The Endless Frontier Act, a massive bill working its way through the Senate that aims to improve the United States' ability to compete economically with China, also addresses a number of issues relevant to importers, including enforcement of the forced labor statute, seizure of counterfeits, and progress on the issues that led to the Section 301 tariffs on Chinese goods.
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.
A flooring system for pig farrowing made of a galvanized steel tribar truss floor is subject to antidumping and countervailing duties on steel grating from China (A-570-947/C-570-948), even when the flooring is imported as part of a pig farrowing crate system, the Commerce Department said in a scope ruling issued May 14.
The Commerce Department May 17 released a notice on its recently initiated antidumping duty investigations on raw honey from Argentina, Brazil, India, Ukraine and Vietnam (A-357-823, A-351-857, A-533-903, A-823-820, A-552-833).
Alvarez & Marsal Taxand hired Michael McGee to lead the consultancy's new Global Trade and Customs practice, it said in a May 12 news release. McGee was previously the global director of International Trade Regulations at BP America. “The political landscape and the pandemic have led to more regulations, increasingly complex tax regimes and the need to redraw supply chains. As a result, there is greater demand for expert tax advisory services, including for global trade and tariffs and duties,” said Ernesto Perez, managing director of the Houston firm. “In line with A&M’s leadership, action, results approach, A&M Taxand is responding to the shifting business environment by expanding and strengthening specialized tax services to maximize value for clients.” A&M said McGee has “expert knowledge of U.S. Customs Law, Department of Commerce Export Administration Regulations, Department of Treasury Office of Foreign Asset Control, and Department of Commerce Antiboycott Regulations.”
An increase in CBP bond increase letters in recent years doesn't seem likely to dissipate anytime soon, International Bond and Marine Brokerage said in a blog post. The increased tariffs during the Trump administration led to more bond notices from CBP (see 1807260011) and during April, "IB&M saw its highest level of monthly bond increases since former President [Donald] Trump was in office," it said. "What does that mean for customs brokers and their importing clients? More of the same we’re afraid," it said. "Higher Tariffs on Chinese merchandise and ensuing Bond Increase letters do not appear to be going away any time soon. We recommend customs brokers advise importers not to simply take the bare minimum bond amount requested on CBP's increase demand letter. We instead recommend importers go with a bond amount based on CBP’s guidance to Forecast the next 12 months of anticipated duties to avoid Bond-Stacking Liability. Customs Brokers should use entry data from CBP and work closely with clients to avoid insufficiency letters, demurrage, unnecessary collateral, cash tie-ups, and additional single entry bond fees."
Trade groups whose members would have to pay foreign digital services taxes and trade groups whose members would have to pay if tariffs are hiked up to 25% on products from the countries imposing DSTs agree that DSTs are wrong and that the government should use all its persuasive power to convince countries like India, the United Kingdom and Spain not to impose these taxes. But the internet trade groups split on whether tariffs are the right tool to convince countries to roll back or never pass DSTs, and retailers and apparel and footwear companies say the tariffs will hurt American businesses and consumers more than the targeted exporters.
CBP will take a look at how it can bring foreign-trade zones into the Customs-Trade Partnership Against Terrorism, Thomas Overacker, CBP executive director-cargo and conveyance security, said April 28 during the virtual National Association of Foreign-Trade Zones spring seminar. “We've committed to explore how we can incorporate FTZs into the CTPAT program,” he said. “We've long considered the documentation and internal controls of your industry as best practices for security and supply chain integrity. It only makes sense that you receive the recognition that you deserve.”
U.S. Trade Representative Katherine Tai heard many bipartisan complaints about the pain of both Section 301 tariffs and Europe's retaliatory tariffs in response to steel tariffs, but stood her ground on both during a hearing in front of a Senate Appropriations subcommittee responsible for funding the Office of the U.S. Trade Representative.
The Customs Rulings Online Search System (CROSS) was updated April 27. The following headquarters rulings were modified recently, according to CBP:
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on organic soybean meal from India (A-533-901/C-533-902). The agency will determine whether imports of Indian organic soybean meal are being sold in the U.S. at less than fair value or are illegally subsidized. Both the AD and CV duty investigations cover entries Jan. 1, 2020, through Dec. 31, 2020.