The following lawsuits were filed at the Court of International Trade during the week of Jan. 24-30:
Drawback
A duty drawback is a refund by CBP of the duties, taxes, or fees paid on imported goods, which were imposed upon importation as prescribed in 19 U.S.C. 1313(d). More broadly, a drawback also includes the refund or remission of other excise taxes pursuant to other provisions of law.
CBP issued the following releases on commercial trade and related matters:
BMW North America is unable to claim substitution unused merchandise drawback on motor vehicles owned and exported by BMW Manufacturing Co., CBP said in a recently released ruling dated Nov. 30. BMW NA planned to "substitute the exported motor vehicles owned by BMW MC for motor vehicles imported and duty paid by BMW NA" and asked for CBP input on whether that is allowed.
The Treasury Department published its fall 2021 regulatory agenda for CBP. The agenda includes a new mention of an interim final rule to implement some major provisions of the USMCA. The agency seems to have missed the listed target date of November 2021 for the interim final rule.
The National Association of Foreign-Trade Zones has long argued that barring goods produced in FTZs from qualifying for USMCA tariff benefits makes no sense, if the goods would otherwise meet rules of origin, and that the restriction puts FTZ production at a disadvantage compared to Mexican and Canadian production.
The Customs Rulings Online Search System (CROSS) was updated Dec. 23. The following headquarters rulings were modified recently, according to CBP:
CBP issued the following releases on commercial trade and related matters:
The Customs Modernization Act draft bill in the Senate is largely a customs enforcement bill, not a customs modernization bill, Sidley Austin attorney Barbara Broussard said in an interview, but she's hopeful that some carrots can be added to the sticks in the current approach. She said traders would really like to be able to file entry summaries monthly or quarterly, similar to the way Customs reconciliation is allowed, rather than having to do entry summaries within 10 days of goods' entrance into commerce. Sen. Bill Cassidy, R-La, recently requested stakeholder input on the draft bill.
International Trade Today is providing readers with the top stories from Oct. 25-29 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The social spending and climate response bill known as Build Back Better has been scaled back to satisfy concerns of two Senate moderate Democrats, and as a result, many of the original pay-fors are gone, including a limitation on tobacco drawback and a plan to tax the nicotine in vaping cartridges.