On May 4th, CBP and EU reached Mutual Recognition for C-TPAT and AEO cargo security programs.

In Deckers Outdoor Corp. v. United States, the CIT classified certain boots as “footwear of the slip-on type” (37.5% duty) rather than as "other” footwear valued over $12/pair at 9% duty.

CBP has published the second quarter 2012 interest rates used to calculate interest on underpayments and refunds of customs duties.

CBP is seeking comments by June 25^th on its interim rule regarding merchandise bearing recorded trademarks or trade names. Absent a demonstration by the importer, within 7 business days of the notice of seizure, that the marks are not counterfeit, CBP may disclose to the rights holder information on merchandise or its retail packaging that may otherwise be protected by the Trade Secrets Act, including photographs or a sample.

CBP is considering plans to amend its penalty mitigation guidelines, which would impact import bond violations such as late filings. 

On March 13^th, President Obama signed into law a bill that would allow the United States to once again use countervailing duties against imports from nonmarket economy (NME) countries such as China and Vietnam.

Public comments received by the Consumer Product Safety Commission (“CPSC”) regarding ways to reduce the cost of third party testing requirements of children’s product are now available online.

CBP REQUESTS PUBLIC COMMENTS FOR CLASSIFICATION OF FOOTWEAR

CBP is requesting comments on the Proposed Administration of Additional U.S. Note 5 to Chapter 64, HTSUS.

JANUARY 25^th CUSTOMS BULLETIN AND DECISIONS:

CBP ruled that plastic salad spinners are classified as other types of centrifuges in subheading 8421.19.00, HTSUS, and not as other types of machines or mechanical appliances in subheading 8479.89.98, HTSUS.

CBP is modifying and revoking rulings regarding the classification of plastic sports beverage bottles.  CBP now believes they are classified as tableware and kitchenware of plastics in subheading 3924.10, HTSUS rather than as other household articles of plastics in 3924.90, HTSUS.

CBP is modifying a ruling covering the classification of the EZ Tree Bar. CBP now believes that the primary classification in subheading 7326.90.85, HTSUS, is correct, however, it is not eligible for duty free entry under 9817.00.500, HTSUS, covering machinery, equipment and implements to be used for agricultural or horticultural purposes.

U.S. Fish & Wildlife Service proposed amendments to its regulations regarding trade in wildlife which include changes to requirements for alligator and crocodile, vicuña and definitions for “coral” and “ranched wildlife” as well as clarifications regarding the FWS verification of CITES certs, information on CITES documents, issuance of replacement and retrospective documents, etc.

QUARTERLY SCOPE RULINGS PUBLISHED

Commerce has published a list of scope rulings completed between April 1, 2011, and June 30, 2011.

The Merchandise Processing Fee will be increased to 0.3464%, retroactive to October 1, 2011.

 Congress approves FTAs with South Korea, Colombia, and Panama.  President expected to sign into law.

Congress approves legislation retroactively renewing GSP, president expected to sign into law.

CAFC limits definition of 9506 sports apparel to certain protective gear.  Determines motocross protective pants, shirts and jackets are classified within the provisions for wearing apparel.

July 27^th Customs Bulletin and Decisions

CBP ruled that certain battery operated paint rollers are classified as a “Paint rollers” in subheading 9603.40.20, HTSUS, pursuant to GRI 1 and not as a pump in subheading 8413.50.00, HTSUS.

CBP ruled that the antibiotic drug Telithromycin is classified in subheading 2941.90.30, HTSUS, as an other antibiotic, by application of GRI 6, and not as an Erythromycin derivative in subheading 2941.50.00, HTSUS.

CBP ruled that vodka is classified in subheading 2208.60, HTSUS, as a spirit, rather than subheading 2207.10.30, as undenatured ethyl alcohol of an alcoholic strength by volume of 80 percent vol. or higher, by application of GRI 3 (a). 

CBP is proposing to modify a ruling covering the classification of a steel furniture lifter. CBP now believes that it is classified as other lifting machinery in Heading 8428, HTSUS, and not as other articles of iron or steel under Heading 7326, HTSUS.

CBP is proposing to revoke a ruling covering the classification of salad spinners. It is now CBP’s position that salad spinners are classified in subheading 8421.19.00, HTSUS, as other types of centrifuges and not under Heading 8479, HTSUS, as other types of machines or mechanical appliances. 

CBP is proposing to modify rulings covering the classification of wader tops. It is now CBP’s position that they are classified as parts of footwear in subheading 6406.10.90 and not as leg warmers in subheading 6406.99.15, HTSUS

CBP ruled that Cryostat window made of synthetic diamond is classified as a precious stone in subheading 7116.20.50, HTSUS, and not as a semiprecious stone in subheading 7116.20.40, HTSUS.

On August 23rd, the IDB and the USTR, along with a number of textile associates have just created a directory of CAFTA suppliers, available here.

The USITC Releases The Year in Trade 2010

On July 28^th, the USITC released an annual overview of trade-related activities for 2010 in their report The Year in Trade 2010.

New Export License Exception

BIS has published a final rule adding a new license exception to the EAR that authorizes the export, reexport, and transfer (in-country) of specified items when shipped to destinations that pose a relatively low risk of a prohibited use of the item.

CBP HQ overruled a determination that pants or shorts imported as composite goods with Chinese-origin belts did not qualify for preferential tariff treatment under the US – Israel Free Trade Area Implementation Act, or the United States – Jordan Free Trade Area Implementation Act.

August 3^rd Customs Bulletin and Decisions

CBP ruled that printed business cards are properly classified in subheading 4911.99.80, HTSUS, and not subheading 4911.99.60, HTSUS, based on the method of printing and they need not be marked, as long as CBP at the port of entry is satisfied that the business cards will remain in their properly marked container until they reach the ultimate purchaser in the U.S.

CIT Rules on Diaper Machine Classification

In National Presto Industries Inc. v. U.S., the CIT ruled that adult diaper making machines are classified as other machinery for making up paper pulp, paper or paperboard in subheading 8441.80.0000, HTSUS, pursuant to GRI 1 and not as other machines and mechanical appliances in subheading 8479.89.9897, HTSUS.