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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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Importer Stipulates Dismissal of Customs Case on Metal Tubing
February 10, 2025 by Jacob Kopnick|Litigation

Importer Shamrock Building Materials filed a stipulation of dismissal in its customs case at the Court of International Trade on Feb. 7. The importer brought the suit to contest CBP's classification of its electrical metallic tubing finished conduit and intermediate metal conduit under Harmonized Tariff Schedule subheading 7306.30.1000 or 7306.30.5028, dutiable at 25%. The company said the products should fall under duty-free subheading 8547.90.0020. Counsel for Shamrock didn't respond to a request for comment (Shamrock Building Materials v. United States, CIT # 21-00571).

Topics:Court of International Trade activity
BIS Denial Order Targets Florida Freight Forwarder, Others Exporting to Russia
February 7, 2025 by Ian Cohen|Top News

The Bureau of Industry and Security revoked the export privileges of a Florida-based freight forwarding company, the company’s owner and five other businesses for illegally shipping export controlled items to Russia as recently as last year, according to a BIS temporary denial order and court documents.

Topics:Bureau of Industry and Security (BIS), Export Control Classification Number (ECCN)
US Says No 1581(c) Jurisdiction Over Unpublished Decision Not to Start CCR on AD/CVD Orders
February 6, 2025 by Jacob Kopnick|Litigation

The U.S. moved to dismiss importer Houston Shutters' case at the Court of International Trade filed under Section 1581(c) against the Commerce Department's "unpublished determination not to initiate a changed circumstances review." The government said the decision not to start the CCR isn't a decision listed under either 19 U.S.C. § 1516a or 1517, either of which would give the trade court jurisdiction under 28 U.S.C. 1581(c) (Houston Shutters v. United States, CIT # 24-00175).

Topics:Court of International Trade activity