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321 de minimis

De minimis is a policy described in 19 U.S.C. 1321 that allows the import of low value articles duty and tax free, provided their aggregate fair retail value does not exceed $800 in the country from which the articles are imported.  Additionally, the articles must be imported by only one person on one day. The previous de minimis threshold was $200, but the Trade Facilitation and Trade Enforcement Act of 2015 increased it to $800. Increasing volumes of de minimis merchandise, along with enforcement concerns related to fentanyl and counterfeit merchandise, among other things, have prompted calls to restrict the pathway. De minimis goods may be cleared off manifest, or qualifying goods may be entered under the informal Type 86 entry type.

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CAFC Issues Mandate in Broad Challenge to Section 232 Tariffs
August 26, 2022 |Litigation

The U.S. Court of Appeals for the Federal Circuit issued its mandate in a broad challenge to the Section 232 steel and aluminum tariffs after denying a petition for a full court rehearing. The appellate court previously dismissed the case, led by USP Holdings, in June, unconvinced of the importers' arguments that the Commerce Department in its underlying report was required to find an imminent threat to domestic industry and did not do so (see 2206090047). The appellants filed for the rehearing, citing the Supreme Court's recent decision in West Virginia v. EPA, arguing that the authority to regulate international trade is a "major question" that requires explicit delegation from Congress (see 2207220071) (USP Holdings v. U.S., Fed. Cir. #21-1726).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity
Importer Says CIT Erred in Finding It Can't Prove Date of Discovery in Customs Fraud Case
August 26, 2022 by Jacob Kopnick|Litigation

The Court of International Trade failed to recognize that key facts in a customs fraud case are not in dispute, but if it had, the court "would likely have" come to a different conclusion over when the statute of limitations had run out for the U.S. to bring its case, defendants Greenlight Organic and Parambir Singh Aulakh argued. Filing a motion for rehearing Aug. 25, the defendants said the trade court committed an error when finding that a piece of evidence has to establish fraud for the statute of limitations to begin to run and not merely give allegations of misconduct to the government (United States v. Greenlight Organic, CIT #17-00031).

Topics:Court of International Trade activity, Country of origin cases
CIT Temporarily Blocks Liquidation of Kingtom Entries to Consider Injunction Request
August 22, 2022 |Litigation

The Court of International Trade will put a temporary hold on liquidation of entries of aluminum extrusions imported by Kingtom Aluminio while it considers a preliminary injunction requested by a domestic industry group, it said in an Aug. 18 order (Aluminum Extrusions Fair Trade Committee v. United States, CIT # 22-00236).

Topics:Court of International Trade activity, Country of origin cases, EAPA Litigation