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Customs duty

A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.

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CAFC Issues Mandate After Order Requiring Protest for Retroactive Section 301 Duty Exclusions
January 23, 2024 by Jacob Kopnick|Litigation

The U.S. Court of Appeals for the Federal Circuit on Jan. 22 issued its mandate in a pair of cases seeking to retroactively apply Section 301 tariff exclusions. In the suits, the appellate court sustained the dismissal of the cases for a lack of subject matter jurisdiction, finding that a protest must have been filed with CBP to properly effectuate relief. The Court of International Trade initially said jurisdiction was not to be had under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had a protest been filed (see 2209060035). The Federal Circuit affirmed, finding that the true nature of the suits contests CBP's assessment of the duties and not the U.S. Trade Representative's decision to grant an exclusion, even though the exclusions were granted after the deadline for filing a protest had lapsed (ARP Materials v. United States, Fed. Cir. # 21-2176) (The Harrison Steel Castings Co. v. United States, Fed. Cir. # 21-2177).

Topics:Court of International Trade activity
CAFC Invites US to Respond to Petition for Rehearing in Suit on Revocation of Safeguard Exclusion
January 23, 2024 by Jacob Kopnick|Litigation

The U.S. Court of Appeals for the Federal Circuit on Jan. 19 invited the U.S. to respond to a petition from solar panel exporters, led by the Solar Energy Industries Association, to reconsider the case on President Donald Trump's decision to revoke a Section 201 tariff exclusion on bifacial solar panels. The court asked for a response by Feb. 2 (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).