The Department of Justice (DOJ) has filed a “master answer” to the massive Section 301 litigation overwhelming the Court of International Trade (CIT). Thousands of complaints and cases are seeking to get list 3 and 4A Chinese tariffs vacated with duties refunded. Complaints have been coming in at the rate of about one a day,…
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The Office of Foreign Assets Control (OFAC) is increasing its maximum civil monetary penalties for the following sanction and recordkeeping violations to account for inflation, effective March 17. Along with the increases, there are several technical changes to “consolidate or shorten” certain citations in OFAC’s regulations. $1,548,075 (previously $1,529,991) for violations of the Foreign Narcotics…
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U.S. Customs Border and Protection (CBP) is planning to add forced labor to its list of “Priority Trade Issues (PTIs),” according to the Commercial Customs Operations Advisory Committee (COAC) Forced Labor Working Group. What are PTIs The PTIs “represent high-risk areas that can cause significant revenue loss, harm the U.S. economy, or threaten the health…
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The European Union has announced on March 5 that it will drop its tariffs on U.S. exports on the Boeing retaliation list. Likewise, the U.S. will suspend its Section 301 tariffs on EU products under the Airbus dispute. These products include wine, liquor, and food. The suspension began immediately and will last for four months. The U.K. already suspended its tariffs on…
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The Court of International Trade (CIT) has issued a decision that the ability to use first sale valuation may not be applicable to transactions involving non-market economies, including China. First Sale for Export is a duty reduction program created to reduce the dutiable value of eligible products imported into the U.S. The Ruling In a…
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The Office of the U.S. Trade Representative (USTR) has announced it will extend Section 301 tariff exclusions on certain imports from China, which include personal protection equipment (PPE) needed to combat the COVID-19 pandemic, through September 30, 2021. USTR has said that the latest tariff exclusion extension covers these goods when entered for consumption, or…
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U.S. Customs and Border Protection (CBP) has published answers to a set of frequently asked questions regarding the withhold release order (WRO) that was issued Jan. 13. The WRO was aimed at cotton and tomato products made with slave labor in the Xinjiang Uyghur Autonomous Region (XUAR). The WRO also includes downstream products produced outside…
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Customs and Border Protection (CBP) has begun to operate under “an informed compliance umbrella.” This comes after penalties were being issued for the “transportation data” minor errors in the Automated Export System (AES) filings. There have been discrepancies with filed dates and ports, which CBP would like to see corrected instead of penalized. Their goal…
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The Customs Trade Partnership Against Terrorism (CTPAT) program regularly emphasizes certain security matters to raise awareness and renew their partners’ caution in supply chain security. U.S. Customs and Border Protection (CBP) issued a CTPAT alert, updated on January 22, 2021, that warns CTPAT members of cyber threats. As many CTPAT members have transitioned to working…
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The Department of Commerce, Census and Department of State have increased the civil monetary penalties for export violations to account for inflation. Regardless of when the violation occurred, it is important to recognize that these new amounts are retroactive and can be charged against each violation. Here is a summary of the penalty increases: The…
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