Export Compliance Daily is providing readers with some of the top stories for July 29 - Aug. 2 in case they were missed.
A recent Federal Circuit decision on tariff engineering is the latest in a string of cases that threatens to throw the importing community into turmoil, trade groups said in briefs requesting that the court rehear the case. The American Association of Exporters and Importers, the Customs and International Trade Bar Association and, in a joint brief, the National Association of Manufacturers and the U.S. Chamber of Commerce say the appeals court’s decision on Ford transit vans threatens to upend a century of precedent on tariff classification by solidifying use as a factor in eo nomine tariff classification.
The Toy Association says the same safe-harbor law that protects YouTube for not preventing copyright infringement on that site should not apply to physical goods. The comments were filed in response to Commerce's request for input on the subject as it prepares a report for the president (see 1907080030). The association argues that the issues are more urgent, because counterfeit toys have not undergone safety testing, and that an online seller has more knowledge about its sellers' products than companies combing through listings do. They said "even the simple addition of proactive text filters can prevent thousands of listings every month."
The following lawsuits were filed at the Court of International Trade during the weeks of July 29 - Aug. 4:
International Trade Today is providing readers with some of the top stories for July 29 - Aug. 2 in case they were missed.
The criminal charges filed against a China-based aluminum extrusions manufacturer, its owner and several related companies over tariff evasion (see 1907310040) is good news for the aluminum extrusion industry, the Aluminum Extruders Council said in an email. The charges allege that Zhongtian Liu, his company China Zhongwang Holdings, and several other companies controlled by Liu, including Perfectus, imported aluminum extrusions but declared them exempt from antidumping and countervailing duties. "ZhongWang and its affiliates have been an ongoing and disruptive force in the U.S. aluminum industry, especially regarding aluminum extrusions," the AEC said. "ZhongWang and its affiliates dumped tens of millions of pounds of aluminum extrusions into the U.S. market for months leading up to our victory in our Fair Trade Case. Although the shipments stopped after the orders took place, soon afterward extrusions were being shipped into Mexico by ZhongWang and stored in the desert. Later, fake pallets, comprised solely of aluminum extrusions, began entering the United States. Once uncovered, the AEC launched its scope clarification case, in which the Department of Commerce sided with the industry and declared the fake pallets were covered merchandise and thus subject to duties. At every turn, the AEC was actively involved in thwarting ZhongWang’s attempt to avoid duties."
The following lawsuits were filed at the Court of International Trade during the weeks of July 15-21 and July 22-28:
The Office of Foreign Assets Control’s amendments to its reporting, procedures and penalties regulations are unnecessary, unclear and “overly burdensome” on the U.S. forwarding industry, the National Customs Brokers & Forwarders Association of America said in comments to the agency. The comments stem from OFAC’s June 21 interim final rule on the regulations’ amendments, which expands the scope of certain transactions that must be reported to the Treasury (see 1906200036). The American Association of Exporters and Importers also criticized the amendments, saying they have caused U.S. companies a “great deal of confusion” (see 1907230054).
CBP hopes its Electronic Export Manifest system reduces costs and waiting times for U.S. exporters, who are being burdened by CBP’s “antiquated process for exports,” said Jim Swanson, director of CBP’s Cargo and Security Controls Division, at the agency’s Trade Symposium in Chicago on July 25.
The Court of International Trade on July 22 denied a challenge from a tobacco product importer of CBP’s procedure for weighing its tobacco products, finding the agency’s “indirect method” that included the weight of additives to be legally and scientifically valid.