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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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Could Take Years Before Industry Has Certainty on Net Neutrality Order
March 4, 2015 by Howard Buskirk|Top News

ISPs and other industry players won’t have certainty for many months, possibly several years, on whether the FCC’s order imposing new net neutrality rules will survive a court challenge, FCC and industry officials tell us. While Verizon and MetroPCS led the fight in the courts against the 2010 rules, industry officials predict this time the major trade associations may end up filing the key challenges, especially since Comcast and AT&T both have major transactions pending before the FCC.

Could Take Years Before Industry Has Certainty on Net Neutrality Order
March 4, 2015 by Howard Buskirk|Top News

ISPs and other industry players won’t have certainty for many months, possibly several years, on whether the FCC’s order imposing new net neutrality rules will survive a court challenge, FCC and industry officials tell us. While Verizon and MetroPCS led the fight in the courts against the 2010 rules, industry officials predict this time the major trade associations may end up filing the key challenges, especially since Comcast and AT&T both have major transactions pending before the FCC.

Following Court Rulings on Protest Validity, More Scrutiny of Filings Likely, Says CBP Official
March 3, 2015 by Brian Feito|Top News

Recent rulings from the Court of International Trade mean CBP will be much stricter going forward on what it does and doesn’t consider a valid protest, said Carrie Owens, chief of CBP’s entry process and duty refund branch. Speaking during a panel discussion at the Georgetown Law School International Trade Update conference on Feb. 27, Owens gave a variety of advice on the protest process, including that protests need to follow the form specified by law and regulation and should be as complete as possible to give it the best chance of being approved.

Topics:Court of International Trade
No Room for Paperwork in Future Trade, Say Logistics Officials
February 26, 2015 |Other U.S.

MIAMI -- As countries across the globe move ahead with trade facilitation and modernization initiatives, governments can’t relent in the drive to remove paperwork from all customs and regulatory filing, said several North American and European trade logistics officials at the International Chamber of Commerce and the U.S. Council for International Business symposium on Feb. 23. Automation is indispensable in those initiatives, said the officials.

Topics:Automated Commercial Environment (ACE)
CIT Says Valid Protest Must Meet All Reg Requirements, Dismisses Case on Classification of Rolls Royce
February 24, 2015 |Penalties and Courts

Customs protests must strictly adhere to statutory and regulatory requirements in order to be valid, said the Court of International Trade in a Feb. 23 ruling (here). Even if it’s obvious that a document is intended as a protest, the protest is not valid unless it includes all required information in the prescribed format, said the court as it dismissed a challenge to the classification of an imported Rolls Royce because the underlying protest wasn’t valid.

Topics:Customs duty, Court of International Trade