China opened a dispute at the World Trade Organization on Feb. 5 to challenge the new 10% tariff imposed by the U.S. on all goods from China, claiming that the measure violates the General Agreement on Tariffs and Trade. China said that not only do the duties violate the U.S. government's "Schedule of Concessions and Commitments," they're also "discriminatory and protectionist in nature."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade dismissed eight customs cases for lack of prosecution, noting that all cases were previously placed on the customs case management calendar but weren't removed "at the expiration of the applicable period of time of removal."
President Donald Trump's decision to eliminate the duty-free de minimis threshold for goods from China, issued as part of his 10% tariff hike on Chinese products, likely will face legal challenges due to the economic importance of the de minimis rule, customs attorney Lawrence Friedman told us. However, many questions remain on the precise scope of any resulting change, along with the legal theory underpinning it.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
After President Donald Trump announced his sweeping tariff action on China under the International Emergency Economic Powers Act, as well as now-delayed IEEPA tariffs on Mexico and Canada, trade lawyers told us to expect the duties to be challenged in court. Matt Nicely, lead counsel in the ongoing case against tariffs imposed on China during Trump's first administration, said in an email that a legal challenge is coming, a sentiment echoed across the trade bar.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The government "mostly dodges" the arguments customs broker license exam taker Skeeter-Jo Stoute-Francois makes against four questions on the exam and "baselessly and repeatedly accuses" her of rewriting the challenged questions, counsel for Stoute-Francois argued in a reply brief at the Court of International Trade. The brief said the U.S. "advances a series of impermissible post hoc justifications, misconstrues the applicable standard of review, fails to address several of Plaintiff’s arguments, and improperly relies" on past CIT cases (Skeeter-Jo Stoute-Francois v. Janet Yellen, CIT # 24-00046).
In its opposition to a reconsideration request in a vehicle sidebar classification case, the U.S. “misleads” the court by claiming that exporter Keystone Automotives was attempting to relitigate its position. Actually, the exporter said, its request is “based on the standard of review of the tariff exclusion” Keystone had relied on in its initial arguments (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: