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FCBF Legal Report – February 20, 2019

Last update on Feb. 22, 2019.

FCBF Legal Report – February 20, 2019

By: Lenny Feldman, FCBF Legal Counsel

I. Trade Remedies

• Congress is directing product-specific exclusions from the section 301 additional tariffs on $200 billion of Chinese imports. The List 3 tariffs now at 10% are scheduled to increase to 25% on March 2.
• ACE system now can accept section 301 exclusions granted to importers when reporting subheading 9903.88.05 in addition to the regular HTSUS classification. A post summary correction must be filed for refunds.
• Department of Commerce submitted results of its section 232 auto and auto parts investigation to President Trump on 2/17/19. A decision is necessary within 90 days that could mean tariffs of up to 25%.
• Meanwhile, there is an opportunity to request administrative reviews by 2/28/19 for numerous AD/CVD orders including: steel wire rod, softwood lumber, hardwood plywood, wooden bedroom furniture, tool chests and cabinets, preserved mushrooms, frozen warmwater shrimp, residential washers, steel wire garment hangers, etc.

II. Customs

• CBP will begin issuing liquidated damages claims for violations of its April 2018 rule expanding the definition of importer security filing importer for certain shipments. Under the expanded definition responsibility falls on the party causing the goods to enter the limits of a U.S. port most likely to have access to the required ISF information.
• CBP has further delayed enforcement of certain aspects of its updated in-bond regulations such as inclusion of a six-digit HTS number. CBP still has discretion to fully enforce for egregious or continued violations or a lack of good faith, issuing claims at $5,000 per violation.

III. Food & Beverage

• FDA recently modified numerous import alerts including fish and fishery products, aqua cultured shrimp, dried peppers, medical devices, low-acid or acidified foods, cilantro, etc. Such alerts allow FDA to detain without physical examination until meeting the criteria for exclusion.
• CBP has extended the timeframe until 2/28/19 for importers of distilled spirits, beer or wine imported from qualifying foreign producers to receive lower tax credits or tax rates under The Craft Beverage Modernization Act. Supporting documents may be sent via DIS for an entry or post-summary correction.


• The Administration continues to pursue discussion with Congress to ratify the new trade deal, providing needed changes based on negotiated commitments. However, the USITC first must present a report outlining the economic consequences of the deal.

Lenny Feldman, FCBF Legal Counsel
Sandler, Travis & Rosenberg, P.A.
1000 NW 57th Court - Suite 600, Miami, FL 33126
305) 894-1011 tel, (305) 267-5155 fax


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