs-Trade Partnership Against Terrorism (C-TPAT) program.”