CBP should put in place an "informed compliance" policy for holds on previously filed in-bond shipments that prohibit their subsequent export, given the lack of automated notifications of those holds to the filer, according to comments that the National Customs Brokers & Forwarders Association of America submitted to CBP last week.
CBP proposes to replace the Type 86 process for low-value packages with an "enhanced entry process," requiring a few more data elements than the 10 currently required. Like the Type 86 test, and providing the additional data in exchange for quicker release will continue to be voluntary.
Reps. Tom Suozzi, D-N.Y., and Neal Dunn, R-Fla., introduced a bill to change the scope of packages eligible for de minimis. No bill text was available Jan. 10 from Suozzi's office, but former Rep. Earl Blumenauer, D-Ore., said before he retired that Suozzi would be taking over his push to curtail de minimis.
The U.S. District Court for the Southern District of New York on Jan. 3 dismissed a False Claims Act suit against Amazon, which alleged that the online retail giant conspired with Chinese manufacturers to avoid paying fees and tariffs on fur products. Judge Edgardo Ramos held that importer Henig Furs, the company that brought the suit on behalf of the U.S., failed to adequately allege that Amazon knowingly violated the FCA or was engaged in a conspiracy to violate the statute (United States, ex rel. Mike Henig v. Amazon.com, S.D.N.Y. # 19-05673).
The country of origin for Corning Optical Communications’ fiber optic cables is France, and as such, the cables aren't subject to Section 301 measures even though part of the manufacturing process occurred in China, a CBP ruling released earlier this month said.
The Court of International Trade on Jan. 8 denied the government's bid for default judgment against importer Rayson Global and its owner and CEO Doris Cheng in a customs penalty case, with Judge Timothy Stanceu taking issue with the U.S. claim for a monetary penalty totaling nearly $3.4 million.
Textile industry representatives questioned the logic of the Section 301 investigation on Nicaragua's human rights and labor rights violations, arguing that while they deplore the despotism of Nicaragua's leaders, none of the actions burden or restrict U.S. commerce. Rather, if the government were to decide that Nicaragua's violations merited the withdrawal of tariff benefits for its apparel exports, that action is what would burden U.S. commerce.
CBP issued the following releases on commercial trade and related matters:
The U.S. Court of Appeals for the Federal Circuit on Jan. 8 heard oral argument in the massive Section 301 litigation, primarily probing the litigants' positions regarding how to interpret the term "modify" in the statute and whether the statute allows the U.S. trade representative to impose duties in response to retaliatory measures from China (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The International Trade Commission posted the 2025 Basic Edition of the Harmonized Tariff Schedule. The new HTS implements a variety of 10-digit-level changes for fruits and vegetables, chemicals and other products. Changes were effective as of Jan. 1 unless otherwise noted.