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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 Gives Parties 2 Weeks to File Motions in Customs Case on Fish Oil
March 15, 2024 by Jacob Kopnick|Litigation

The Court of International Trade on March 14 gave parties in a customs case filed by importer BASF Corp. an extra two weeks to file dispositive motions. BASF filed a consent motion on March 13 after fact and expert discovery wrapped up to give the parties more time to prepare a "statement of undisputed material facts." BASF added that its counsel has other cases before the court and federal agencies, requiring the extension (BASF Corp. v. United States, CIT Consol. # 13-00318).

Topics:Court of International Trade activity, Country of origin cases
Swiss Watch Importer Argues Its Watches Have Precious Metal Cases, Are Classifiable as Such
March 14, 2024 by Kathryn Nucci|Litigation

In a long-delayed motion for summary judgment in a case that began in 2018, a Swiss watch importer argued that CBP had relied on the wrong definitions of "watch crystal” and “watch case” when it misclassified its entries at a higher duty rate (Ildico Inc. v. U.S., CIT #s 18-00136, -00076).

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, Harmonized Tariff Schedule, CBP CROSS Rulings
CBP Finds Evidence That Importer Evaded Order on Aluminum Extrusions From China
March 11, 2024 by Noah Garfinkel|AD/CVD

CBP found substantial evidence that Minth Mexico Coatings (MMC) evaded antidumping and countervailing duty orders covering aluminum extrusions from China. CBP, in an Enforce and Protect Act notice of determination dated Feb. 27, said that MMC imported the aluminum extrusions from Chinese suppliers and transshipped them through Mexico, failing to declare the automotive parts as subject to the AD/CVD orders.

Topics:Tariff classification rulings, Country of origin cases