The Treasury Department published its fall 2020 regulatory agenda for CBP. The agenda now mentions a proposal to end the de minimis exemption for goods subject to Section 301 tariffs. The proposal was previously disclosed by the Office of Management and Budget (see 2009040026), where it remains under review. Brenda Smith, CBP executive assistant international trade commissioner, recently cited some operational concerns with the idea (see 2011100034).
The Customs Rulings Online Search System (CROSS) was updated Dec. 10. The following headquarters rulings were modified recently, according to CBP:
Golf clubs assembled in Mexico from titanium heads manufactured in Taiwan and carbon fiber shafts from China must be marked products of both, and the value of the shaft is subject to Section 301 tariffs, CBP said in a Dec. 2 ruling. The golf clubs do not undergo a substantial transformation in Mexico nor the required USMCA tariff shift, and both the shaft and head give the golf clubs their essential character, CBP said in ruling HQ H312495, posted to the agency’s ruling database on Dec. 10.
The Coalition for a Prosperous America, a nonprofit allied with President Donald Trump's views on trade, is arguing not to extend exclusions for Section 301 tariffs because companies have had “ample time” to move their supply chains out of China. “Any bemoaning from the import lobby that relies on China should have looked to home first. There are plenty of Americans and American businesses that can fulfill their supply chain needs,” CPA Chairman Dan DiMicco and CEO Michael Stumo wrote to U.S. Trade Representative Robert Lighthizer.
The COVID-19 pandemic's “unprecedented complications” are making it impossible for CBP to be served summonses and complaints by certified or registered mail from many of the thousands of plaintiffs in the Section 301 litigation at the U.S. Court of International Trade, the Department of Justice said Dec. 9 in a motion to adopt alternative procedures for service. Staff in CBP’s chief counsel’s office “have been working under maximum telework conditions,” and some mail “has been returned to the sender as undeliverable,” it said. To resolve the issue, DOJ’s international trade field office “agrees to accept service of these documents on behalf of CBP,” it said. The motion “concerns overall case management of an unusually large volume of cases,” it said. DOJ included a list of 3,659 complaints, covering 193 pages, filed through Dec. 8. All the complaints seek to get the lists 3 and 4A Section 301 tariff rulemakings vacated and the duties refunded.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 30 - Dec. 6:
International Trade Today is providing readers with the top stories from Nov. 30-Dec. 4 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said that he hopes that a technical fixes bill for USMCA can pass this month, but its passage is hung up on whether goods manufactured in foreign-trade zones should be able to benefit from USMCA if those goods meet the rules of origin.
Importers must file protests to preserve their rights to Section 301 tariff exclusions issued after an entry has already liquidated, the Department of Justice said in a motion to dismiss a pair of lawsuits that seek to have the exclusions applied past the protest deadline. CBP’s failure to apply the exclusions was a protestable event, even if the exclusions did not exist at the time, and the Court of International Trade’s jurisdictional scheme means CIT can’t hear cases wherein the importer skipped the protest scheme, DOJ said.
The National Customs Brokers & Forwarders Association of America is urging members to lobby their representatives for a provision that would allow companies to receive refunds for Section 301 duties paid when they learned too late that the product qualified for a tariff exclusion. If an entry had been liquidated before the exclusion was announced, CBP cannot refund the duties paid, even though the exclusions are designed to be retroactive. The group is hoping this provision can be included in the omnibus spending bill that may pass this month, it said.