On September 15, 2011, Federal Maritime Commissioner Michael Khouri spoke at the Annual Meeting of the International Association of Movers on expanding the NRA exemption to foreign NVOCCs and on how recommendations for Fact Finding No. 27 on the international shipment of household goods and personal property can be used to revise regulations on ocean transportation intermediaries (OTIs).
CBP is asking for advance comments on making it easier for a company to use transaction value for post importation adjustments1 between related parties, by broadening its interpretation of what constitutes a “formal transfer pricing policy or formula.” Comments are also sought on whether a post-importation downward adjustment made pursuant to the firm’s transfer pricing policy should be a change to the price paid rather than a rebate. In addition, CBP states it is considering requiring the reconciliation process to be used for declaring these adjusted values.
A listing of recent antidumping and countervailing duty messages posted to CBP's Web site as of September 22, 2011, along with the case number(s) and CBP message number, is provided below. These messages are available by searching on the listed CBP message number at http://addcvd.cbp.gov.
On September 20, 2011, Senator McCaskill (D-MO) introduced S. 15811, a bill to address unfair trade practices such as duty evasion. The bill would create “know your customer” rules for customs brokers, implement improvements to the importer of record database, and permanently eliminate the AD “bonding-in-lieu” provision for new shippers.
The Court of International Trade has ruled against Toyota1 and denied its request to resubmit claims for NAFTA duty drawback on entries of unused automobile service parts imported into the U.S. and later exported to Canada. The CIT found Toyota's drawback methods failed to calculate the average inventory turnover period on a part-specific basis and would have resulted in Toyota receiving drawback for parts imported more than three years before being exported. The CIT also ruled that Customs was not responsible for Toyota's untimely drawback claims and amendments.
In the September 14, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 38), CBP published a notice that proposes to revoke a ruling regarding the tariff classification of certain mechanical liquid dispensing systems.
The International Trade Administration is publishing notices in the September 16, 2011 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, the scope, affected firms, or effective dates will be detailed in another ITT article):
The International Trade Administration is revoking the antidumping duty order on polyethylene terephthalate (PET) film, sheet, and strip from Korea (A-580-807). The ITA will notify U.S. Customs and Border Protection to terminate the suspension of liquidation and collection of cash deposits, effective for subject merchandise with a time of entry on or after October 20, 2010. The ITA is expected to instruct CBP to refund with interest any cash deposits or entries on or after that date. According to the ITA, entries of subject merchandise prior to the effective date of the revocation will continue to be subject to suspension of liquidation and AD duty deposit requirements and the ITA will complete any pending administrative reviews of this order.
U.S. Customs and Border Protection's September 14, 2011 Customs Bulletin (Vol. 45, No. 38) contains 5 notices of ruling actions:
The International Trade Administration is publishing notices in the September 15, 2011 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, the scope, affected firms, or effective dates will be detailed in another ITT article):