Trade groups representing importers of motor vehicles are asking the Interagency Autos Committee to advocate for allowing used cars made during the NAFTA years to enter duty free if those vehicles qualified for NAFTA benefits, and to make it easier to prove that cars built since July 1, 2020, qualify for USMCA tariff benefits.
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 U.S. District Court for the Southern District of New York on Jan. 26 declined to dismiss a False Claims Act suit from a whistleblower that alleges her employer misclassified footwear to avoid tariffs. Magistrate Judge Robert Lehrburger said the fact none of the defendants served as the importer of record for the allegedly undervalued footwear imports is irrelevant for purposes of establishing liability under the FCA (United States ex rel. Devin Taylor v. GMI USA Corp., S.D.N.Y. # 16-7216).
An analysis of how the stricter rule of origin for auto imports has been implemented -- including the unprecedented labor value content element -- praised coordination among the Office of the U.S. Trade Representative, the Labor Department, CBP and other agencies with expertise, but noted that final regulations have been held up because the U.S. has not reached a final resolution in the dispute it lost at a USMCA panel.
The Court of International Trade on Jan. 30 said that for drawback purposes the 10-digit Harmonized Tariff Schedule subheadings should be read starting with their directly adjacent text and not the superior indented text. Judge Claire Kelly said the "plain meaning" of the statute governing substituted unused merchandise drawbacks refers to the "words describing the article adjacent to the 10-digit number."
The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
After members of Congress were blindsided by the Office of the U.S. Trade Representative backing away from digital trade advocacy, they are taking no chances in spelling out their desire that the agency push for a continued moratorium on tariffs on digital goods. The World Trade Organization has renewed that moratorium since 1998, but some member countries want to start collecting duties on the sale of streaming movies, software as a service, and more.
An importer's entries are subject to Section 232 tariffs because the vessel arrival date transmitted in ACE by the ship's captain came after the tariffs took effect on June 1, 2018, despite the importer's claim -- backed by different documentation -- that the goods actually arrived in port and had a date of entry prior to that date, CBP said in a recent ruling.
The chairman and ranking member of the House Select Committee on China asked the commerce secretary and the U.S. trade representative to use "all existing trade authorities" to hike tariffs on Chinese legacy chips, including those already incorporated into consumer goods, they said in an emailed news release.
CBP will on Feb. 15 begin deactivating some Section 232 exclusions when they reach 95% of capacity, addressing concerns in a recent Government Accountability Office report that duties were going unpaid because the agency was letting importers exceed their exclusion limits (see 2307210064).
Action camera maker GoPro Inc.'s camera housings are camera parts and not cases, the Court of International Trade ruled Dec. 28, allowing them to enter the U.S. duty-free.