News

Update on Periodic Monthly Statement (PMS) Liquidated Damages Claims

The U.S. Customs & Border Protection (“CBP”) Division of the Office of Administration (formerly known as the “National Finance Center”) has recently issued approximately 3000 liquidated damages claims to importers and brokers in connection with Periodic Monthly Statements (“PMS”) where payments were made late.

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Commerce Significantly Changes AD Scope of Interpretation for Petroleum Wax Candles from China

The Department of Commerce (“Commerce”) has issued a final decision that significantly changes its interpretation of the scope of the AD Order covering Petroleum Wax Candles from China. This final decision is further to an August 21, 2009 request for comments regarding the novelty candle exclusions and Commerce’s August 13, 2010 preliminary decision. Under its final decision, Commerce will make the following changes regarding its interpretation of the scope of the Candles AD Order:

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Lead Content Limit for Children's Products to be Reduced to 100 PPM

Pursuant to a Consumer Product Safety Commission (“CPSC”) vote on July 13, 2011, a Federal Register notice will soon be published announcing that children’s products will be required to meet a reduced lead limit of 100 parts per million (“ppm”) as of August 14th, 2011. This limit applies to the lead content of the substrate material in a children’s product (the lead content of paint and similar surface coatings is governed by a different standard).

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CBP Agrees to Cancel PMS Late Filing Claims

The Customs & Border Protection National Finance Center has recently issued liquidated damages claims in connection with Periodic Monthly Statements (“PMS”) where payments were made late. These claims have for the most part been issued against the importers of record who have generally sought to claim against the broker for causing the late payment.

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