China Tariffs Continue – Per USTR

Written by Susan Kohn Ross One of the hopes of the trade community when the Biden Administration was sworn in was that “something” would be done about the China 301 tariffs. To this point, there are no changes. In fact, while there was optimism at the outset, the reality is that no one in D.C. has a “better” vehicle for trying to rein in China’s … Continue reading China Tariffs Continue – Per USTR

Forced Labor Rules Published – What Do They Mean For Importers?

Written by Susan Kohn Ross When the Uyghur Forced Labor Prevention Act  (the “Act”) was signed into law in December 2021, many international traders looked at it and quickly realized a very high bar had been set for compliance, and that the impact on many U.S. companies would be significant, as well as negative. The hope was the mandated report to Congress would help clarify … Continue reading Forced Labor Rules Published – What Do They Mean For Importers?

China Tariff – 301 Update

Written by Susan Kohn Ross In discussing the current state of the 301 tariffs, the first place to start is with the pending litigation. There, the Government has filed its cross-motion to dismiss responding to what plaintiffs had previously argued. The next step is for the panel of judges assigned to these 3800+ cases to decide if they will order oral argument or decide the … Continue reading China Tariff – 301 Update

Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

Written by Susan Kohn Ross Customs and Border Protection (“CBP”) is in the process of reimaging how it will operate in the future. This effort has been dubbed 21CCF.  At the same time CBP has been developing its recommendations, a national coalition of trade associations has been formed to discuss the very same topic – what should CBP look like in the future? The coalition … Continue reading Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

Is Your Cargo Congested? Try This!

Written by Susan Kohn Ross A New Year typically brings hope, optimism, and a fresh outlook.  Unfortunately, when it comes to our shipping ports, the current circumstances lack anything that one could call hopeful. And,  it appears things have gone from bad to worse. There are lots of reasons for the current mess. And, just as it took a long time for things to get … Continue reading Is Your Cargo Congested? Try This!

Powers of Attorney for Freight Forwarders and Customs Brokers

On February 24, 2021, MSK Partner Susan Kohn Ross presented via live webinar on “Powers of Attorney for Freight Forwarders and Customs Brokers.” Please enjoy a recording of this webinar and contact skr@msk.com with any questions pertaining to powers of attorney. Continue reading Powers of Attorney for Freight Forwarders and Customs Brokers

China 301 Duty Refunds – What Is Next?

Written by Susan Kohn Ross There are conflicting opinions as to when the deadline (called the statute of limitations) expires to file a complaint at the Court of International Trade and seek refunds on any China 301 List 3 duties which were paid. We know the statute of limitations is two years – but when does it start? Some argue the statute expired on Friday, … Continue reading China 301 Duty Refunds – What Is Next?

Customs Broker Regulations Update – What Was CBP Thinking?

Written by Susan Kohn Ross For many months, the customs brokerage community has been expecting to see updates to the existing regulations. They finally came out in the Federal Register on June 5, 2020, see here. Comments are due on or before August 4, 2020. While much of what is in the proposed revisions is not controversial and fits nicely into CBP’s stated purpose to … Continue reading Customs Broker Regulations Update – What Was CBP Thinking?

PPE Exports: Ready to Go?

Written by Susan Kohn Ross

In CSMS 42506108 issued on April 27, 2020, CBP updated its Frequently Asked Questions about Personal Protective Equipment exports. In it, CBP makes clear the Document Imaging System (DIS) sends a confirmation of receipt, as does AES. If the shipment is held for any reason and/or further action is needed, notice of that is most likely going to come through the carrier. In short, absent negative information, the export is ready to go.

When it comes to any Letter of Attestation (“Letter”), CBP has made clear these should be submitted through the DIS. The size limit for CBP is up to 10 MB. The email address is docs@cbp.dhs.gov. There are additional criteria to consider: Continue reading “PPE Exports: Ready to Go?”

CBP Authorizes Duty Payment Deferral

Written by Susan Kohn Ross

Update 4/23/20:
The official Federal Register notice authorizing the duty payment deferral option has been published – please see here. The comment deadline expires on May 20, 2020.

Update 4/20/20:
We noted in our Alert below that CBP stated the decision about whether or not to defer payment of duty had to be made by 11:59 PM today. CBP has now clarified that is 11:59 PM Eastern Time, and the deadline refers to the April Periodic Monthly Statement.

Also, CBP is now saying if the 301 duty exclusion covers the entire entry, the entry is eligible for the duty payment deferral option.

Original Alert:

Despite statements discounting the possibility, saner heads have prevailed and published late yesterday was an Executive Order issued permitting the Secretary of the Treasury to adjust the deadlines related to payment of duty. Executive Order re Duty Payment Deferral.  On that basis, CBP announced a 90 day postponement of duty payment is possible. First, in CSMS 42423171, CBP made clear the option to postpone duty payment for 90 days exists for many entries filed in March and April 2020. However, if the entry involves antidumping duty, countervailing duty, and/or Section 201, 232 or 301 duties, duty payment deferral is not available. While not obvious from the publications available to date, if your goods are subject to a 301 tariff but you have an exclusion, CBP has verbally advised you are not eligible for duty payment deferral. Many more questions are likely and CBP is holding a second briefing with the trade community this morning. The first such briefing took place yesterday evening. During that briefing, CBP indicated the duty deferral decision had to be made before 11:59 p.m. tonight. This is understood to refer to duty payments due today, April 20, 2020. Make sure to consult with your customs broker, but do not be surprised if many are unsure about the application of this newly announced program, due to the timing of its rollout. Continue reading “CBP Authorizes Duty Payment Deferral”