Felicia Pullam, executive director of trade relations at CBP, defended the administration's proposal to end de minimis eligibility for goods subject to Section 301 tariffs as workable, arguing that charging a $2 fee per de minimis package will allow the agency to hire more staff to screen for contraband, and pushing back on industry arguments that collecting tariffs on low-value packages costs the agency more than that revenue.
Customs duty
A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.
The Court of International Trade on Oct. 7 sent a customs classification dispute on truck steps to a bench trial after finding that the undisputed facts are insufficient for conducting a principal use analysis on whether the products are "side protective attachments." Judge Jennifer Choe-Groves held that while a Section 301 exclusion for "side protective attachments" is a principal use provision, and not a provision for an individual product, the court can't at this time properly assess the imports at issue under a principal use framework.
CBP is clarifying how the ACE Entry Type 86 Test governing de minimis shipments applies to customer returns under Chapter 98 of the Harmonized Tariff Schedule of the U.S., according to an Oct. 4 cargo systems message. The agency said a Chapter 98 classification is not applicable if using the Section 321 duty exemption under Type 86. The merchandise would still enter duty-free under Type 86, but the consignee will be subject to the $800/day de minimis limit, CBP said. "Filers should assess whether filing under the Entry Type 86 or filing a formal or informal entry under Chapter 98 is more advantageous when processing returns, as both are permissible," it said.
Sandler Travis managing partner Lenny Feldman said that CBP decided to delay an ACE validation for de minimis shipments to a recipient that would exceed $800 a day, because "they realized when this hits, there's going to be a significant amount of cargo that's going to be above the threshold."
Texas-based syringe importer Retractable Technologies took to the Court of International Trade to contest the 100% increase of Section 301 tariffs recently imposed on needles and syringes from China. The complaint is seeking a temporary restraining order and a preliminary injunction against the duties, claiming that the tariffs could send the company out of business (Retractable Technologies v. United States, CIT # 24-00185).
The Commerce Department's International Trade Administration Committee for the Implementation of Textile Agreements (CITA) has published a new 12-month cap on duty- and quota-free benefits for imports of apparel articles assembled in beneficiary sub-Saharan African countries using regional and third-country fabric.
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.
As the House Ways and Means Committee discusses moving toward a proposal closer to the Senate Finance Committee chairman's bill to restrict de minimis, the top Republican on the Finance Committee is not publicly opposing the core ideas of that bill -- removing apparel and footwear from eligibility from all countries, and not allowing goods subject to Section 301 tariffs to enter duty-free.
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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.