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Meyer Decision: First Sale Remains a Savings Avenue for Importers

First sale appraisement currently remains a legally viable duty savings avenue, including for transactions with vendors in NMEs. On March 1, 2021, Judge Thomas J. Aquilino, Jr. of the US Court of International Trade (CIT)...more

Wait Is Over: USMCA Border Enforcement Begins

US tariffs are applied at the time of import and so the elevated role played by US Customs and Border Protection should not be underestimated. While the Customs section begins with the analysis “The Wait Is Over: USMCA Border...more

Origin Verification Procedures: Similarities to the NAFTA in the USMCA

The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by: (1) Written request or questionnaire to the importer, exporter, or producer of the good...more

New Analysis: CBP Takes First Step Towards Full USMCA Implementation

In an April 20, 2020 message to the trade community, US Customs and Border Protection (CBP) released the long-awaited United States–Mexico–Canada Agreement (USMCA) Interim Implementing Instructions (CBP Instructions). This...more

CBP Instructions for USMCA Recordkeeping

Any importer who claims preferential tariff treatment under the Agreement for a good imported into the United States from a USMCA country must keep the following documentation for a period of no less than five years from date...more

New Automotive Origin Rules for the USMCA

Appendix I, Automotive Rules of Origin and Procedures, to the CBP Instructions provides guidance on the USMCA automotive rules of origin by incorporating the appendix to Chapter 4 of the USMCA Implementation Act (Automotive...more

Importing Under COVID-19: Companies Suffering Financial Hardship Receive 90-Day Reprieve to Pay Duties

Effective yesterday, the US government is making available a temporary 90-day postponement of certain import payment deadlines for companies and individuals experiencing “significant financial hardship” due to the economic...more

COVID–19 Duty Deferral Option Withdrawn by CBP Amidst Continued Requests by Congress for Such Action

After initially accepting requests from importers in light of the novel coronavirus (COVID–19) pandemic to defer payment of duties—a means of relief that the Trump Administration had reportedly been considering—US Customs and...more

The Importation of Personal Protective Equipment for Treatment of COVID-19

News reports show that because of the spread of the novel coronavirus (COVID-19) pandemic, hospitals and medical facilities are overwhelmed and threaten to strain the healthcare system. Masks, ventilators, and gowns are...more

The Time is Now: Here’s the Latest on Avoiding China Tariffs

As part of the Trump Administration’s longstanding “trade war” with China over Chinese government trade practices related to technology transfer, intellectual property, and innovation that the Administration has determined to...more

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