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Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more
Welcome to our new series, where we’ll share simple yet effective ways for savvy importers to save on import duties. In this series, we’ll break down different strategies, making them easy to understand, regardless of your...more
Why Should You Attend: The Harmonized System (HS) is used by virtually all countries to determine the duty/taxes and admissibility of imported goods. Because the classification of goods under the HS is a legal determination...more
In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to...more
Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience. It is not uncommon in today’s regulatory enforcement landscape for...more
In view of the recent action taken by President Trump in an Executive Order regarding Hong Kong’s status, US importers should prepare for increased risk exposure in US-Hong Kong trade. Although Hong Kong technically...more
As a follow-up to our client alert of April 23, 2020, here we provide: (i) a reminder of the opportunity for eligible importers to defer certain import duties, taxes and fees; and (ii) provide additional guidance on the...more
Report on Supply Chain Compliance 3, no. 9 (April 30, 2020) - Following the April 18 executive order, National Emergency Authority to Temporarily Extend Deadlines for Certain Estimated Payments, the Secretary of the...more
President Trump issued an Executive Order on April 19, 2020, authorizing the Secretary of Treasury to temporarily extend deadlines for the payment of deposits of certain estimated import duties, taxes and fees for importers...more
Some U.S. importers may be able to defer payment of certain U.S. import tariffs by 90 days under a temporary final rule (“Tariff Deferral Rule”) published on April 22 by U.S. Customs and Border Protection (“CBP”) and the U.S....more
As of Monday, April 20, 2020, U.S. Customs and Border Protection (CBP), in connection with the Department of the Treasury, temporarily postponed for 90 calendar days the deadline for deposits of certain estimated duties,...more
U.S. Customs and Border Protection (CBP) confirmed in an April 22, 2020 Federal Register notice the temporary postponement of the deadline for payment by COVID-19 affected importers of record of deposits of certain estimated...more
On April 19, 2020, President Trump issued an Executive Order (E.O.) on “National Emergency Authority to Temporarily Extend Deadlines for Certain Estimated Payments” directing the Secretary of the Treasury, in consultation...more
Effective immediately, U.S. Customs and Border Protection (CBP) is amending the CBP regulations to permit importers to temporarily postpone the deposit of certain estimated duties, taxes and fees. Ordinarily, those estimated...more
Benesch advised on March 21 that U.S. Customs and Border Protection (“CBP”) was examining emergency measures to allow for the deferral of customs duty payments in response to the COVID-19 pandemic. On April 19 the White House...more
Importers that can demonstrate "significant financial hardship" resulting from the COVID-19 pandemic may benefit from President Trump's April 18 Executive Order, which authorizes the Treasury Department to grant importers an...more
The administration and U.S. Customs and Border Protection (CBP) recently announced a narrow 90-day duty deferral option to help companies cope with the economic effects of COVID-19. Apparently the push from members of...more
Unexpectedly, on March 26, 2020, U.S. Customs and Border Protection (CBP) issued a Cargo Systems Messaging Service (CSMS) message announcing that it will no longer accept requests from importers to defer payment of duties on...more
On March 20, 2020, U.S. Customs and Border Protection (CBP) announced a program whereby U.S. importers may request additional days for payment of estimated duties, taxes and fees due to the severity of the Novel Coronavirus...more
U.S. Customs and Border Protection (“CBP”) issued bulletin CSMS #42097586 on March 20, 2020, advising that payment of import duties may be deferred under certain circumstances due to the COVID-19 outbreak. Specifically,...more
On October 11, 2019, the United States International Trade Commission (“Commission”) will again initiate the Miscellaneous Tariff Bill (“MTB”) process. Under the MTB process, parties can file petitions with the Commission to...more
• USTR has proposed to impose additional duties of up to 100 percent ad valorem on $21 billion of imports from EU member states as a result of a dispute concerning aircraft subsidies. • The proposed duties would apply to...more
The CBSA has made a long-sought-for change in its policy to allow duty refunds in the event of qualifying downward transfer price adjustments by importers. The change comes on the heels of victory by Bennett Jones in a test...more
Since the introduction of the Transaction Value System of customs valuation by Canada on January 1, 1985, the Canada Border Services Agency (CBSA) has maintained a stated policy of denying refund claims of related party...more
In This Issue: - Commerce Issues Preliminary Determination Finding Chinese Solar Producers Receive Countervailable Subsidies - United States Prevails in WTO Dispute Challenging China's Duties on U.S. Automobiles...more