The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Senate Democrats would like to increase funding for CBP's Office of Trade by $10 million to better identify and prevent entry of goods made with forced labor, and an additional $10 million for trade enforcement, including the 21st Century Framework initiative, enforcement of safeguard and sections 232 and 301 tariffs, and going after online counterfeiting.
International Trade Today is providing readers with the top stories from Oct. 11-15 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
RANCHO MIRAGE, California -- Lawyers are seeing a rise in cases filed against customs brokers for failing to meet their fiduciary duties, said Cameron Roberts, a Roberts & Kehagiaras trade attorney. Many of the cases involve importers who allege their brokers didn’t correctly advise them about issues related to forced labor, Section 301 tariffs and certain agriculture imports, he said. “All of these issues are being put at the foot of the broker,” Roberts said, speaking during the Oct. 15 Western Cargo Conference.
RANCHO MIRAGE, California -- Lawyers are seeing a rise in cases filed against customs brokers for failing to meet their fiduciary duties, said Cameron Roberts, a Roberts & Kehagiaras trade attorney. Many of the cases involve importers who allege their brokers didn’t correctly advise them about issues related to forced labor, Section 301 tariffs and certain agriculture imports, he said. “All of these issues are being put at the foot of the broker,” Roberts said, speaking during the Oct. 15 Western Cargo Conference.
The Office of the U.S. Trade Representative clarified that 80 products covered by COVID-19-related Section 301 exclusions (see 2109270031) are also part of the broader question of extending formerly granted Section 301 exclusions (see 2110070041). The office said that this review is based on different factors than the pandemic-related extension, "and may result in different effective dates. Accordingly, interested persons that commented on a product pursuant to the notice on extending exclusions for COVID-related products may also wish to submit comments for the product pursuant to the notice on possible reinstatement of China Section 301 exclusions."
The following lawsuits were recently filed at the Court of International Trade:
Electric scooters, known has hoverboards, were assessed duties under the wrong Harmonized Tariff Schedule subheading upon entry into the U.S., importer 3BTech said in an Oct. 15 complaint at the Court of International Trade. Kicking off litigation in its customs battle, 3BTech argued that even if CBP's HTS subheading of choice is correct, the products were granted Section 301 China tariff exclusions (3BTech, Inc. v. United States, CIT #20-00159).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade has jurisdiction to hear a case over CBP's failure to issue full Section 301 refunds, importer FD Sales Company argued in an Oct. 8 reply brief. Although CBP "approved" the importer's protest covering 60 entries seeking the refunds, FD Sales argued that the protest was effectively denied when CBP failed to fully grant the refunds, thus giving CIT jurisdiction under Section 1581(a) (FD Sales Company, LLC v. United States, CIT #21-00224).