International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
CBP announced an Enforce and Protect Act investigation on whether CIMC Intermodal Equipment (CIE) evaded antidumping and countervailing duty orders on certain chassis and subassemblies from China, and imposed interim measures, according to a ruling released Aug. 9.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit's recent ruling in Royal Brush Manufacturing v. U.S., which found that CBP violated importer Royal Brush's due process rights by not giving it access to business confidential information in an antidumping and countervailing duty evasion proceeding, "may have broader implications," including on forced labor issues, customs lawyer Lawrence Friedman said in a July 28 blog post. If the decision "applies generally, it may require that" CBP make its record fully available, including BCI, which would be an "interesting unintended consequence" of this Enforce and Protect Act case, Friedman said.
CBP determined that importer Zinus US evaded an antidumping duty order covering wooden bedroom furniture from China by making "material false statements or omissions," it said in a notice released July 28. The agency said there was "substantial evidence" showing Zinus imported Chinese-origin furniture by using general product descriptions and misclassifying the furniture as non-covered merchandise.
CBP violated importer Royal Brush Manufacturing's due process rights by failing to provide it access to business confidential information (BCI) in an antidumping and countervailing duty evasion proceeding, the U.S. Court of Appeals for the Federal Circuit said in a highly anticipated opinion on July 27.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Treasury Department published its spring 2023 regulatory agenda for CBP. There are no mentions of any new trade-related rulemakings, though the agency did move two rules off its agenda to a lower-priority list of planned long-term actions. One of the rules would finalize in the customs regulations the increase of the de minimis level from $200 to $800 under the Trade Facilitation and Trade Enforcement Act of 2015. The other would amend CBP's regulations on disclosure of information regarding merchandise bearing suspected counterfeit trademarks by creating "a procedure for the disclosure of information otherwise protected by the Trade Secrets Act to a trademark owner when merchandise bearing suspected counterfeit trademarks has been voluntarily abandoned."
The lack of disclosure in Enforce and Protect Act evasion proceedings and the deferential standard of review "stack the deck" in favor of the alleger, giving importers "a lot to complain about in the EAPA process," customs lawyer Larry Friedman of Barnes/Richardson said in a July 6 blog post. Even importers who believe they have conducted reasonable due diligence may have serious unexpected liabilities that come out during the investigation, he said.
CBP reversed an evasion determination against Scioto Valley Woodworking, after initially having found that Scioto had imported Chinese wooden cabinets and vanities by transshipment through Malaysia using adverse facts available. Upon review, CBP found the use of AFA was unwarranted and said evidence showed the manufacturer, Alno, could and did produce wooden cabinets and vanities in Malaysia.