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).
CBP is committing to using HAP International's TRACE ID program, following a "successful" technical assessment of the "shipment-level traceability data" it provides, the company announced Oct. 7. CBP is "taking steps towards" a formal Memorandum of Agreement with the company to use the program that provides "detailed product-level traceability information" before shipments arrive in the U.S., the company said.
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 Commerce Department’s Bureau of Industry and Security posted 95 requests for inclusions of new tariff subheadings under 50% Section 232 tariffs on steel and aluminum derivatives. Comments on the inclusion requests are due in 14 days, on Oct. 21, and the postings also kick off a 60-day period for BIS to consider the requests.
The Bureau of Industry and Security posted more requests for new products to be included as derivatives subject to Section 232 tariffs on steel and aluminum products. The release of the requests starts a two-week comment period for the potential inclusions, with comments on each due Oct. 21.
Chris Duncan, former partner at Stein Shostak, has joined Squire Patton in the international trade and foreign investment practice group in the firm's Los Angeles office, the firm announced. Prior to joining Stein Shostak, Duncan worked for 16 years at CBP as a senior attorney, most recently holding the position of assistant chief counsel in San Francisco. Duncan works on a host of customs issues, including on classification, Section 301 tariffs, valuation, country of origin and marking rules, the firm said.
The Industry Alliance for Trade EnforcementNOW, a new coalition, is asking the administration and Congress to make changes in trade enforcement to aid domestic manufacturers.
On Oct. 3, the FDA posted new and revised versions of the following Import Alerts on the detention without physical examination of:
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.
Sen. Rick Scott, R-Fla., asked Commerce Secretary Howard Lutnick and U.S. Trade Representative Jamieson Greer to expand trade actions started with the Section 232 investigation on pharmaceuticals, so that they cover generic drugs and the active pharmaceutical ingredients and key starting materials in those medicines.