The National Customs Brokers & Forwarders Association of America, in a conference session preparing its members for a day lobbying on Capitol Hill, said that the NCBFAA is not arguing for or against a de minimis restriction proposal from Senate Finance Committee Chairman Sen. Ron Wyden, D-Ore. The proposal would require all goods entering in de minimis to be classified with a 10-digit Harmonized Tariff Schedule code and would bar apparel, footwear and other "import-sensitive" goods from eligibility.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
While a top CBP official didn't give any specifics on how many brokerages were suspended from a pilot that allows electronic clearance of de minimis packages (see 2405310054), he told attendees at an annual National Customs Brokers & Forwarders Association of America conference not to "be afraid of that enforcement," as the brokers who were suspended were so lax that there wasn't even anything that the companies could argue about with CBP.
USDA's Animal and Plant Health Inspection Service is making changes to its list of Harmonized Tariff Schedule codes the agency plans to implement Phase VII of the Lacey Act provisions.
The Committee for the Implementation of Textile Agreements is adding a two-way stretch woven polyester, rayon, spandex fabric to the "short supply list" in Annex 3.25 of the Dominican Republic-Central America-U.S. Free Trade Agreement for items not commercially available in a timely manner, it said in a notice. CFI Textiles requested the additions in August. The fabric, classifiable under Harmonized Tariff Schedule subheading 5515.11.00, is being added in unrestricted quantities. Under short supply provisions of CAFTA-DR, fibers, yarns and fabrics listed in Annex 3.25 are provided with tariff preferences under the trade agreement.
When filing unused merchandise drawback claims, companies can select the unit of measure they want to use for calculating per unit averaging where two units of measure are provided on the entry summary, provided that companies keep two conditions, according to a recent CROSS ruling issued by CBP.
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 19-25, Aug. 26 - Sept. 1, Sept. 2-8:
CBP implemented on Sept. 4 a nationwide rejection of vague descriptions in Air Cargo Advance Screening (ACAS). The agency won't issue rejections during a 30-day warning period that runs through Oct. 6. Rejections will be effective Oct. 7, CBP said in a Sept. 5 cargo systems message.
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."
Digital security cameras mounted as doorbells fall under the Harmonized Tariff Schedule heading governing TV cameras and video camera recorders, according to three separate CBP rulings issued June 21 and publicly released last week.
The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.