U.S. Customs and Border Protection Withdraws Its Proposal to End the "First Sale" Rule


After much anticipation, U.S. Customs and Border Protection (CBP) published a notice in today’s Federal Register that it is withdrawing its proposed interpretation of the phrase “sold for exportation to the United States” for purposes of determining the value of goods in cases where there are multiple sales transactions prior to importation. If CBP’s proposal had been adopted, it would have eliminated an importer’s ability to use the sale price of goods from a foreign manufacturer to a middleman the “first sale” in a series of title transfers—for goods ultimately destined to the United States.

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