News

Burma Set to Become Eligible under GSP

On September 14, 2016, President Obama issued Proclamation No. 9492 designating Burma (Myanmar) as a beneficiary developing country under the Generalized System of Preferences (GSP).

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CAFC Affirms Otter Decision on Phone Covers

On August 24, 2016, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an important opinion affirming the U.S. Court of International Trade’s (CIT) decision in Otter Products, LLC v. United States, 70 F.Supp. 3d 1281 (Ct. Int’l Trade 2015).  The CIT had held that two styles of smartphone covers were classifiable as other articles of plastic under subheading 3926.90.99, HTSUS, dutiable at 5.3%, and had rejected Customs’ claim that the covers were classifiable as “similar containers” under subheading 4202.99.90, HTSUS, dutiable at 20%.

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Customs Enforcement Programs on the Horizon

A number of importers have received compliance letters from Customs. These letters identify a number of Customs Informed Compliance Publications, and remind importers of their obligation to exercise reasonable care in preparing and filing their customs entries.

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CBP Issues New Regulations on AD/CVD Evasion Investigations

U.S. Customs and Border Protection (“CBP”) has published “interim” regulations detailing a new framework and legal procedures for investigating potential evasion of antidumping (“AD”) and countervailing duty (“CVD”) liability. 

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Changes to ISF Enforcement

On June 17, 2016, Customs announced that for shipments that are on the water on or before June 30, 2016, CBP ports will no longer be required to send requests for liquidated damages claims to Headquarters for review, and the “three-strikes” approach to liquidated damages claims against importers’ bonds will also end.  There is no change to cargo holds for ISF non-compliance.  Ports have the authority to both hold cargo and initiate liquidated damages claims.

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