International Trade Today is providing readers with some of the top stories for Aug. 14-18 in case they were missed.
CBP posted draft recommendations from the Commercial Customs Operations Advisory Committee (COAC) e-commerce working group on Section 321 entries ahead of the COAC meeting on Aug. 23 in San Diego. The recommendations "are intended to improve the import process from a facilitation and enforcement perspective for section 321-eligible shipments across all modes of transportation," the working group said. CBP issued an interim final rule on the de minimis level last year and raised a number of questions on the role of other agencies' requirements for such shipments (see 1608250029).
M&B Metals, which filed antidumping duty evasion allegations against Eastern Trading NY, is pleased with CBP's findings in the agency's final determination (see 1708170027), M&B President Milton Magnus said in an email. "CBP did an excellent job during the preliminary phase of the investigation, making on-site visits, and communicating with the importer," he said. "Then during the final stage, they did an outstanding job of connecting the dots, and tracing the shipments from China to Thailand and then to the US. I believe CBP has always been anxious to enforce our Dumping Order, but without the Enforce and Protect Act (EAPA), there was not a process in which to work. EAPA is extremely important to ensure that our Dumping Orders are enforced; giving our company and our employees the relief we worked so hard to obtain." Magnus also praised the work of the company's lawyers in the case, Frederick Waite and Kimberly Young at Vorys.
CBP's Trade Remedy and Law Enforcement Directorate is investigating several new cases of alleged antidumping duty evasion under the Enforce and Protect Act (EAPA) evasion enforcement process (see 1608190014), CBP said in an Aug. 17 news release. The agency announced new investigations into possible evasion of AD duty orders on wooden bedroom furniture (WBF) and steel wire hangers. CBP also announced an investigation into alleged evasion of a diamond sawblades AD order. The Diamond Sawblades Manufacturers' Coalition, which filed the allegation, previously announced the investigation (see 1706280035).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 7-13:
A surety is on the hook for $2.2 million in uncollected duties even though the underlying bonds had missing information and errors, the Court of International Trade said in a decision issued Aug. 10. Hartford Fire Insurance argued the bonds violated customs regulations and were not enforceable contracts, but the court found those errors didn’t invalidate them, especially given that Hartford accepted premiums and submitted the bonds to CBP.
Chapter 11 bankruptcy does not protect importers from Section 592 penalty claims filed by the government at the Court of International Trade, CIT said in a decision issued Aug. 10. While judicial claims are generally paused during bankruptcy to give the debtor a chance to repay debts or reorganize, Section 592 penalty claims are exempt from those protections because they are meant to protect public welfare and serve a public policy purpose, CIT said.
The following lawsuits were filed at the Court of International Trade during the week of July 31 - Aug. 6:
International Trade Today is providing readers with some of the top stories for July 31 - Aug. 4 in case they were missed.
A U.S. district court entered two injunctions prohibiting the importation and sale of certain toys and children’s products until safety measures are implemented, the Justice Department announced Aug. 4. The injunctions follow a June 21 DOJ filing of civil actions, requested by the Consumer Product Safety Commission, at the U.S. District Court for the Eastern District of New York against three New York-based companies, alleging importation of children’s products containing lead, phthalates and “small parts posing a choking hazard” for children under 3 years old. CPSC found that the defendants in both cases imported products in violation of the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA).