Judges at the U.S. Court of Appeals for the Federal Circuit pressed counsel for importer Blue Sky the Color of Imagination and the government during oral argument on Oct. 7 in the importer's customs classification suit on its notebooks with calendars. During the argument, Judges Alan Lourie, Raymond Chen and William Bryson grappled with whether the court is bound by its 2010 ruling in Mead v. U.S. and whether the goods are properly classified as calendars or diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
Sen. Ron Wyden, the top Democrat on the Senate Finance Committee, asked Commerce Secretary Howard Lutnick to defend his assessment that "adequate systems were in place to 'fully and expeditiously process and collect duties for articles otherwise eligible for duty-free de minimis treatment on a global basis'" by July 30.
In the Oct. 1 Customs Bulletin (Vol. 59, No. 40), CBP published proposals to modify or revoke ruling letters concerning the tariff classification of men’s outerwear jackets from China.
A sterling silver bracelet that underwent production in the U.S. before being shipped to India to undergo additional processing is still considered as having U.S. origin and is thus exempt from duties, CBP recently ruled in NY N350026.
Given the White House's focus on trade enforcement, Customs rulings have become a way for importers to ensure they are following trade regulations appropriately.
Pfizer announced that, after agreeing to expand manufacturing and change its pricing strategy, its imported drugs will not be tariffed.
Tariff preferences for sub-Saharan African countries and two of the three tariff preference programs for Haiti ended Oct. 1. In a hallway interview at the Capitol, Senate Finance Chairman Mike Crapo, R-Idaho, said that he "would love to [renew both] retroactively."
CBP expects to continue to implement new Section 232 tariffs should the government shutdown persist past the effective date of any new tariffs, officials said on an Oct. 1 call with the trade to discuss the government shutdown. CBP also plans to implement expected tariffs, such as the ones for lumber and furniture that take effect Oct. 14, without delays.
U.S. Trade Representative Jamieson Greer said that while the administration doesn't expect to lose its tariff case at the Supreme Court, "wherever we end up," the approach will be similar to what it is now.
The case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.