The U.S. last week filed a civil complaint against Florida importer Repwire, along with its manager Jose Pigna and insurer American Alternative Corp., alleging that the company made false statements to customs officials when it imported aluminum wire, to avoid customs duties (see 2409110061). In an accompanying news release, DOJ alleged the importer misrepresented the wire's "classification code and country of origin" through gross negligence or negligence.
Customs Duty
A Customs Duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs Duty Rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight.
The administration rebranded two pending rulemaking processes and revived one that was abandoned in 2021 to address the compliance risks of de minimis shipments as well as shrink the volume of direct-to-consumer imports.
CBP has a "reasonable suspicion" that Fort Lauderdale-based JBS Trading is evading antidumping duties on xanthan gum from China ( A-570-985), it said as it annnounced that the company is under an Enforce and Protect Act investigation. The agency alleges that when JBS Trading imported China-origin xanthan gum into the U.S., it undervalued them at the time of entry, thereby failing to pay adequate cash deposits associated with the AD order, according to a Sept. 13 release.
Monishkumar Kirankumar Doshi Shah, who owned jewelry companies in New York City , pleaded guilty Sept. 10 to leading a scheme to "illegally evade customs duties for more than $13.5 million of jewelry imports" into the U.S., the U.S. Attorney's Office for the District of New Jersey announced. Shah, a resident of Jersey City, New Jersey, and Mumbai, also admitted to illicitly processing over $10.3 million through an "unlicensed money transmitting business."
The Court of International Trade on Sept. 9 rejected importer Katana Racing's renewed motion to dismiss the govenrment's action against it seeking over $5.7 million in unpaid duties on passenger vehicle and light truck tires from China, after the U.S. Court of Appeals for the Federal Circuit reversed the trade court's previous dismissal of the case. In her first opinion since being confirmed to the court, Judge Lisa Wang said the U.S. didn't fail to properly identify the "person" liable for the violation, exhaust administrative remedies or bring the case on time (U.S. v. Katana Racing, CIT # 19-00125).
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."
The House of Representatives will not be voting on a de minimis restriction as part of its "China week," according to a list of 31 bills published by its leadership Sept. 3. House Speaker Mike Johnson, R-La., had said in July that he expected changes to de minimis to be part of the package (see 2407080049).
The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet Sept. 18 remotely and in person in Washington, D.C., starting at 1 p.m. EDT, CBP said in a notice. Comments are due by Sept. 13.
CBP will grant Lorte Technologies, Inc.'s protest on the tariff classification of its pulse oximeters from China, according to a June 18 decision posted by CBP on Aug. 19. The agency ruled that, even though part of the pulse oximeters could fall under the classification for tachometers, considering the whole instrument would place the oximeters under a different classification category for medical instruments.