CBP published notices in the Customs Bulletin revoking or modifying numerous rulings in 2019. These ruling revocations and modifications also apply to “any treatment previously accorded by CBP to substantially identical transactions.” When revoking or modifying a ruling, CBP is required by 19 USC 1625(c) to publish notice of the proposed action, and allow a period—generally one month—for comment before finalizing the action. An importer’s failure to advise CBP of “substantially identical transactions” or of a ruling not identified by CBP in these notices “may raise issues of reasonable care on the part of the importer or its agents for importations of merchandise subsequent to the effective date of this notice.” Rulings CBP revoked or modified in 2019 are as follows:
The following is a selection of articles that appeared in International Trade Today in 2019 covering ruling letters. CBP frequently publishes rulings months after they are issued, so these articles are included based on the dates the articles were published, rather than the date the ruling letter was issued.
The Customs Rulings Online Search System (CROSS) was updated on Jan. 28. The following headquarters rulings not involving carriers were modified on Jan. 27 or 28, according to CBP:
International Trade Today is providing readers with some of the top stories for Jan. 21-24 in case they were missed.
The Presidential Proclamation establishing new Section 232 tariffs on finished goods of steel and aluminum and the annexes detailing the covered goods is scheduled for publication in the Federal Register on Jan. 29. The new 10 percent tariffs on aluminum goods and 25 percent tariffs on steel goods are set to take effect on Feb. 8 (see 2001250003).
When the new 25 percent Section 232 tariffs go into effect on finished steel products, approximately $800 million in goods will be affected, according to International Trade Commission data for the last full year of imports. That does not include more than $100 million in imports from South Korea, Mexico and Canada that will be exempt from the new policy.
The Commerce Department's Bureau of Industry and Security posted the two annexes from the recently announced expansion of Section 232 tariffs on goods made from steel and aluminum. The annex for aluminum products lists six subheadings covering types of wire and automobile stampings. The annex for the steel products includes four subheadings that cover types of nails, tacks and automobile stampings.
Importers and domestic producers are waiting to find out which steel and aluminum finished products will be hit with 25 percent and 10 percent tariffs, respectively (see 2001250003), because the administration said tariffs on the raw materials that make those products have not benefited domestic producers enough.
Despite resumed talk about tariffs on European autos, U.S. Chamber of Commerce officials say they are heartened by the first signs of progress in months for trade talks between the European Union and the United States. Marjorie Chorlins, the Chamber's senior vice president of European affairs, said with a new team at the European Commission, and the positive comments after the meeting in Davos, Switzerland, between President Donald Trump and EC President Ursula von der Leyen, the business community is feeling new hope for an improvement in relations. The officials spoke during a Jan. 24 conference call.
A class action lawsuit filed at the Court of International Trade Jan. 16 could result in billions of dollars in refunds to all importers that have paid Section 232 tariffs on steel products, though its chances of success are still unclear, and any payment is a long way off, lawyers say.