Category: Uncategorized

Aug 16th, 2022

FEDERAL CIRCUIT COURT OVERTURNS DECISION LINKING “NON-MARKET ECONOMY” STATUS TO CUSTOMS VALUATION RULES

In a much-awaited decision, the United States Court of Appeals for the Federal Circuit (CAFC) has ruled that the application of the Customs valuation laws is not affected by the question of whether imported goods or their components are from a “non-market economy” country. In Meyer Corporation U.S. v. United…

Sep 21st, 2022

CONTROLLED SUBSTANCES ACT DOES NOT BAR IMPORTATION OF MARIJUANA PRODUCTION EQUIPMENT, COURT OF INTERNATIONAL TRADE RULES

The Federal Controlled Substances Act (CSA) does not bar the importation of equipment for processing marijuana where State laws authorize the possession and use of such equipment, according to an important new ruling by the United States Court of International Trade (CIT). In Eteros Technologies USA Inc. v. United States,…

Feb 1st, 2023

UFLPA a Game Changer for U.S. Importers

The Uyghur Forced Labor Prevention Act (UFLPA) is a game changer for companies that import goods from China, particularly from Xinjiang Province. While Section 307 of the Tariff Act has long banned imports of goods made using forced or prison labor, the UFLPA raises the stakes by creating a “rebuttable…

Jun 26th, 2023

CBSA PROPOSAL WOULD INCREASE DUTIES FOR MANY; PUBLIC COMMENTS DUE BY JULY 26, 2023

The Canada Border Services Agency (CBSA) has proposed amendments to Canada’s Value for Duty Regulations which would amend the definitions of “sale” and “purchaser in Canada” for purposes of determining the dutiable “transaction value” of imported merchandise. While the proposal is styled as one to “level the playing field” between…

Apr 17th, 2023

DUTY DRAWBACK: CLAIMANTS MAY NEED TO “ROOT HURT”

The tight-knit group of drawback professionals serving American importers and exporters (sometimes referred to by Customs as “drawback vigilantes”) is watching with interest and not a little concern as an interesting case makes its way through the United States Court of International Trade. In Spirit Aerosystems Inc. v. United States,…