CBP will soon begin rejecting ACE filings for products that fail to comply with certain organic import filing requirements under the USDA’s Strengthening Organic Enforcement final rule, which requires electronic National Organic Program import certificates for organic agricultural products (see 2403190066 and 2301180051). CBP has been issuing warnings for those filings since new USDA organic enforcement regulations became effective March 19, but the agency said in a June 24 CSMS message that the warning will change to a reject in ACE’s certification environment on June 28 and in ACE’s production environment on Sept. 19.
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.
CBP created Harmonized System Update (HSU) 2409 on June 26, containing 261 ABI records and 79 Harmonized Tariff Schedule records. "This update also includes the addition of HTS 9903.45.29 for Section 201 Bifacial Exclusions," CBP said in a CSMS message. "Additional communication with further details, information and guidance on Section 201 bifacial exclusions is forthcoming."
In a bill that Republicans say is "rightsizing agencies and programs," the division of the Commerce Department that handles antidumping and countervailing duties administration would be cut by 5.7% -- $7 million -- from the current fiscal year. The bill also proposes cutting funding of the Office of the U.S. Trade Representative by 8.1% -- $6 million -- from current spending. The International Trade Commission, which manages changes to the Harmonized Tariff Schedule code, provides independent analysis crucial to the AD/CVD process, and manages the Miscellaneous Tariff Bill product nominating process, would get a 5.7% cut, $7 million less than current spending.
A "back to basics" webinar on de minimis presented by CBP, which was watched by more than 1,900 in the trade community, didn't elaborate on the suspensions of customs brokers from Type 86, though CBP official Felicia Pullam said the agency has heard "a lot of concern in the trade community about this enforcement."
The official proclamation implementing an announcement in mid-May on changes to the 14.25% tariffs on imported solar panels and the tariff rate quotas on imported cells was issued by the White House on June 21.
USDA has determined the total amounts of WTO tariff-rate quotas for raw cane sugar and certain sugars for FY 2025. The agency established that from Oct. 1, 2024, to Sept. 30, 2025, the in-quota aggregate quantity of raw cane sugar will be at 1,117,195 metric tons raw value (MTRV), while the FY 2025 in-quota aggregate quantity of certain molasses (or refined sugar) will be at 232,000 MTRV. USDA's notice will be effective on June 14, the date that it will be published in the Federal Register.
CBP created Harmonized System Update (HSU) 2406 on June 12, containing 7 Automated Broker Interface (ABI) records and 2 Harmonized Tariff Schedule records. The update includes an update to the Partner Government Agency (PGA) flag indicator (FD3) for FDA in support of the PGA message set, and it includes new Section 301 exclusions under subheading 9903.88.69 for articles of China that were extended from June 15, 2024, through May 31, 2025.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on disposable aluminum containers, pans, trays, and lids from China (A-570-170/C-570-171). The CVD investigation covers entries Jan. 1 - Dec. 31, 2023. The AD investigation covers entries Oct. 1, 2023 - March 31, 2024.
The following lawsuits were filed at the Court of International Trade during the week of June 3-9:
A U.S. producer seeks the imposition of new antidumping and countervailing duties on imports of vanillin from China, it said in petitions filed June 5 with the Commerce Department and the International Trade Commission. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders on vanillin. Solvay USA requested the investigations.