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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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CBP Begins New EAPA Investigation Into Plywood Importers
November 28, 2018 by Tim Warren|Top News

CBP's Trade Remedy Law Enforcement Directorate is investigating several new cases of alleged plywood antidumping and countervailing duty evasion under the Enforce and Protect Act (EAPA) evasion enforcement process (see 1608190014), CBP said in a Nov. 20 notice that was released by law firm Wiley Rein. The investigation is focused on five companies that were alleged to be involved in transshipment and false declarations of Chinese hardwood plywood. "Because the evidence thus far establishes a reasonable suspicion that the Importers have entered merchandise into the United States through evasion, CBP has imposed interim measures," the agency said.

CBP Reverses Port Rejection of NAFTA Preference Claim That Used DIS
November 26, 2018 by Tim Warren|Top News

The Port of Laredo should not have rejected a claim for preferential treatment under NAFTA based on the use of the Document Image System, CBP said in the Sept. 14 ruling HQ H300353. The 1520(d) NAFTA preference claim -- also known as a 520(d) claim -- was filed by BASF Corporation in 2017, but the port rejected the claim because CBP stopped accepting DIS in support of protest submissions filed through ACE. BASF filed an application for further review of protest and noted CBP had not provided information on the requirements specifically for post-import NAFTA claims.

Topics:Customs duty, Automated Commercial Environment (ACE), CBP CROSS Rulings
Aluminum Association Questions Section 232 Exclusion Decisions
November 14, 2018 by Mara Lee|Commerce Dept.

The changes to the Section 232 aluminum exclusion process described in an interim final rule from the Commerce Department have not yet improved the process, The Aluminum Association said in its comments submitted Nov. 13 on that interim final rule. Decisions have only been made on about 20 percent of the published exclusion requests, and there are still requests published six months ago that haven't gotten an answer. "While the number of requests, objections, rebuttals and sur-rebuttals in the aluminum docket are far lower than the steel docket, the requests -- as well as objections and rebuttals -- are still difficult to monitor" because there's no adequate tracking system. Users can't search on HTS code, country of origin or the type of alloys -- they have to open every single file, the trade group noted.

Topics:Customs duty, Section 232 Tariffs