U.S. Customs and Border Protection has issued a proposed rule to amend 19 CFR to preclude the filing of a substitution drawback claim1 for Federal excise tax2 paid on imported merchandise in situations where (1) no excise tax was paid on the substituted merchandise or where (2) the substituted merchandise is the subject of a different claim for refund or drawback of Internal Revenue Code taxes.
The International Trade Commission has instituted a section 337 patent-based investigation of certain hybrid electric vehicles and components thereof pursuant to a complaint.
The recent Section 421 process which resulted in 35-25% additional duties being imposed on certain tires from China took only five months from the start of the investigation to the imposition of the duties.
The Census Bureau has posted to its Web site the October 2009 issue of its Automated Export System Newsletter. Highlights include:
CBP has posted a notice on the Animal and Plant Health Inspection Service's announcement regarding an increase to their fees charged for certain agricultural quarantine and inspection (AQI) services. These rate changes will become effective November 1, 2009. (See ITT's Online Archives or 10/01/09 news, 09100105, for BP summary of APHIS delaying the AQI user fee increase until November 1st.) (Notice, dated 10/06/09, available at http://www.cbp.gov/xp/cgov/travel/pleasure_boats/user_fee/2010_fee_increase.xml)
GENEVA - Intellectual property rights (IPR) for standards, platforms and content are raising new competition concerns for Internet, telco and equipment manufacturers, speakers said at ITU Telecom World forum on content and intellectual property rights issues in information and communications technology. Players are relying on a palette of technical solutions and alternative dispute resolution to solve and avoid problems.
The Office of the U.S. Trade Representative has announced that the U.S. has asked the World Trade Organization to establish a dispute settlement panel regarding the European Union's restrictions on imports of U.S. poultry. (Press release, dated 10/08/09, available at http://www.ustr.gov/about-us/press-office/press-releases/2009/october/united-states-requests-wto-panel-challenge-eu-rest)
Porn industry trade group Free Speech Coalition filed a constitutional challenge to federal rules for maintenance of records on adult performers and those who engage in “simulated” sexual activity. The lawsuit filed in U.S. District Court in Philadelphia concerns the so-called 2257 and 2257A rules, promulgated by the Justice Department at the tail end of the George W. Bush administration to comply with the Adam Walsh Child Protection and Safety Act (WID Dec 29 p1). Other plaintiffs include “mainstream media” photographers, a photographer and photojournalist trade group, sex educators and sexologists, journalists, and adult producers, performers and distributors, the coalition said. The Supreme Court’s decision not to review a previous case concerning the 2257 rules, Connection v. Holder, spurred the challenge, the group said. The rules “impose heavy and unnecessary burdens on constitutionally protected expression” by many segments of society, said plaintiffs’ lawyer Michael Murray. Coalition Executive Director Diane Duke called on the new Justice Department to “clean up this constitutional mess. We plan on holding their feet to the fire the entire way.”
U.S. Customs and Border Protection has updated and expanded its frequently asked question document on its interim final rule that amended 19 CFR effective January 26, 2009, to require Security Filing (SF) information from importers and additional information from carriers (10+2) for vessel (maritime) cargo before it is brought into the U.S.
The Directorate of Defense Trade Controls has issued a notice announcing that effective immediately, DSP license applicants must file for a replacement license when making amendments to a DSP license (DSP-6, 62, 74 and 119) for value or quantity changes.