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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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CIT Enters Default Judgment Against Garlic Exporter in Customs Penalty Suit
May 14, 2024 by Jacob Kopnick|Litigation

The Court of International Trade on May 13 entered default judgment against Chinese exporter Cherish Your Health Food Inc. in a customs penalty case. The U.S. brought the suit in October 2023 claiming that the company hadn't paid antidumping duties on five fresh garlic entries imported in 2018-20 (United States v. Cherish Your Health Food, CIT # 23-00230).

Topics:Court of International Trade activity
US Moves for Voluntary Remand in CIT Suit on Section 232 Exclusion Denials
May 13, 2024 by Jacob Kopnick|Litigation

The U.S. moved for a voluntary remand at the Court of International Trade to reconsider its decision to reject importer LE Commodities' requests for exclusions from Section 232 steel and aluminum tariffs. The government said it will "ensure that it appropriately addresses the record evidence" on remand. LE Commodities assented to the remand bid (LE Commodities v. United States, CIT # 23-00220).

Topics:Court of International Trade activity, Country of origin cases, Section 232 Exclusions
CIT Tells Commerce to Supplement the Record in Solar Cell Anti-Circumvention Case
May 10, 2024 by Jacob Kopnick|Litigation

The Court of International Trade last week granted exporter Red Sun Energy Long An Co.'s motion to supplement the record after the company noted the Commerce Department "omitted several critical pieces of information from the official certified copy" of the record in the 2023 anti-circumvention inquiry on solar cells from Vietnam it filed with the court (Red Sun Energy Long An Co. v. U.S., CIT # 23-00229).

Topics:Court of International Trade activity
Treasury Urges Banks to Catch Terrorism-Related Red Flags
May 10, 2024 by Ian Cohen|Top News

The Treasury Department’s Financial Crimes Enforcement Network issued a new advisory this week to alert industry about the ways Iran-backed terrorist organizations are illegally circumventing or using the international financial system to raise, move and spend money. The advisory also includes a list of red flags to help banks and other financial institutions catch suspicious activity that may be linked to those groups.

Topics:OFAC Sanctions Activity, OFAC, Iran Export Controls