CBP created Harmonized System Update (HSU) 2404 on June 4, containing 44 Automated Broker Interface (ABI) records and 13 Harmonized Tariff Schedule records. The update includes a partner government agency Harmonized Tariff Schedule flag indicator update, extensions to Section 301 exclusions (see 2405240068), and an update noting the continued suspension of the 25% Section 232 tariffs under subheadings 9903.81.82, 9903.81.83, 9903.81.84 on steel and derivative steel products imported from Ukraine.
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.
Electrolux filed petitions May 30 with the Commerce Department and the International Trade Commission requesting new antidumping duties on large top mount combination refrigerator-freezers from Thailand. Commerce will now decide whether to begin AD investigations.
U.S. importer Water Pik will avoid Section 301 duties on its electromechanical oral hygiene devices from China after arguing that CBP should have classified them under a different Harmonized Tariff Schedule subheading (Water Pik v. United States, CIT # 23-00083).
CBP's Acting Commissioner Troy Miller said the agency "has suspended multiple customs brokers from participating in the Entry Type 86 Test after determining that their entries posed an unacceptable compliance risk," and that it will continue to take action against those who "abdicate their customs compliance responsibilities." The statement also said: “Any broker that has been suspended will be considered for reinstatement if it demonstrates to CBP that it has developed and implemented a remedial action plan."
The Court of International Trade on May 31 said that a duty drawback claim becomes deemed liquidated after one year if the underlying import entries are also liquidated and final, with finality defined as the end of the 180-day window in which to file a protest with CBP.
The Animal and Plant Health Inspection Service plans to begin its seventh phase of enforcement of Lacey Act import declaration requirements on Dec. 1, it said in a notice that includes a list of tariff provisions included under phase seven and seeks comments on product coverage.
The following lawsuits were filed at the Court of International Trade during the weeks of May 13-19 and May 20-26:
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on high chrome cast iron grinding media from India (A-533-930/C-533-931). The AD investigation covers entries April 1, 2023, through March 31, 2024, and the CVD investigation covers entries Jan. 1 through Dec. 31, 2023.
Failures in import compliance were revealed in the Senate Finance Committee's report on two auto companies' imports of parts or cars containing parts made by a company on the Uyghur Forced Labor Prevention Act entity list (see 2405200009). But the report also exposed a weakness in CBP's ability to detect goods that should be detained under UFLPA, finding that Jaguar Land Rover imported spare parts that included LAN transformers made by a Chinese company on the entity list and only one manufacturer removed from the finished product.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on alkyl phosphate esters from China (A-570-168/C-570-169). The CVD investigation covers entries Jan. 1 - Dec. 31, 2023. The AD investigation covers entries Oct. 1, 2023, through March 31, 2024.