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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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U.S. Says It Prevailed, Despite WTO Ruling Against $5.3B in Boeing Subsidies
April 1, 2011 by Barbara Chaves|Top News

On March 31, 2011, a World Trade Organization panel issued a ruling in the long-running dispute brought by the European Union on U.S. subsidization of Boeing. The panel ruled that the U.S. provided at least $5.3 billion in specific subsidies to Boeing from 1989-2006 and ordered the removal of at least $2.7 billion, but rejected certain other EU claims.1

Topics:World Trade Organization (WTO)
Assns Say State Dept's Proposed License Exception STA too Limited
March 29, 2011 by Elizabeth Parker|Exports, OFAC and DoD

The Bureau of Industry and Security received 41 public comments on its December 2010 proposed rule to add a new License Exception Strategic Trade Authorization (STA). Commenters expressed concerns that the proposed exception is too conservative and will not benefit many companies, and provided recommendations for new licensing mechanisms.

CIT Says Liquidation Injunction Remains in Place in 2006-07 Thai Pipe AD Case
March 29, 2011 by Kelly Sly|Penalties and Courts

On February 14, 2011, the Court of Appeals for the Federal Circuit issued a decision upholding the calculation methods of the International Trade Administration in a court remand over an antidumping administrative review of circular welded carbon steel pipes and tubes from Thailand for the period March 2006 - February 2007 (the decision upheld the ITA’s accounting for duty drawbacks on imported components, among other issues). Subsequently the parties to the litigation filed motions to proceed with liquidation of the merchandise, indicating no party intended to appeal the matter further. However, the Court of International Trade ruled that it could not modify the injunction against liquidation that is still in place, until the CAFC formally issues its mandate. (See ITT’s Online Archives or 02/18/11 news, 11021817, for BP summary of CAFC decision upholding duty drawback adjustments for Saha Thai.) (Slip Op. 11-29, dated 03/22/11)

Topics:Court of International Trade, Drawback