A very long but worthy read appears in today’s Federal Register. It is a new opportunity from U.S. Customs & Border Protection to make U.S. products more competitive overseas. Essentially, if you are a U.S. exporter whose exports are being incorrectly classified or valued by a foreign government, you now have recourse to the CBP who will, if they agree with your position, work through the appropriate channels to achieve a resolution. Here is the most relevant text fromĀ the notice:
Inquiries Concerning Tariff Classification or Customs Valuation by
Other Customs Administrations Affecting U.S. Exports
By publication of this notice, U.S. Customs and Border Protection
emphasizes that opportunities exist to strengthen communication and
coordination between industry, CBP, other customs administrations, and
the WCO to advance the shared goal of facilitating international trade.
Greater collaboration with industry promotes improved technical
understanding among contracting parties and helps to foster uniformity
in the interpretation and application of the HS Convention and WTO
Valuation Agreement.
On matters involving non-uniform tariff classification or customs
valuation treatment by other customs administrations, individual
parties or firms do not have standing to initiate dispute settlement
procedures or consultations under the HS Convention or the WTO
Valuation Agreement. Consequently, for a U.S. individual or firm to
raise a tariff classification or customs valuation dispute, that party
must file an inquiry or complaint with the U.S. government and provide,
or assist in the collection of, any information relating to the matter
which may be required.
Accordingly, CBP hereby invites U.S. exporters to file with CBP
requests for assistance in resolving any tariff classification or
customs valuation treatment by other customs administrations affecting
U.S. exports.Of course, as a threshold technical matter, in order to provide the
requested assistance, CBP must agree with the position of the exporter
with regard to the specific matter brought to CBP's attention.
CBP will endeavor to provide an initial response to such requests
within 60 days of their receipt. Thereafter, in cooperation with the
appropriate agencies, CBP will consider the appropriate course of
action, including but not limited to the initiation of consultations or
dispute settlement at meetings of the HSC or TCCV at the WCO. The
inquirer or complainant will be informed of the progress achieved in
resolving the matter. Requests for assistance on tariff classification
or customs valuation treatment by other customs administrations
affecting U.S. exports should be addressed to U.S. Customs and Border
Protection, Office of International Trade, Regulations & Rulings,
Attention: Commercial and Trade Facilitation Division, 90 K St. NE.,
10th Floor, Washington, DC 20229-1177.
Confidentiality
Information submitted by U.S. exporters concerning requests for
assistance may, in some instances, include confidential commercial or
financial information, the disclosure of which could result in
competitive harm to the business submitter. Such information is,
generally, protected under the provisions of the Freedom of Information
Act (5 U.S.C. 552) (FOIA), the Privacy Act (5 U.S.C. 552a), and the
Trade Secrets Act (18 U.S.C. 1905). If confidential treatment is
requested, submitters should specifically designate the information it
considers confidential. Such requests will be handled in accordance
with CBP Regulations (19 CFR 103.35) regarding the protection of such
information.
If you need help classifying your exports and want the assistance of CBP, you should contact our office by e-mailĀ or call (734) 855-4999. We areĀ experienced in adressing specific concerns of clients before federal angencies, congressional committees, and classifying products in the HTSUS. You can also make use of our other articles, such as: