The government "mostly dodges" the arguments customs broker license exam taker Skeeter-Jo Stoute-Francois makes against four questions on the exam and "baselessly and repeatedly accuses" her of rewriting the challenged questions, counsel for Stoute-Francois argued in a reply brief at the Court of International Trade. The brief said the U.S. "advances a series of impermissible post hoc justifications, misconstrues the applicable standard of review, fails to address several of Plaintiff’s arguments, and improperly relies" on past CIT cases (Skeeter-Jo Stoute-Francois v. Janet Yellen, CIT # 24-00046).
After pulling back for the moment on threatened 25% tariffs on Canadian and Mexican imports, China is the only country facing imminent tariffs over fentanyl smuggling. The 10% tariffs will be added to most favored nation duties or, for goods subject to Section 301 duties of either 25% or 7.5%, to those duties and the underlying MFN rates.
Countries where the U.S. has a significant trade deficit could be potential targets for future U.S. tariffs, according to panelists speaking during a Jan. 29 customs market update sponsored by Expeditors.
President Donald Trump told reporters that there are no concessions Mexico, Canada or China could make to avoid tariffs on Feb. 1, which he wants to use to punish them for trade deficits, fentanyl trafficking, and, in the case of Canada and Mexico, migration across their borders.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 20-26:
CBP issued the following releases on commercial trade and related matters:
The following lawsuits were recently filed at the Court of International Trade:
No goods subject to special trade remedies -- 99.9% of which are subject to Section 301 tariffs -- would be able to enter as de minimis shipments under a proposed rule released by CBP Jan. 17.
Nebraska resident Byungmin Chae will appeal to the U.S. Court of Appeals for the Federal Circuit his second lawsuit challenging his results of the April 2018 customs broker license exam, he said in a notice of appeal. The Court of International Trade dismissed the suit after finding that it was precluded by Chae's first case challenging the test (see 2411130013). Chae is seeking credit for one question on the exam to cross the threshold of 75% correct in order to qualify as a customs broker (Byungmin Chae v. United States, CIT # 24-00086).
CBP should put in place an "informed compliance" policy for holds on previously filed in-bond shipments that prohibit their subsequent export, given the lack of automated notifications of those holds to the filer, according to comments that the National Customs Brokers & Forwarders Association of America submitted to CBP last week.