This bulletin has been prepared especially for clients of A. N. Deringer, Inc. by:

 

SERKO SIMON GLUCK & KANE LLP – Customs & International Trade Law

 

November 3, 2006

 

CUSTOMS and BORDER PROTECTION (CBP)

 

  • Possible Increase in Watch Values from U.S. Insular Possessions:  The U.S. Interior Department’s Office of Insular Affairs is seeking comments by November 20, 2006 whether to institute any changes to the maximum watch/component values for watches imported under the Insular Watch Program.  Currently, duty exemption benefits are available for qualifying watches with a maximum movement value of $35 and a value of $800 for the components.  Comments are sought on whether to: 1) leave the maximum values as they are; 2) raise the maximum values for the movement to $50 and the components to $1,250; 3) remove all value restrictions; or 4) leave the movement value at the current level ($35), but index the component values (gold) to the daily New York spot gold price.
  • Diamond Imports Under Kimberly Process:  The U.S. Department of State’s Bureau of Economic and Business Affairs published an updated list of participating countries and their exporting authorities participating in the Kimberly Process Certification Scheme.  Diamonds may not be imported from sources not on the approved list, and is available at: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-17894.htm .
  • Classification Changes:

Certain Plasma Displays – Certain gas plasma displays with electronic assemblies consisting of the address assembly, the scan A & B assemblies, and other connector assemblies are not to be classified under subheading 8529.90.53 (2.9%), HTSUS, the            provision for “flat panel screen assemblies.”  CBP states that as these panels do not contain all three elements required to be classified as “flat panel screen assemblies” (display device, drive electronics, and control electronics), they are properly classified under subheading 8529.90.89 (duty free), HTSUS, the provision for “subassemblies for color television receivers.”

Alloy Steel Powders – CBP states that certain metal alloy powders mixed with inorganic compounds to make magnetic coatings used for data storage tapes and injection           molding should not be classified as “other chemical products and preparations of the        chemical and allied industries” under subheading 3824.90.91 (5%), HTSUS.  Pursuant to the Section Notes, as the steel powder predominates by weight, they are properly classified as “powders of alloy steel” under subheading 7205.21.0000 (duty free), HTSUS.

 

TRADE TALK

 

  • Free Trade Developments: 

DR-CAFTA FTA – At a recent meeting between the presidents of the U.S. and the Dominican Republic, the two leaders agreed to accelerate the implementation process for the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA).  The Dominican Republic Congress is currently considering the FTA implementing legislation.

Expiring Andean Trade Agreement – Reports indicate that the U.S. administration will ask the U.S Congress to extend the Andean Trade Promotion and Drug Eradication Act (ATPDEA) currently set to expire on December 31, 2006.  ATPDEA grants preferential trade benefits for qualifying goods imported from Bolivia, Colombia, Ecuador, and Peru.

  • AD/CVD Developments:  The U.S. Commerce Department took the following action:

Cut-to-Length Carbon Steel Plate Decided to revoke the countervailing duty (CVD) on certain cut-to-length carbon steel plate from the United Kingdom, as revocation will not lead to a resumption of the CVD subsidy.

Stainless Steel Butt-weld Pipe Fittings – Decided to keep in place the antidumping         (AD) order on certain stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines.

  • New Bond Guidelines for High Collection Risks:  CBP is seeking comments by December 26, 2006 to identify factors relating its new policy of seeking additional bond coverage to protect high risk (subject to AD or CVD) imports.  CBP may consider an importer’s payment history and ability to pay when contemplating additional bond thresholds.  After reviewing all received comments, CBP will publish its new Monetary Guidelines for Setting Bond Amounts; additional information is available at:  http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-17885.htm .

 

WORLD TRADE ORGANIZATION (WTO)

 

  • Russia’s WTO Accession Hopes:  Russia is hoping it can reach an agreement with the U.S. administration shortly in order to allow it to join the WTO by mid-2007, before President Bush’s “fast track” authority to quickly close trade deals expires.  U.S. Congress will also have to grant Russia Permanent Normal Trade Relations (PNTR) before Russia can join to WTO.  
  • Vietnam’s WTO Accession:   A WTO Working Party recently approved Vietnam’s WTO accession, with a full membership vote scheduled for November 7, 2006.  Vietnam’s National Assembly is set to ratify the WTO Accession Agreement shortly.  However, Vietnam must still be granted Permanent Normal Trade Relations (PNTR) status by the U.S. before it can actually become a WTO member.
  • DSB Established on Auto Parts:  Following complaints by the U.S., EU, and Canada, the WTO established a Dispute Settlement Body (DSB) to review China’s alleged unfair tariffs charged on imported auto parts.

 

BUSINESS BRIEFS

 

  • Yuan Reaches Record High Against U.S. Dollar:  China set this week the Yuan’s exchange rate against the U.S. dollar at 7.8781, its highest level ever.  China’s Vice Premier reiterated plans to continue pushing forward with reforms of the exchange rate.

 

Serko Simon Gluck & Kane LLP
1700 Broadway, 31st Floor
New York, New York 10019
Phone (212) 775-005 Fax (212) 839-9103
Outside of New York State: 1-800-46-TRADE
E-mail address:
serko-simon@customs-law.com On the internet at: www.customs-law.com

 

Note:  This information is current as of the date of this document, and is not, nor is it intended to be, legal advice, which can only be provided by Serko Simon Gluck &Kane LLP on a case-by-case basis. ©2006

 

This Trade Alert has been prepared by Chaim Appel, Technical Advisor.