March 2024

Customs and Trade News Weekly Snapshot

Foremost, our hearts are with those affected by the Francis Scott Key Bridge collapse in Baltimore. This sobering event serves as a poignant reminder of the fragility inherent in our robust trade and transportation systems. In these trying times, we are deeply grateful for the unsung heroes who tirelessly work behind the scenes, ensuring the continuity of global trade. 

 Customs and Border Protection (CBP)  

  • CBP released the February 2024 monthly operational update. Highlights: 
    • Processed more than 2.6 million entry summaries 
    • Identified $6.5 billion to be collected  
    • Stopped 540 shipments for further examination based on suspected use of forced labor 
    • Issued 6,622 emergency action notifications for restricted and prohibited plant and animal products entering the United States  
  • CBP announced a partnership with the Food and Drug Administration (FDA) to expand the focus of the Global Business Identifier (GBI) Test. 
    • The expanded test will explore how identifiers could be leveraged to enable coordination and harmonized decision making across the U.S. government. 
  • Officers in Cincinnati recently seized […]
By |2024-03-29T15:49:18-04:00March 29, 2024|Snapshot|0 Comments

UFLPA Enforcement Update

At CBP’s 2024 Trade Facilitation and Cargo Security Summit (“the Summit”) this week, panelists shared some pending developments in Uyghur Forced Labor Prevention Act (“UFLPA”) enforcement. The UFLPA establishes a rebuttable presumption that the importation of any goods mined, produced, or manufactured, wholly or in part, in the Xinjiang region of China, or produced by an entity on the UFLPA Entity List, is prohibited under U.S. forced labor law.

Panelists indicated that “more than 10” new entities would be placed on the Entity List in the coming months. The government has received criticism regarding the relatively low number of entities on the Entity List since the UFLPA was enacted in June 2022. While “more than 10” is still a relatively low number, given that the current Entity List is comprised of just 30 entities, ten-plus new entities would represent a significant increase.

Panelists also announced that new high-priority sectors for UFLPA enforcement would be identified in the near future. Currently, only cotton, tomatoes, and polysilicon are officially listed as high-priority sectors. Panelists re-affirmed that the Forced Labor Enforcement Task Force (“FLETF”) – an interagency team led by the Department of Homeland Security – uses reports from Non-Government Organizations (NGOs), reporting from journalists, letters from Congress, and other sources to identify additional potential high-priority sectors. Panelists also appeared to agree that polyvinyl chloride (“PVC”), fish, and aluminum – sectors that have recently been tied to Uyghur forced labor in NGO and media reporting – were likely candidates for designation as high-priority […]

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade news:              

Customs and Border Protection (CBP)  

  • CBP issued cybersecurity incident procedures guidelines for brokers. 
    • The guidance explains the process and roles and responsibilities of CBP and the brokerage community on how to facilitate the importation, entry, and entry summary process, in the event of a cybersecurity incident affecting a broker.  
  • CBP easter egg advisory: CBP reminds the traveling public that cascarones (confetti-filled eggshells) are restricted to quantities of 12 per passenger. 
    • Cascarones are a restricted commodity by CBP in order to prevent further spread of Newcastle Disease and Highly Pathogenic Avian Influenza (HPAI) through contaminated eggshells.  
  • CBP seized 280 toddler travel beds and baby playpens for Consumer Product Safety Act violations.  The China-based shipment was appraised at a domestic value of about $11,000.  
  • CBP extended import restrictions on certain archaeological and ecclesiastical ethnological material from Honduras.  
  • CBP released a final rule shifting the […]
By |2024-03-22T11:22:03-04:00March 22, 2024|Snapshot|0 Comments

Breaking Trade News: New AD and CVD Petition Filed on 2,4-Dichlorophenoxyacetic Acid from China and India

On March 14, 2024, Corteva Agriscience LLC filed a petition for the imposition of antidumping and countervailing duties on imports of 2, 4-Dichlorophenoxyacetic (2, 4-D) acid from China and India.

2, 4-D is the active ingredient in many products used in the United States and throughout the world as an herbicide to kill weeds on land and in water.

Identified importers include:

  • Helena Industries LLC (China)
  • Nufarm Americas Inc. (China)
  • PBI-Gordon Corporation (China)
  • Gharda Chemicals (India)
  • Atul USA, Inc. (India)

The full list of identified exporters and producers can be viewed here.

The alleged dumping margins are:

  • China: 143.73%
  • India: 62.66%

The proposed scope language includes the 2, 4-D component of any derivative products of 2, 4-D including amine salt and ester forms.

The Commerce Department will determine whether to initiate the investigations within 20 days. The United States International Trade Court (USITC) will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports 2, 4-D to pay close attention to this case to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

 

 

Ford Motor Company Settles Claims Relating to Under-Valued Vehicles for $365M

Ford Motor Company has agreed to pay $365 million for allegedly misclassifying and understating the value of hundreds of thousands of vehicles.

According to the Department of Justice, Ford engaged in a scheme to avoid higher duties by misclassifying cargo vans. Between 2009 and 2013, the company imported Transit Connect cargo vans into the United States but presented them to Customs and Border Protection (CBP) with temporary seats and other features to make them appear to be passenger vehicles. The seats were never intended to carry passengers and Ford removed them as part of post-importation processing. The inclusion of the seats allowed Ford to avoid paying the 25% duty rate for cargo vehicles and instead they paid a duty rate of just 2.5%.

This case dates back to February 2012 when the Port of Baltimore advised Ford it was initiating an investigation into Ford’s classification practices. (Typically, prior to investigating an entity, CBP sends a request for information first. For more information on how this process typically begins read “Now, More than Ever, Be Wary of and Responsive to a CBP Form 28!”).

In 2013 Customs determined that the vans were improperly classified and liquidated the vehicles at the 25% duty rate. Ford protested, and Customs denied the protest. Ford then filed a complaint with the U.S. Court of International Trade (CIT). The CIT agreed with Ford, finding that Ford engaged in legitimate tariff engineering. The government appealed to the United States Court of Appeals for the Federal Circuit where […]

By |2024-03-15T14:49:39-04:00March 15, 2024|Import, penalty|0 Comments

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