Customs Bulletin Weekly, Vol. 56, October 26, 2022, No. 42
Below is a recap for this week’s Custom’s Bulletin.
- Interval of Admission and Extensions of Remain for Reps of International Information and facts Media Seeking to Enter the United States
- This rule amends Section of Homeland Protection (DHS) laws to superior facilitate the U.S. Government’s capability to realize better reciprocity involving the United States and the People’s Republic of China (PRC) relative to the treatment of reps of overseas facts media of the respective countries searching for entry into the other nation.
- For entry into the United States, such international nationals would seek to be admitted in I nonimmigrant status as bona fide reps of foreign details media. Now, international nationals who present a passport issued by the PRC, with the exception of Hong Kong Particular Administrative Location (SAR) or Macau SAR passport holders, may possibly be admitted in or or else granted I nonimmigrant position right until the routines or assignments constant with the I classification are finished, not to exceed 90 times.
- This rule amends the DHS regulations to get rid of the set time period of keep of up to 90 times and to allow the Secretary of Homeland Safety (Secretary) to figure out the most time period of continue to be, no lengthier than a person year, for PRC I visa holders, having into account specific variables.
- This rule also announces the Secretary has determined the highest period of time of remain for which a noncitizen who provides a passport issued by the PRC (other than a Hong Kong SAR passport or a Macau SAR passport) may be admitted in or normally granted I nonimmigrant status is 1 12 months
- This rule was productive on October 13, 2022.
- Arrival Limits Relevant to Flights Carrying Individuals Who Have A short while ago Traveled From or Were being Otherwise Current In Uganda
- This doc announces the determination of the Secretary of the Division of Homeland Protection (DHS) to direct all flights to the United States carrying people who have a short while ago traveled from, or had been usually existing inside of, Uganda to arrive at 1 of the United States airports where by the United States govt is concentrating community health resources to employ improved general public well being actions.
- For needs of this document, a person has a short while ago traveled from Uganda if that person departed from, or was otherwise existing within just, Uganda in 21 days of the date of the person’s entry or attempted entry into the United States.
- Also, for needs of this doc, crew and flights carrying only cargo (i.e., no travellers or non-crew), are excluded from the measures herein.
- The arrival limitations implement to flights departing immediately after 11:59 p.m. Japanese Daylight Time on Oct 10, 2022. Arrival limitations go on right up until cancelled or modified by the Secretary of DHS and see of these types of cancellation or modification is published in the Federal Sign-up.
- Proposes Revocation of Two Ruling Letters and Proposed Revocation of Procedure Relating to the Tariff Classification of Pan Masala Betel Nut Food Solution
- In NY 830068 and DD H890859, CBP categorized the pan masala betel nut food stuff product in heading 2106, HTSUS, precisely in subheading 2106.90.6099, HTSUS Annotated (HTSUSA) (now subheading 2106.90.99, HTSUS, below the 2022 HTSUS), which provides for “Food preparations not in other places specified or include Other: Other: Other: Other.”
- CBP has reviewed equally NY 830068 and DD H890859 and has decided the ruling letters to be in error.
- It is now CBP’s posture that pan masala betel nut food merchandise is adequately categorised, in heading 2008, HTSUS, specifically in subheading 2008.19.9090, HTSUSA, which provides for “Fruit, nuts and other edible areas of crops, if not well prepared or preserved, regardless of whether or not made up of added sugar or other sweetening issue or spirit, not somewhere else specified or bundled: Other, which include mixtures: Other, including mixtures: Other: Other.”
- Nucor Corporation v. United States
- Plaintiff Nucor Corporation (“Nucor”) troubles the U.S. Section of Commerce’s (“Commerce” or “the agency”) ultimate success in the 2018 administrative evaluation of the countervailing responsibility (“CVD”) order on specific carbon and alloy steel cut-to-size plate (“CTL plate”) from the Republic of Korea (“Korea”).
- Nucor challenges Commerce’s determination not to initiate an investigation into the alleged provision of off-peak electrical power for less than satisfactory remuneration (sometimes referred to as “LTAR”) and Commerce’s dedication that mandatory respondent POSCO and its affiliate POSCO Plantec (“Plantec”) do not meet up with the necessities needed to discover a cross-owned enter supplier partnership.
- The Court docket ordered the pursuing:
- 1. That Commerce’s Closing Effects are sustained in part and remanded in element.
- 2. On remand, Commerce shall rethink or further demonstrate its perseverance not to examine the alleged off-peak sale of electrical energy for a lot less than suitable remuneration.
- 3. On remand, Commerce shall reconsider or further more explain its dedication not to treat Plantec as a cross-owned enter provider in connection with the source of scrap.
- 4. Commerce shall file its remand redetermination on or before January 3, 2023.
- 5. Subsequent proceedings shall be governed by US-CIT Rule 56.2(h) if, having said that Commerce establishes to investigate whether off-peak energy is presented for considerably less than suitable remuneration, the Functions could rather file a joint position report addressing the timing of any vital additional administrative proceedings.
- 6. Any opinions or responsive remarks ought to not exceed 4,000 words and phrases.