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Big changes sometimes go unnoticed! On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act (Pub. L. No. 114-125) ("TFTEA") into law. Section 904 of the TFTEA amends Chapter 98 of the Harmonized Tariff Schedule of the United States ("HTSUS") and became effective on April 24, 2016. Subsection (b) covers amendments to Heading 9801 of the HTSUS and provides:
(b) Modification of Provisions Relating to Returned Property
(1) In General - The article description for heading 9801.00.10 of the Harmonized Tariff Schedule of the United States is amended by inserting after "exported" the following: ", or any other products when returned within 3 years after having been exported".
In essence, this amendment is intended to remove the requirement that goods entered under Heading 9801 be of U.S. origin if they are imported back into the U.S. within 3 years of their date of export from the U.S. In other words, goods of ANY origin can now claim duty-free entry under Heading 9801 as "U.S. Goods Returned" provided the 3-year deadline is met. What kind of documentary requirements will U.S. Customs and Border Protection require to support the new 9801 claims? The agency has yet to provide any kind of internal guidance to the ports of entry on this and related issues, so stay tuned. We'll update you in the next newsletter.
Article reprinted with permission on behalf of; The Pike Law Firm, P.C. website: pikeinfo@thepikelawfirm.com
A multinational organization based in Bangkok, Thailand, has agreed to pay $20,000,000 to settle potential civil liability for 467 apparent violations of OFAC sanctions on Iran. Between 2017 and 2018, the company facilitated $291 million in wire transfers through U.S. financial institutions for the sale of Iranian-origin high-density polyethylene resin (HDPE), manufactured by a joint venture involving the parent company in Iran. HDPE is a robust resin used in various plastic products such as food and beverage containers, shampoo bottles, and industrial items. Concurrently, the company initiated U.S. dollar wire transfer transactions to settle the joint venture’s debts to third-party vendors.
BIS has released the newest iteration of their guidance on export enforcement. The “Don’t Let This Happen to You” guidance document is dated March 2024 and is 76 pages of important guidance for the export community. The opening letter states “Export controls have never been more important to our collective security interests than they are today.” Follow the link below to check out more details!
The U.S. Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) against work gloves manufactured in a Chinese company and its subsidiaries, based on evidence suggesting the use of convict labor. This action is part of the U.S. government's efforts to combat forced labor globally. With nearly 28 million workers suffering under such conditions worldwide, WROs are a means to deter companies from exploiting labor and to protect vulnerable populations. By enforcing laws prohibiting the importation of goods produced by forced labor, CBP aims to safeguard American workers, businesses, and consumers. Currently overseeing and enforcing numerous WROs and Findings, CBP emphasizes its commitment to eliminating forced labor from U.S. supply chains and encourages reporting of suspected violations.
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