CBP extended the commented period to Sept. 28 on an existing information collection for the Automated Clearinghouse, it said in a notice. CBP proposes to extend the expiration date of this information collection with no change to the information collected or to the estimated burden hours associated with the collection.
A recent CBP ruling "suggests an increase in scrutiny" of transactions that involve the use of first sale for export (FSFE) and "flash title" transfers, PricewaterhouseCoopers said in a note. CBP in the ruling considered multiple scenarios and found that related manufacturer and a middleman can't be considered "bona fide sales" for "first sale" appraisement purposes (see 1706300039). "While much of the ruling rested on what CBP viewed as the ambiguity and shortfalls of the submitted documentation, importers using or considering FSFE should closely review their agreements to analyze whether terms of sale are sales and risk of loss terms, to seek to steer clear of issues or facts similar to those raised by CBP in the ruling, and to align sales terms and documentation with their business and tax strategies," PwC said.
CBP released its Aug. 30 Customs Bulletin (Vol. 51, No. 35). While it does not contain any rulings, it does include recent CBP notices and Court of International Trade opinions.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Aug. 25, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at http://adcvd.cbp.dhs.gov/adcvdweb.
CBP is suspending commercial trade operations at Port Arthur, Houston Seaport, Houston Airport, and the ports of Galveston, Freeport and Corpus Christi on Aug. 28 due to Hurricane Harvey, it said in a CSMS message. The agency is granting “local closure day” to all who file entries at these ports, “extending an additional day, without penalty, for any entry summaries and payments of duties” due Aug. 28, it said. CBP also granted a “snow day” on Aug. 25 for filers of entries and entry summaries at the Port of Corpus Christi, allowing one additional day without penalty, it said in another CSMS message.
FDA will on Sept. 1 cease sending electronic messages on entries filed in the legacy Automated Commercial System, CBP said in a CSMS message. “After September 1, 2017, any status changes for FDA ACS entries/lines will be solely communicated via official Notices of FDA Action or other written communication from the FDA Import Division responsible. Electronic messaging will continue for entries submitted to FDA through ACE,” it said.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Aug. 24, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at http://adcvd.cbp.dhs.gov/adcvdweb.
CBP issued the following releases on commercial trade and related matters:
The country of origin of tablet computers made in Vietnam and programmed with proprietary software in the U.S. is Vietnam for government procurement purposes, CBP said in a final determination. Downloading the proprietary software onto Vivify Health’s Mobile and Hub Platform tablets, which allows them to function with the Department of Veterans Affairs healthcare network, does not substantially transform the tablets, CBP said. “After the Vivify Health Pathways software is downloaded, the country of origin of the imported tablets remains the country where they were originally manufactured, which in this case is Vietnam,” it said.
The countries of origin for several pharmaceuticals processed into dosage form in India are several countries in the European Union and Taiwan, where the active ingredients were made, CBP said in a final determination. The processing in India does not result in a change in name or use, nor does a change in character result because each maintains the same chemical and physical properties both before and after the Indian processing, CBP said. As a result, the agency found that “the country of origin of the meloxicam tablets is Italy for purposes of U.S. Government procurement, that the country of origin of the bimatoprost ophthalmic solution is Taiwan for purposes of U.S. Government procurement, that the country of origin of the niacin ER tablets is Belgium or Switzerland for purposes of U.S. Government procurement, that the country of origin of the calcium acetate capsules is the Netherlands for purposes of U.S. Government procurement, that the country of origin of the quinine sulfate capsules is Germany for purposes of U.S. Government procurement, and that the country of origin of the pravastatin sodium tablets is Taiwan for purposes of U.S. Government procurement,” it said.