Great news out of the CIT! Earlier this week, on July 6, the Court of International Trade granted the Section 301 Plaintiffs’ motion for a preliminary injunction. The granting of the preliminary injunction suspending liquidation of unliquidated entries subject to the contested tariffs is an important victory for all the Section 301 plaintiffs. The preliminary injunction and the requirements set forth […]
Since September 2020, approximately 3,600 similar lawsuits challenging the Section 301 duties on imports from China have been filed in the U.S. Court of International Trade (“CIT”). Accordingly, in October 2020, the U.S. Department of Justice (“DOJ”) filed a motion before the CIT requesting the court implement several case management processes, such as the designation of the HMTX Industries case […]
What is a Customs broker? Customs brokers are private individuals, partnerships, associations, or corporations licensed, regulated, and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting Federal requirements governing imports and exports. Brokers submit necessary information and appropriate payments to CBP on behalf of their clients and charge them a fee for this service. […]
It is essential for companies to have accessible Terms and Conditions (T&C) for the customer to ensure enforceability against any liability. In the shipping industry, you are responsible for making customers aware of Terms and Conditions by either publishing access to them in the bill of lading or in an e-mail correspondence. Terms & Conditions are a valuable tool in […]
The Federal Maritime Commission has increased the maximum penalties assessed for statutory violations effective January 15, 2021, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the rate of inflation. Maximum penalties for knowing and willful violations of the Shipping Act increased to USD 61,820, from USD 61,098. Maximum penalties for violations that are […]
In our September 15, 2020 Blog we encouraged the expeditious filing of List 3 Section 301 refund claims in order to accommodate the tightest possible statute of limitations (“SOL”) interpretation, i.e. two years after announcement of the duty imposition. Importers were urged to file, in the Court of International Trade, their claims that the United States had exceeded its authority […]
On Friday October 2nd, 2020 the U.S. Trade Representative (USTR) announced that it is initiating an investigation under Section 301 of the 1974 Trade Act addressing two issues with respect to Vietnam-U.S. trade. The USTR will investigate Vietnam’s policies and practices related to: 1. The import and use of timber that is allegedly illegally harvested or traded, and 2. Acts that may […]
A coalition of importers has filed a Court challenge to the U.S. Trade Representative’s imposition of Section 301 tariffs on List 3 and List 4A imports from China. For more than two years, the U.S. has assessed additional tariffs on hundreds of billions of dollars’ worth of Chinese goods pursuant to Section 301 of the Trade Act of 1974. These duties […]
The Office of Foreign Assets Control, often one of the most difficult and implacable federal agencies to deal with, has announced its intent to consider COVID-19 issues when addressing “apparent violations” of its regulations. In a release dated April 20, 2020, it stated “If a business facing technical and resource challenges caused by the COVID-19 pandemic chooses, as part […]
On December 12, 2019, the United States Trade Representative (“USTR”) released a list of an additional forty-four (44) HTS provisions and product descriptions that will be excluded from Section 301 tariffs. These exclusions relate to items on List 3 of the China Section 301 tariffs. The unexcluded products on List 3 will continue to be subjected to an additional duty […]