News

Potential For Significant Duty Refunds For Apparel And Footwear

An issue is being developed in the U.S. Court of International Trade (“CIT”) which, if successful, may provide your company with an opportunity to obtain duty refunds. A test case has already been filed by one importer with respect to glove importations, but litigation will be required with respect to other commodities in order to secure refunds.

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Failure To Properly Report Product Origin Can Result In Substantial Penalties

You would think that as globalization continues to expand, the identity of the source and origin of the product would be of diminishing interest. Putting consumer preferences or lack of them aside, the US government wants to know where imported goods are made, and what processes are performed in the country of origin. Failure to properly report "origin" can result in substantial liability. Likewise, a US exporter or seller can also run afoul of these origin requirements.

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Reimbursement Certifications Customs Changes Policy Regarding Antidumping Reimbursement Certificates

REIMBURSEMENT CERTIFICATIONS
IMPORTER ALERT
CUSTOMS CHANGES POLICY REGARDING
ANTIDUMPING REIMBURSEMENT CERTIFICATES

Importers of merchandise subject to an antidumping duty order are required to file a statement with U.S. Customs certifying that they have not entered into any agreement or understanding with the manufacturer, producer, seller, or exporter, for the payment or refund of all or any part of the antidumping duties assessed on the imported merchandise. Importers must certify, under penalty of Customs fraud, that they are not being reimbursed for any applicable antidumping duties. Customs headquarters issued a memorandum on November 18, 2005 containing new reimbursement certificate guidelines.

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Important Reminder: Importers Must File "Reimbursement" Certificates For All Entries Subject To An Antidumping Duty Or Countervailing Duty Investigation/ Order ("03" Type) Prior To Liquidation

Customs and Border Protection ("CBP") Headquarters has advised CBP ports of entry:

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