An iPhone case that includes a separate screen that shows information like photos, boarding passes and maps from the phone sent through a Bluetooth connection isn't classified based on the Bluetooth capability, Customs and Border Protection said in an Aug. 3 ruling that was recently released. CBP responded to an advice request from a customs broker for popSLATE Media, which makes the case. The company told CBP it believes the cases are best classified based on radio transceivers as the agency classified the Apple Watch and other "smartwatches" (see 1606280059). CBP disagreed, saying "the most prominent feature" is the image display screen. That classification has a 2.6 percent duty rate. We couldn't reach popSLATE Friday.

RANCHO MIRAGE, Calif. -- CBP is working on a standardized process for customs brokers to vet their importer clients' powers of attorney, said Julia Peterson, chief of CBP's broker management branch, at the Western Cargo Conference (WESCCON) on Oct. 13. Every importer will be required to provide the same information, and every broker required to vet the same information, which should “level the playing field” and diminish or eliminate “broker shopping,” Peterson said.

Sterling Footwear is liable for gross negligence related to unpaid customs duties due to misclassification on hundreds of footwear entries, the Court of International Trade ruled in a Oct. 12 decision. CIT Judge Mark Barnett specifically avoided a decision on the liability of Sterling's CEO and majority shareholder, Alex Ng. The Justice Department sought a summary judgment on Ng's culpability but because some of the facts involved remain in dispute, Barnett didn't decide that issue.

An iPhone case that includes a separate screen that shows information from the phone sent through a Bluetooth connection isn't classified based on the Bluetooth capability, CBP said in an Aug. 3 ruling. The ruling, HQ H275685, came in response to an internal advice request from a customs broker for the maker of the phone case, popSLATE Media. The request went through CBP's Electronics Center of Excellence and Expertise, it said.

Software developers and customs brokers expressed concerns over the upcoming Dec. 9 deployment of statements in ACE, on an Oct. 6 conference call hosted by the National Customs Brokers & Forwarders Association of America. Though software developers reported that programming has been largely completed for some time, they said CBP needs to quickly issue transition guidelines and fallback procedures, especially given the widespread impact any issues with statements would have on trade.

Irregularities on a single transaction bond issued to cover antidumping duties on Chinese garlic don’t mean the surety doesn’t have to pay out to CBP, the Court of International Trade said in an Oct. 5 decision. Handwritten changes to the bond after it was signed, in apparent violation of CBP’s regulations, don’t invalidate the bond, CIT said. And despite lengthy delays before the underlying entry was liquidated, the government’s lawsuit to collect was not filed too late, it said.

International Trade Today is providing readers with some of the top stories for Sept. 25-29 in case they were missed.

The National Marine Fisheries Service announced the beginning of an ACE pilot to test filing of data required under the Seafood Import Monitoring Program for high-risk seafood. The pilot, which “will commence after” Oct. 1 and run until further notice, will be open to all customs brokers and importer self-filers for all commodities and all modes of transportation, NMFS said. Electronic filing of SIMP data is mandatory for certain high-risk species beginning on Jan. 1, 2018.

A customs broker may seek indemnification from an importer client during a Court of International Trade penalty case, even if the broker’s terms and conditions specify a different court for any lawsuits related to the broker’s services, the Court of International Trade said in a Sept. 29 decision. CIT has jurisdiction to hear all cross-claims for relief from liability on entries subject to a trade case, so UPS Supply Chain Solutions may sue its importer client Majestic Mills as part of a government penalty case related to entries on which UPS acted as broker, it said.

The Federal Communications Commission Office of Engineering and Technology will extend through Dec. 30 suspensions of information collection requirements tied to FCC Form 740 and importation of radio frequency devices, it said in an order. The earlier waivers were to expire Sept. 30, the office said. While the agency adopted proposals to eliminate the requirement for Form 740 filings (see 1706280065), those changes haven't gone into effect. The National Customs Brokers & Forwarders Association of America recently mentioned several concerns on the issue during a meeting with the agency (see 1709150004).