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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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Petition Asks FTC to Issue Made in USA Regulations, Allow Penalties for First-Time Violators
September 10, 2019 by Brian Feito|Top News

A recent petition filed with the Federal Trade Commission asks the agency to issue regulations that would allow it to hit first-time violators of Made in USA requirements with monetary penalties. TruthinAdvertising.org says the lack of any regulations on Made in USA claims means unscrupulous companies are able to falsely advertise with impunity, harming consumers and other companies that are honest about their products’ origins.

Topics:Forced Labor
EchoStar Appeals to Federal Circuit Loss of CBP Video Tech Trade Case
September 3, 2019 |Intellectual Property

EchoStar appealed the U.S. Court of International Trade decision upholding denial by Customs and Border Protection of more than $276,000 in drawback claims from a video technology importer and exporter as untimely. The CIT said in June (see 1906180069) the date of filing was when a complete paper claim was submitted, not the electronic summary. The appellant/petitioner's brief is due Oct. 21, said docket 19-2299 for EchoStar v. U.S. in the U.S. Court of Appeals for the Federal Circuit. As of Friday, beyond a docketing notice (in Pacer), no additional documents were in that docket (in Pacer).

EchoStar Appeals to Federal Circuit Loss of CBP Video Tech Trade Case
September 3, 2019 |Intellectual Property

EchoStar appealed the U.S. Court of International Trade decision upholding denial by Customs and Border Protection of more than $276,000 in drawback claims from a video technology importer and exporter as untimely. The CIT said in June (see 1906180069) the date of filing was when a complete paper claim was submitted, not the electronic summary. The appellant/petitioner's brief is due Oct. 21, said docket 19-2299 for EchoStar v. U.S. in the U.S. Court of Appeals for the Federal Circuit. As of Friday, beyond a docketing notice (in Pacer), no additional documents were in that docket (in Pacer).

EchoStar Appeals to Federal Circuit Loss of CBP Video Tech Trade Case
September 3, 2019 |Trade

EchoStar appealed the U.S. Court of International Trade decision upholding denial by Customs and Border Protection of more than $276,000 in drawback claims from a video technology importer and exporter as untimely. The CIT said in June (see 1906180069) the date of filing was when a complete paper claim was submitted, not the electronic summary. The appellant/petitioner's brief is due Oct. 21, said docket 19-2299 for EchoStar v. U.S. in the U.S. Court of Appeals for the Federal Circuit. As of Friday, beyond a docketing notice (in Pacer), no additional documents were in that docket (in Pacer).

Elimination of 'Double Drawback' for Excise Only Ends 'Anomaly' Created by CBP Field Office, DOJ Brief Says
August 30, 2019 by Brian Feito|Top News

A recent change to the customs regulations that limits the use of substitution drawback on excise taxes is supported by the plain language of the law, and merely closes a “double drawback” loophole that CBP San Francisco erroneously opened in 2004 when it misinterpreted that legal language as it was first enacted, Justice Department lawyers said in a brief filed Aug. 28 with the Court of International Trade.

Topics:Drawback