Tag: federal register

CBP proposes electronic notice of liquidation

A few years ago, U.S. Customs & Border Protection began posting notice of property seizures and their intent to forfeit the property on forfeiture.gov. Previously, CBP posted those notices at the customhouse and in newspaper publications.

Physical Posting of Bulletin Notices of Liquidation

Similarly, anytime an entry was liquidated CBP had to post the bulletin notices of liquidation in paper format at the port office, historically called the customhouse.Ā  Liquidation is the legal event which finalizes the amount of duties owed to CBP. To protest an entry (that is, officially challenge customs rate, duty, value, etc.), a protest must be filed within 180 days of liquidation. Thus, for an importer or their customs lawyer, knowing the exact date of liquidation is extremely important.

In addition to posting the bulletin notices of liquidation at the customhouse, CBP would provide courtesy notices of liquidation or notices of suspension or extension of liquidation, by mail.

Proposed rules mark an end of physical posting of bulletin notices of liquidation

CBP is updating this antiquated method of providing official notice of the liquidation of an entry. It will instead be posting those notices to their website, www.cbp.gov, in searchable format. This will be a tremendous benefit to importers, and their customs attorneys, who typically had to physically go to the port office and inspect, or in most cases – request to inspect, pages of information to locate a single entry and its date of liquidation, if they need to know the date of liquidation for protesting an entry.

CBP is taking this action by proposing to update it’s regulations, with comments due by November 14, 2016. You can read all about this proposed rulemaking by reading the entry in the Federal Register.

This is a change that this customs lawyer welcomes, with open arms.

CBP to Help U.S. Exporters Resolve Tariff Disputes with Foreign Governments

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: