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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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Trade Agency Decisions Expected to Face More Scrutiny After Recent Supreme Court Ruling
July 12, 2019 |Penalties and Courts

A recent Supreme Court case on courts' deference to federal agencies will likely result in tougher legal scrutiny of trade policies made by the Commerce Department, CBP and other agencies that affect trade, said Devin Sikes, a lawyer at Akin Gump. Sikes wrote that the U.S. Court of International Trade and federal appeals courts will be doing deeper reviews of federal agencies' trade regulations that could have ambiguity. "Federal agencies operating in the international trade arena likewise will need to more fully explain their reasons for interpreting a regulation in a particular way," Sikes wrote. "These agencies may no longer assert ambiguity based on the regulation’s terms and expect deference from the courts. Expect an increase in the number of challenges filed contesting an agency’s interpretation of its own regulations."

Trade Agency Decisions Expected to Face More Scrutiny After Recent Supreme Court Ruling
July 11, 2019 |Penalties and Courts

A recent Supreme Court case on courts' deference to federal agencies will likely result in tougher legal scrutiny of trade policies made by the Commerce Department, CBP and other agencies that affect trade, said Devin Sikes, a lawyer at Akin Gump. Sikes wrote that the U.S. Court of International Trade and federal appeals courts will be doing deeper reviews of federal agencies' trade regulations that could have ambiguity. "Federal agencies operating in the international trade arena likewise will need to more fully explain their reasons for interpreting a regulation in a particular way," Sikes wrote. "These agencies may no longer assert ambiguity based on the regulation’s terms and expect deference from the courts. Expect an increase in the number of challenges filed contesting an agency’s interpretation of its own regulations."

Comments Show Proposal to Incorporate Currency Distortions in CVD Cases Is Controversial
July 3, 2019 by Mara Lee|Top News

Nearly 50 organizations, individuals and countries weighed in with the Commerce Department on its proposal to incorporate an analysis of currency distortion in countervailing duty cases (see 1905240035). Some lawyers and organizations said that the proposal cannot survive a World Trade Organization challenge, that there is no consensus on how to determine government-influenced currency distortion, and that the respective responsibilities of Treasury and Commerce in the proposed rule is not clear.

Topics:Customs duty, Court of International Trade, World Trade Organization (WTO)
Commerce Finds Deadline for Scope Ruling Lawsuits Runs From Physical Mailing, Not Email
July 2, 2019 |Penalties and Courts

The 30-day deadline for lawsuits challenging Commerce Department scope rulings is triggered only by physical mailing by post, and not by email, the Court of International Trade said in a July 1 decision that also sustained Commerce’s determination that aluminum pallets made of 6-series alloys are covered by antidumping and countervailing duties on aluminum extrusions from China.

Topics:Customs duty, Court of International Trade, Manifest Confidentiality