The nonpartisan Congressional Budget Office has projected that applying Section 301 tariffs to the contents of packages that previously benefited from de minimis, as proposed in the House (see 2407080049), would increase revenue from tariffs by about $23.5 billion in the 2024-2034 period, but would only require reprogramming of ACE and more money for data storage and ACE maintenance, not new CBP officers. The CBO estimated that improving ACE would cost $3 million, and that CBP would need $2 million annually to maintain the system.
Customs duty
A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.
The Coalition for a Prosperous America, which advocates for protecting American manufacturing, said the new Senate Finance Committee bill to restrict de minimis moves "things in the right direction," even more than the bill that passed the House Ways and Means Committee in the spring.
President Joe Biden is again increasing the quantity of solar cells allowed under a Section 201 safeguard tariff-rate quota, he said in a proclamation issued Aug. 12. Retroactively effective for entries on or after Aug. 1, imports up to a 12.5 GW limit will now be allowed in duty-free, up from 5 GW prior to that date.
Womenswear company Alexis will pay nearly $7.7 million to settle a whistleblower False Claims Act case, which alleged that the company underpaid customs duties on its apparel imports, the U.S. Attorney's Office for the Southern District of Florida announced Aug. 9.
Senate Finance Committee Chairman Ron Wyden, D-Ore., formally unveiled a widely anticipated bipartisan bill Aug. 8 that would restrict foreign goods from eligibility for de minimis shipments.
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The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
Trade associations are generally pleased with the trade facilitation discussion draft issued in the Senate last week (see 2407310037), though they all noted that moving to a true one-U.S.-government data submission and release regime requires money, which may not follow, even if the bill becomes law.
A bipartisan pair of senators fleshed out a trade facilitation framework released in early June (see 2406100015) with legislative text that authorizes spending to create a true single window and modernize ACE, as well as details of how duty drawback could change.
Canadian traders should prepare for increased scrutiny from the country’s customs agents for a range of imports in the coming months, and should consider conducting an “internal compliance review” to make sure they’re complying with all duties and trade laws, Baker McKenzie said in a July 25 client alert.