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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January 21, 2020 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Jan. 13-19:

Topics:Customs duty, Court of International Trade

AT&T Retrans Court Loss Could Affect Good-Faith Appeal

January 21, 2020 by Monty Tayloe and Matt Daneman|Top News

A court dismissed AT&T's breach of contract and a trade secrets violation complaint against a negotiator handling retransmission consent talks for a group of Sinclair sidecar stations. That prompted speculation by industry lawyers we spoke with Friday on whether the decision will affect broadcasters' appeal of an FCC ruling that they violated good faith rules.

Final FIRRMA Regulations Address Commenter Concerns, Omit Clearer Definition for Critical Technology

January 15, 2020 by Ian Cohen|Top News

The Treasury Department’s final regulations for the Foreign Investment Risk Review Modernization Act made several changes to the proposed rules based on public comments and provided more clarity about FIRRMA’s “excepted foreign states” concept. But Treasury did not provide a more specific definition for “critical technologies” despite several requests from industry.

Topics:OFAC Sanctions Activity, Unverified List Updates, OFAC, Export Administration Regulations, Commerce Control List, BIS Advisory Opinion , BIS Entity List , Committee on Foreign Investment in the United States (CFIUS), Export Control Classification Number (ECCN)

New AD/CV Duties Requested on Wood Moulding and Millwork

January 14, 2020 |AD/CV - Patent

A domestic producer coalition filed petitions on Jan. 7 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on wood mouldings and millwork products from Brazil and China, and new countervailing duties on the same product from China. Commerce will now decide whether to begin AD/CVD investigations on wood mouldings and millwork that could eventually result in the assessment of AD/CV duties.

Topics:Customs duty

January 14, 2020 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Jan. 6-12:

Topics:Customs duty, Court of International Trade

January 7, 2020 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Dec. 30 - Jan. 5:

Topics:Court of International Trade

CIT Finds Bills of Lading Allowable as Transshipment Evidence

January 6, 2020 by Tim Warren|Top News

Bills of lading provided to CBP by third-party shippers as part of transshipment penalty litigation are allowed as evidence despite claims that such documents do not meet the requirements of permissible hearsay, the Court of International Trade said in a Jan. 3 ruling. The case involves Harvic International, which allegedly transshipped apparel from China through Bangladesh, the Philippines or Korea. The Justice Department filed the suit “seeking a civil penalty of $405,042.90, plus interest and costs” after Harvic did not pay any of CBP's penalty demands.

Topics:Court of International Trade, CBP CROSS Rulings