The Court of International Trade on Feb. 26 issued an amended decision in a customs case on the tariff classification of five categories of chrome-plated plastic automobile parts after initially deciding the case Dec. 18. The new decision adds a discussion of axle covers, the fifth category of goods, finding them to fall under Harmonized Tariff Schedule heading 8708 pursuant to General Rule of Interpretation 1.
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 CBP headquarters official, chosen to help shape national policy on de minimis, said that while the trade community welcomed the opportunity for electronic clearance of packages that require partner government agency review, importers are often not following the reasonable care standard required for Type 86 entries. The Type 86 test is for packages that are low enough value to avoid duties under the de minimis statute, but are not eligible for de minimis because they contain goods that PGAs inspect. If importers participate in the test -- and there were more than 623 million packages last fiscal year that were covered -- they must provide a 10-digit Harmonized Tarff Schedule code.
Boiled garlic cloves that are individually frozen and imported by Export Packers Company are subject to an antidumping duty order on fresh garlic from China, the Commerce Department said in a Feb. 21 scope ruling. Although frozen garlic has a different chemical composition than fresh garlic and is used in different recipes, it's not different enough to fall into the order’s exclusion for garlic subjected to further heat processing, the department said.
Mohamed Daoud Ghacham, executive at California-based clothing wholesale company Ghacham Inc., was sentenced to 48 months in prison for undervaluing garment imports to avoid paying customs duties, the U.S. Attorney's Office for the Central District of California announced Feb. 23. In addition, the Bell, California, resident will pay close to $6.4 million in restitution after pleading guilty in December 2022 to conspiracy to "pass false and fraudulent papers through a customhouse."
The Commerce Department issued a notice in the Federal Register on its recently initiated countervailing duty investigations on paper plates from China and Vietnam (C-570-165, C-552-840), and is set to publish a notice in the coming days on its antidumping duty investigations on paper plates from China, Thailand and Vietnam (A-570-164, A-549-849, A-552-839). The CVD investigations on China and Vietnam and the AD investigation on Thailand cover entries for the calendar year 2023. The AD investigations on China and Vietnam cover entries made July 1, 2023, through Dec. 31, 2023.
Robert Stein, former executive at supply chain logistics firm Mohawk Global, has joined Braumiller Consulting Group as vice president, according to his LinkedIn announcement. Stein said he will be working on foreign-trade zone, duty drawback, import/export compliance, Harmonized Tariff Schedule classification, customs valuation and free trade agreement matters.
CBP granted an importer's protest that an automatic aerosol dispenser is classified as an appliance part, rather than as an appliance itself, in a recently released ruling.
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
A Florida husband and wife were each sentenced to 57 months in prison on Feb. 14 for illegally avoiding customs duties and violating the Lacey Act on between $25 million and $65 million worth of plywood products, DOJ announced. Noel and Kelsy Hernandez Quintana also were ordered to pay, "jointly and severally, $42,417,318.50 in forfeitures, as well as $1,630,324.46 in storage costs incurred by the government" after the couple "declined to abandon" the plywood seized by the government, DOJ said.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet March 6 remotely and in person in Charleston, South Carolina, CBP said in a notice. Comments are due in writing by March 1.