Customs Bulletin Weekly, Vol. 56, October 26, 2022, No. 42

Underneath is a recap for this week’s Custom’s Bulletin.

  • Period of Admission and Extensions of Keep for Associates of Foreign Details Media Looking for to Enter the United States
    • This rule amends Division of Homeland Safety (DHS) rules to improved facilitate the U.S. Government’s capacity to realize better reciprocity among the United States and the People’s Republic of China (PRC) relative to the therapy of representatives of overseas info media of the respective nations around the world looking for entry into the other place.
    • For entry into the United States, these foreign nationals would seek out to be admitted in I nonimmigrant standing as bona fide representatives of overseas information and facts media. At the moment, international nationals who existing a passport issued by the PRC, with the exception of Hong Kong Specific Administrative Region (SAR) or Macau SAR passport holders, may be admitted in or usually granted I nonimmigrant standing until eventually the things to do or assignments regular with the I classification are concluded, not to exceed 90 days.
    • This rule amends the DHS laws to take away the established period of continue to be of up to 90 days and to permit the Secretary of Homeland Protection (Secretary) to determine the maximum period of time of keep, no extended than one particular 12 months, for PRC I visa holders, taking into account sure factors.
    • This rule also announces the Secretary has determined the optimum period of time of remain for which a noncitizen who presents a passport issued by the PRC (other than a Hong Kong SAR passport or a Macau SAR passport) may well be admitted in or or else granted I nonimmigrant status is one particular yr
    • This rule was helpful on October 13, 2022.
  • Arrival Limits Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Current In Uganda
    • This document announces the choice of the Secretary of the Department of Homeland Protection (DHS) to direct all flights to the United States carrying individuals who have not too long ago traveled from, or had been usually present in, Uganda to arrive at just one of the United States airports the place the United States government is focusing general public wellness methods to apply improved community health measures.
    • For needs of this doc, a individual has recently traveled from Uganda if that particular person departed from, or was in any other case current in, Uganda inside 21 times of the day of the person’s entry or attempted entry into the United States.
    • Also, for applications of this doc, crew and flights carrying only cargo (i.e., no passengers or non-crew), are excluded from the actions herein.
    • The arrival limits utilize to flights departing just after 11:59 p.m. Jap Daylight Time on Oct 10, 2022. Arrival limits continue on until finally cancelled or modified by the Secretary of DHS and see of this sort of cancellation or modification is printed in the Federal Sign-up.
  • Proposes Revocation of Two Ruling Letters and Proposed Revocation of Treatment method Relating to the Tariff Classification of Pan Masala Betel Nut Meals Solution
    • In NY 830068 and DD H890859, CBP categorized the pan masala betel nut foodstuff product or service in heading 2106, HTSUS, exclusively in subheading 2106.90.6099, HTSUS Annotated (HTSUSA) (at the moment subheading 2106.90.99, HTSUS, less than the 2022 HTSUS), which offers for “Food preparations not in other places specified or incorporate Other: Other: Other: Other.”
    • CBP has reviewed both of those NY 830068 and DD H890859 and has identified the ruling letters to be in error.
    • It is now CBP’s place that pan masala betel nut foods merchandise is effectively categorised, in heading 2008, HTSUS, precisely in subheading 2008.19.9090, HTSUSA, which provides for “Fruit, nuts and other edible areas of vegetation, or else prepared or preserved, no matter if or not made up of extra sugar or other sweetening issue or spirit, not in other places specified or included: Other, which includes mixtures: Other, including mixtures: Other: Other.”
  • Nucor Company v. United States
    • Plaintiff Nucor Company (“Nucor”) worries the U.S. Office of Commerce’s (“Commerce” or “the agency”) closing effects in the 2018 administrative critique of the countervailing responsibility (“CVD”) buy on sure carbon and alloy metal minimize-to-size plate (“CTL plate”) from the Republic of Korea (“Korea”).
    • Nucor troubles Commerce’s dedication not to initiate an investigation into the alleged provision of off-peak electrical power for much less than sufficient remuneration (in some cases referred to as “LTAR”) and Commerce’s willpower that mandatory respondent POSCO and its affiliate POSCO Plantec (“Plantec”) do not meet the requirements essential to discover a cross-owned input supplier relationship.
    • The Court ordered the adhering to:
      • 1. That Commerce’s Final Effects are sustained in component and remanded in component.
      • 2. On remand, Commerce shall reconsider or even further reveal its dedication not to investigate the alleged off-peak sale of electrical energy for much less than enough remuneration.
      • 3. On remand, Commerce shall rethink or even further describe its resolve not to address Plantec as a cross-owned input supplier in relationship with the provide of scrap.
      • 4. Commerce shall file its remand redetermination on or just before January 3, 2023.
      • 5. Subsequent proceedings shall be governed by US-CIT Rule 56.2(h) if, however Commerce decides to examine irrespective of whether off-peak energy is presented for considerably less than enough remuneration, the Get-togethers may perhaps in its place file a joint standing report addressing the timing of any needed further more administrative proceedings.
      • 6. Any remarks or responsive remarks must not exceed 4,000 words and phrases.

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