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321 de minimis

De minimis is a policy described in 19 U.S.C. 1321 that allows the import of low value articles duty and tax free, provided their aggregate fair retail value does not exceed $800 in the country from which the articles are imported.  Additionally, the articles must be imported by only one person on one day. The previous de minimis threshold was $200, but the Trade Facilitation and Trade Enforcement Act of 2015 increased it to $800. Increasing volumes of de minimis merchandise, along with enforcement concerns related to fentanyl and counterfeit merchandise, among other things, have prompted calls to restrict the pathway. De minimis goods may be cleared off manifest, or qualifying goods may be entered under the informal Type 86 entry type.

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CAFC Affirms Denial of Ford NAFTA Claims in Dispute Over Certificate of Origin Waivers
January 7, 2016 |Top News

The U.S. Court of Appeals for the Federal Circuit affirmed the denial of NAFTA treatment to Ford auto parts imported from Canada (here), finding CBP can apply different certificate of origin waiver requirements to reconciliations than it does to regular post-importation claims. The Jan. 6 decision was marked by a lengthy dissent from Circuit Judge Jimmie Reyna, one of the few Federal Circuit judges with a background in trade.

Topics:Court of International Trade
CIT Dismisses Challenge to HMF Payments on Bunker Fuel
December 31, 2015 |Penalties and Courts

The Court of International Trade on Dec. 30 denied a challenge to CBP’s collection of harbor maintenance fees on bunker fuel distributed to the Ports of San Diego and Los Angeles, finding the distributor could not dispute the case in court because it did not file a valid protest with CBP (here). The Jankovich Company had argued the bunker fuel was not subject to HMF because it is not commercial cargo. In response, CBP held in a ruling that payment of HMF on the bunker fuel shipments was required. Despite several requests for reconsideration of the ruling, Jankovich never filed a protest to dispute the collection of HMF, even though the regulation on HMF, 19 CFR 24.24, explicitly provides for the filing of protests. Finding Jankovich did not follow the administrative procedures to get its day in court, CIT dismissed the case.

Topics:Court of International Trade
CIT Again Holds Commerce to Narrow Interpretation of Wax Candle Duties
December 31, 2015 |Penalties and Courts

The Court of International Trade on Dec. 28 rejected a new interpretation from the Commerce Department on the coverage of antidumping duties on petroleum wax candles from China, again sending a recent scope ruling back to the agency for a redetermination (here). The court held the agency to a strict interpretation of the scope, finding only a limited set of candle shapes subject to antidumping duties.

Topics:Court of International Trade