Senate Finance Committee ranking member Ron Wyden, D-Ore., raised concerns Thursday about what he views as Republican-backed efforts to attach the Marketplace Fairness Act (S-976) to the FY 2018 omnibus spending bill. S-976 and House companion Remote Transactions Parity Act (HR-2193) would allow states to collect sales taxes from companies even if they have no physical presence in the state (see 1704280036). The omnibus was also viewed as a potential vehicle for passing the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), FAA authorization renewal and other priorities (see 1802270055, 1803010056 and 1803060046). “I'm extremely concerned to hear Congressional Republicans are plotting to sneak” S-976's language into the omnibus, Wyden said in a statement. “Apparently voting for a Republican representative in Congress is voting to allow New York and California to tax Oregonians, Pennsylvanians and Texans. If passed, this would create an underground, nationwide, privatized tax-collecting bureaucracy. This is particularly shocking as only two years have passed since” then-President Barack Obama signed the 2016 Trade Facilitation and Trade Enforcement Act, which made permanent the Internet Tax Freedom Act (see 1602240069). Wyden was one of several lawmakers who filed an amicus brief last year urging the Supreme Court not to review the South Dakota v. Wayfair online sales tax case while Congress decides how to legislate on the issue (see 1712080050). The high court accepted the case with oral argument slated for April 17.
Senate Finance Committee ranking member Ron Wyden, D-Ore., raised concerns Thursday about what he views as Republican-backed efforts to attach the Marketplace Fairness Act (S-976) to the FY 2018 omnibus spending bill. S-976 and House companion Remote Transactions Parity Act (HR-2193) would allow states to collect sales taxes from companies even if they have no physical presence in the state (see 1704280036). The omnibus was also viewed as a potential vehicle for passing the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), FAA authorization renewal and other priorities (see 1802270055, 1803010056 and 1803060046). “I'm extremely concerned to hear Congressional Republicans are plotting to sneak” S-976's language into the omnibus, Wyden said in a statement. “Apparently voting for a Republican representative in Congress is voting to allow New York and California to tax Oregonians, Pennsylvanians and Texans. If passed, this would create an underground, nationwide, privatized tax-collecting bureaucracy. This is particularly shocking as only two years have passed since” then-President Barack Obama signed the 2016 Trade Facilitation and Trade Enforcement Act, which made permanent the Internet Tax Freedom Act (see 1602240069). Wyden was one of several lawmakers who filed an amicus brief last year urging the Supreme Court not to review the South Dakota v. Wayfair online sales tax case while Congress decides how to legislate on the issue (see 1712080050). The high court accepted the case with oral argument slated for April 17.
The Court of International Trade granted a motion for default judgment against a food importer, Rupari Food Services, and said the company owes "$2,784,636.18, plus post-judgment interest," in a March 9 opinion. That amount is based on the CBP penalty claim against the importer prior to Rupari filing for Chapter 11 bankruptcy protection. The decision follows another CIT decision in the same case that said bankruptcy protections don't apply to Section 592 penalty cases (see 1708110027).
CBP may face a legal challenge of its decision not to allow accelerated payment on drawback claims filed under the Trade Facilitation and Trade Enforcement Act until it issues its TFTEA drawback regulations (see 1801260036), said a customs lawyer and a drawback consultant speaking during the International Trade Update conference on March 9 in Washington.
A U.S. cigar distributor may have committed import violations and be liable for more than $3 million in unpaid excise taxes even though it did not act as importer of record on the underlying shipments, the Court of International Trade said in a March 7 decision. Denying Good Times’ motion to dismiss the case, partly because Maverick actually imported the cigars, CIT found that Good Times may have controlled the transaction and fraudulently “introduced” the goods in violation of 19 USC 1592.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 26 - March 4:
An importer facing stiff penalties for an alleged antidumping duty evasion scheme can’t bring in a customs lawyer as an expert witness to testify that it exercised “reasonable care,” the Court of International Trade said in a March 2 decision. Whether Univar’s conduct met the “reasonable care” standard is a legal question, and inviting the customs lawyer to testify on that issue would be improperly taking that decision away from the judge and jury, CIT said.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 19-25:
The outlook for FirstNet to change the communications landscape for first responders remains uncertain even as construction gets underway, David Furth, deputy chief of the FCC Public Safety Bureau, told the Consumer Advisory Committee Monday. CAC focused largely on public safety and robocalls, with recorded remarks from Chairman Ajit Pai. Furth said interoperable communications among first responders historically varies by region. “It is very difficult to impose a top-down solution when it comes to interoperability,” he said. “It usually has to be developed from the bottom up.”
International Trade Today is providing readers with some of the top stories for Feb. 20-23 in case they were missed.