The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
USMCA
The U.S.-Mexico-Canada agreement is a free trade agreement between the three countries, also known as CUSMA in Canada and T-MEC in Mexico. Replacing the North American Free Trade Agreement (NAFTA) in 2020, the agreement contains a unique sunset provision where, after six years (in 2026), any of the three parties may decide not to continue the agreement in its current form and begin a period of up to 10 years where USMCA provisions may be renegotiated.
The U.S. filed its initial written submission March 20 in its second panel under the USMCA trade deal over Canada's dairy tariff-rate quotas, arguing that various elements of Canada's TRQ allocation system "remain fundamentally inconsistent with Canada's USMCA obligations," according to a copy of the submission posted by the International Economic Law and Policy blog.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated March 9 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Court of International Trade in a Feb. 13 order granted importer Strato's voluntary dismissal notice without prejudice in its customs case on selective cushioning units. While the U.S. did not serve an answer nor a motion for summary judgment in the case, Strato's counsel discussed with the government's counsel and agreed to voluntarily dismiss the case, the order said (Strato v. United States, CIT # 22-00315).
Washington state-based auto broker BidBuy Auctions settled a customs fraud case with DOJ, agreeing to pay $430,000, the U.S. Attorney's Office for the Western District of Washington announced. The qui tam case saw a former BidBuy employee allege the auto broker lied to CBP about the value of imported vehicles to pay less in duties. As a result of the settlement, the former employee-turned-whistleblower will get 23%, or $98,900, of the $430,000 payment.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a Jan. 25 opinion dismissed a case from J.D. Irving on the Commerce Department's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada. Judge Timothy Reif said that the court did not have subject matter jurisdiction to hear the case under Section 1581(i), the court's "residual" jurisdiction, since jurisdiction would have been available under Section 1581(c), "but for the decision" by parties involved to request a binational panel review of the AD review under USMCA.
The Court of International Trade in a Jan. 25 opinion dismissed a case from J.D. Irving on the Commerce Department's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada. Judge Timothy Reif said that the court did not have subject-matter jurisdiction to hear the case under Section 1581(i), the court's "residual" jurisdiction, because jurisdiction would have been available under Section 1581(c), "but for the decision" by parties involved to request a binational panel review of the AD review under the USMCA. The true nature of the case challenges Commerce's final results in the review and not the cash deposit instructions, the judge said.