The lack of disclosure in Enforce and Protect Act evasion proceedings and the deferential standard of review "stack the deck" in favor of the alleger, giving importers "a lot to complain about in the EAPA process," customs lawyer Larry Friedman of Barnes/Richardson said in a July 6 blog post. Even importers who believe they have conducted reasonable due diligence may have serious unexpected liabilities that come out during the investigation, he said.
The ability to import low-value packages without paying duties is a benefit to consumers and businesses, the U.S. Chamber of Commerce and other trade groups that use de minimis are arguing, as they lobby against bipartisan efforts to curtail de minimis eligibility.
The top Democrat on the House Ways and Means Committee has reintroduced a bill eliminating Chinese shippers' eligibility for de minimis, keeping the ban on China, and adding a requirement that remaining de minimis shipments include at a minimum: a description; an HTS code; a country of origin, shipper, importer; and a U.S. value. The new version also dropped language around sections 232 and 301 tariffs in the previous version.
The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Customs modernization legislation should not just offer new tools for CBP to stop unlawful trade is the argument from the U.S. Chamber of Commerce and a dozen other groups involved in importing and exporting. The groups have 18 asks, laid out in a detailed five-page paper they sent to the leaders of the committees that will shape the bill.
The International Trade Commission recently released Revision 6 to the 2023 Harmonized Tariff Schedule, which added subheading 9903.88.68. The subheading extends exclusions for a variety of medical products from 7.5% and 25% Section 301 tariffs under subheadings 9903.88.01, 9903.88.02, 9903.88.03, and 9903.88.15 if entered between June 1 and October 1, 2023, as announced by the U.S. Trade Representative in May (see 2305120054).