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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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Glycine Producer Didn't Exhaust Administrative Remedies Before Coming to CIT, US Alleges
August 14, 2024 by Kathryn Nucci|Litigation

A domestic glycine producer brought its case to the Court of International Trade to make up for omissions and errors it made in a scope ruling application, the U.S. claimed Aug. 9. It asked the court to reject the producer’s motion for judgment because it had failed to exhaust its arguments during the administrative process (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).

Topics:Court of International Trade activity, Country of origin cases
Parties Push AFA for Problem Suppliers, Loper Bright as 'Intervening Legal Authority'
August 13, 2024 by Kathryn Nucci|Litigation

An exporter and a petitioner each filed an opposition to the Commerce Department’s final results upon remand for an antidumping duty review on Indian-origin steel pipe, in which the department provided a strong defense of adverse facts available as a tool to combat the problem of noncooperative unaffiliated suppliers (see 2407100037) (Garg Tube Export v. U.S., CIT # 21-00169).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity, Country of origin cases, Statutory Interpretation
CIT Says Entries Liquidated, So No Injunction, Intervention for Turkish Exporter
August 9, 2024 by Jacob Kopnick|Litigation

The Court of International Trade on Aug. 8 denied exporter Habas Sinai ve Tibbi Gazlar Isihsal Endustrisi's motions to intervene in an antidumping suit and secure an injunction on its entries because its entries have "already been liquidated." Judge Jane Restani said that because the company failed to secure an injunction from the court prior to the liquidation of its entries, the court can't provide the relief the company seeks.

Topics:Court of International Trade activity, Country of origin cases