CBP released its Jan. 25 Customs Bulletin (Vol. 51, No. 4) (here). While it does not contain any rulings, it does include recent CBP notices and Court of International Trade opinions. CBP issued a notice on its receipt of a "Lever-Rule" protection application from Duracell for bulk packaged and foreign retail packaged batteries intended for sale outside the U.S. Duracell would like CBP to stop importation of the products intended for sale in countries outside the U.S., known as gray market products. CBP will grant such protection, which is known as Lever-Rule protection, if it finds the parts are physically and materially different from the products intended for sale in the U.S., it said. CBP also granted "Lever-Rule" protection to Abbott Laboratories for "blood glucose testing strips" products with Abbott trademarks “FREESTYLE,” “FREESTYLE LITE,” or “DESIGN ONLY (BUTTERFLY DESIGN).” As a result, CBP will stop importation of the company's testing strips intended for sale in countries outside the U.S.
The updates to the Harmonized Tariff Schedule that took effect Jan. 1 (see 1701050035) and changed the HTS codes for multilayered wood flooring don't affect the applicability of antidumping orders on such products from China, the International Wood Products Association said in a Jan. 26 email. Antidumping orders are based on the written language of the scope and any HTS codes provided "aren't directly associated," the IWPA said. Even so, "a number of brokers are apparently running into problems because the ACE system hasn’t been updated to recognize the new entry codes," the trade group said. Asked about the issue, CBP told the IWPA "ACE will accept entry lines filed with HTS numbers that are not yet in the AD/CVD case reference file HTS tab," according to the IWPA. "Filing the entries as such WILL NOT create a reject. An informational message is all that will be sent back to the broker. It will allow entry as a type 03 with the case number added. If no case number is added then it will not allow a type 03 entry."
CBP issued the following releases on commercial trade and related matters:
CBP will extend the comment period on regulatory changes to implement the Centers of Excellence and Expertise, the agency said in a notice (here). The interim final rule took effect on Jan .19 (see 1612190014), but CBP will now accept comments until March 20 "to have as much public participation as possible in the formulation of the final rule," it said. CBP already has received some comments on the changes (see 1701250019).
CBP issued the following releases on commercial trade and related matters:
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Jan. 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.
The Customs Rulings Online Search System (CROSS) was updated Jan. 24 (here) with 35 rulings. The most recent ruling is dated Jan. 17.
CBP provided some details on the coming changes to drawback filing as part of the Trade Facilitation and Trade Enforcement Act of 2015 (see 1603010043), in a new newsletter (here). The changes, which will take effect Feb. 24, 2018, were " long-sought over the past decade by both CBP and the trade," CBP said. The law strengthens "the drawback legal framework and CBP’s ability to more accurately and objectively administer drawback," it said. CBP is developing new regulations on the drawback overhaul (see 1606070040), which will also include a one-year grace period that will allow for claims to be filed either through the legacy or updated program. CBP said it plans to provide monthly updates through the newsletter.
CBP and ICE signed an agreement on Jan. 20 to form the San Juan Trade Enforcement Coordination Center, CBP said in a news release (here). The center "will initially focus on identifying violations in the areas of misclassification, under evaluation, free trade zone fraud, free trade agreement fraud, transshipment, trade-[based] money laundering and broker compliance," it said. The agreement provides for increased communication and information-sharing about foreign imports and commercial fraud investigations relating to both civil and criminal violations, CBP said. The center is the 10th such center around the U.S. (here).
CBP issued the following releases on commercial trade and related matters: