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Customs/Imports

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On August 14, 2019, the Office of the US Trade Representative (USTR) posted on its website an advance copy of the Federal Register notice imposing additional duties of 10 percent ad valorem on products of China classified in the tariff subheadings set out in the Annexes to the notice (List 4). The additional 10% duties on the tariff subheadings set out in Annexes A and B to the notice are applicable with respect to products…

On August 14, 2019, the US Trade Representative (USTR) published in the Federal Register a notice of public hearing and request for comments [Docket No. USTR-2019-0011] regarding Russia’s compliance with its World Trade Organization (WTO) commitments. The interagency Trade Policy Staff Committee (TPSC) invites interested persons to submit written comments and participate in a public hearing to assist the Office of the USTR in the preparation of its annual report to the Congress on Russia’s…

On August 14, 2019, the US Trade Representative (USTR) published in the Federal Register a notice of public hearing and request for comments [Docket No. USTR-2019-0010] regarding China’s compliance with its World Trade Organization (WTO) commitments. The interagency Trade Policy Staff Committee (TPSC) invites interested persons to submit written comments and participate in a public hearing to assist the Office of the USTR in the preparation of its annual report to the Congress on China’s…

On August 14, 2019, US Customs and Border Protection (CBP) has published in the Federal Register a final determination concerning the country of origin of mobile device software and server software for purposes of government procurement under the Trade Agreements Act (TAA). Both software products are produced in a four-step process that involves: (1) writing original source code, or modifying open source software code in the United States; (2) writing or modifying source code in…

On August 14, 2019, US Customs and Border Protection (CBP) published in the Federal Register a notice of proposed rulemaking [USCBP-2019-0024] to amend the CBP regulations to require customs brokers to collect certain information from importers to enable the customs brokers to verify the identity of importers, including nonresident importers. CBP proposes these amendments, pursuant to section 116 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which directs CBP to promulgate regulations…

On August 14, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that announces CBP’s modification to the National Customs Automation Program (NCAP) test pertaining to the processing of post-summary corrections (PSCs). The modification in this notice expands the time period in which a PSC must be filed by allowing a PSC to be transmitted up to 15 days prior to the scheduled date of liquidation when liquidation has…

On August 13, 2019, the US Trade Representative (USTR)  announced the next steps on the proposed imposition of 10% additional duties on articles covered by List 4 (approximately $300 billion of Chinese imports).  Specifically, the announcement advised as follows: Certain other articles are being removed from the final list based on health, safety, national security and other factors and will not face the 10% tariffs;The remaining products contained in the May 17, 2019 list will…

On August 13, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that announces that CBP is conducting a test of new functionalities related to the electronic entry filing for low-valued shipments through the Automated Commercial Environment (ACE). The Section 321 de minimis administrative exemption admits free from duty and tax, shipments of merchandise (other than bona-fide gifts and certain personal and household goods) imported by one person on…

On August 9, 2019, the Department of Defense (DoD) published in the Federal Register a final rule [Docket DARS–2019–0037] that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add Australia as a new World Trade Organization Government Procurement Agreement (WTO GPA) country. On October 17, 2018, the WTO Committee on Government Procurement approved the accession of Australia to the WTO GPA. Australia submitted its instrument of accession to the Secretary-General of the WTO on…

On August 5, 2019, President Trump issued Executive Order 13884 (“Venezuela EO”) blocking all property of the Government of Venezuela (“GOV”), a significant escalation of sanctions against the regime of President Maduro. Statements issued by the White House and State Department indicate that this escalation is meant to target the Maduro regime for its continued abuses of human rights and repression. The US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) concurrently issued 12 amended general licenses and 13 new…