Question: I’m confused – The court recently ruled that liquidation of U.S. Customs entries does not, by itself, prevent potential future refunds. Why, then, do lawyers still advise filing protests after liquidation—or pursuing a court case? Answer 1: Self-interest I would guess. Lawyers need cases to make money. Our legal team says there is no […]
Question: What is the general consensus on whether you need to file suit in the IEEPA case in order to be able to receive refunds? Some attorneys are arguing that the CIT does not have authority to extend the re-liquidation to non-parties. Answer 1: For us it was a cost/benefit analysis game. Cost next to […]
Question: 232 tariffs on steel and aluminum do not apply to the packaging used to transport goods imported into the US, correct? We have products we import in steel 55 gallon drums, and the concern was raised is these imports are subject to 232 tariffs on the steel drums (normally we do not declare the […]
Question: RE: Section 232 I’ve seen one answer for this question using the beer and aluminum can as an example and I’m still needing to make sure I understand correctly. For a Derivative item – let’s say it is a tool with metal qualifying parts and the rest is plastic – when removing the plastic […]
Question: Coil of steel for example starting weight is 20MT is slit in Italy and the result of the slitting the coil now weighs 19MT. Is the full cost of the 20MT coil subject to the steel derivative or just the cost associated with the 19MT? The coil would be imported at 19MT. Answer 1: […]
Question: The optimist in me says the Supreme Court will uphold both lower courts’ determinations that the IEEPA fentanyl and reciprocal tariffs are illegal. I presume refunds will not be automatic but must be requested. So, how best to go about this? Would it be better to request CBP withhold liquidation and file PSCs on […]
Question: There are companies out there that are offering to buy your IEEPA tariff amounts for around 22% of the value. I am curious if the membership thinks this is a good value considering the press states that even if overturned, the government will make it very hard or just not pay the tariffs back. […]
Question: Has anyone pursued a preventative Court challenge in the U.S. Court of International Trade (CIT) to contest the legality of tariffs (e.g., IEEPA or Section 301) before liquidation?Trade lawyers are increasingly recommending this approach because it can: Preserve refund rights without waiting for liquidation and protest denial Enable importers to benefit from a favorable […]
Question: We are a German owned company with a US location and tax ID. Our US location has customers in Canada, the Caribbean and South America. If we ship directly to a customer from Germany in one of these countries and our goods never enter the US commerce, are they subject to current US tariffs? […]
Question: Can you please help us clarify when the 10% reduction in duties for IEEPA takes place? Is the November 10 effective date determined by vessel arrival or date the entry summary is transmitted? From 19 CFR: 141.1 Liability of importer for duties. (a) Time duties accrue. Duties and the liability for their payment accrue upon imported […]
Question: Would anyone have insight into the latest Annex I (Sept 25th, EU import exclusions) and potential proposed Annex III exclusions for Pharma? We are wondering if some of our raw materials, which are used in Pharma applications and also for Medical Device manufacturing downstream, might be able to take advantage of the ‘Pharma’ scope. We aren’t […]
Question: How long is it taking for PSCs to be processed where additional tariffs should or should not have been claimed on original entry? What are people seeing? Answer 1: We submitted PSC’s for both should and should not have paid in August and September. Most have already liquidated with bills or refunds. We have […]
