In an August 14, 2019 Notice of Proposed Rule Making, U.S. Customs and Border Protection (“CBP”) announced its intent to increase requirements on licensed customs brokers to verify the identity of the importers with whom they transact. CBP reports that each year, approximately 350,000 importers actively engage with CBP through almost 2,100 licensed customs
Federal Circuit Squeezes Customs’ Wrench Classification
In a recent opinion, the United States Court of Appeals for the Federal Circuit affirmed the US Court of International Trade’s (CIT) determination of the classification of certain hand tools imported by Irwin Industrial Tool Company (“Irwin”) as “pliers” over US Customs and Border Protection’s (“Customs”) classification of the tools as “wrenches.”
The tools
CIT Leaves No Doubt that Ban on Certain Mexican Fish is Effective Immediately
In a recent opinion, the United States Court of International Trade (CIT) upheld its categorical ban of the importation of fish and fish products caught with gillnets in the habitat of the critically endangered vaquita, off the coast of Mexico.
In a July 26, 2018 Order, the CIT granted a preliminary injunction sought by
Section 232 Steel and Aluminum Tariffs: Product-Specific Exclusions
On March 19, 2018, the Department of Commerce published procedures for product-specific exclusions from the Section 232 tariffs on steel and aluminum products, and has begun to accept exclusion requests. Each exclusion request will be available for public comment for 30 days after filing. After the 30-day public comment period, the Department of Commerce will
Section 232 Steel and Aluminum Tariffs: Country-Wide Exemptions
On March 8, 2018, the President of the United States issued two Presidential Proclamations announcing the imposition of tariffs on imported steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. This law allows the President to impose additional tariffs on imports when national security is impacted.
The proclamations impose worldwide
Rubber Bands from China, Sri Lanka, and Thailand: New Antidumping and Countervailing Duty Petitions
On January 30, 2018, the Alliance Rubber Co. filed antidumping (“AD”) and countervailing duty (“CVD”) petitions on rubber bands from China, Sri Lanka, and Thailand. The petitioner alleges that the subject merchandise from these countries is being sold in the U.S. at less than fair value. The petitioner also alleges the governments of China, Sri
Chemical Duties: Federal Circuit Affirms Decision of U.S. Court of International Trade
In a customs classification case, Chemtall, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit affirmed a U.S. Court of International Trade (“CIT”) ruling that the vinyl polymer acrylamide tertiary butyl sulfonic acid was properly classified under the Harmonized Tariff Schedule of the United States (“HTSUS”).
The Federal Circuit was
CBP Holds That Roasting Changes Coffee’s Country of Origin
In a recently issued Final Determination, U.S. Customs and Border Protection (CBP) confirmed that the roasting of coffee beans substantially transforms the beans into a product of the country in which the beans were roasted.
Coffee producer Keurig Green Mountain (“Keurig”) requested the determination as to the country of origin assignment to green coffee
Santa Claus Costume Classified as “Fancy Dress” for Import Duty
Just in time for the holiday season, the U.S. Court of International Trade (“CIT”) recently held that certain components of a Santa Claus suit were of such quality that they should be subject to apparel duties, not the free duty assessed on costumes and other “festive articles.”
The articles at issue were imported by Rubies
Gray Market Distributor Challenges CBP’s Grant of Protection to Duracell
In a recent post, we discussed the lawsuit brought by battery behemoth Duracell against a company that it was importing “gray market” versions of its copper-topped products. In that action, Duracell has argued that the warranty that comes with its U.S. batteries is ten times longer than the warranty that comes with the batteries