International Trade Community should pay close attention to seemingly vague but very important documents to which administrative agencies must adhere. Animal and Plant Health Inspection Service of United States Department of Agriculture (APHIS) yesterday’s bulletin notice is one such reminder. Since Customs and Border Protection (CBP) works very closely with APHIS, these policies should have direct influence on CBP decision-making process also. On the surface, APHIS bulletin notice – Alternatives to Rulemaking – calls APHIS to adopt a practice that CBP has established for sometime under its ruling system. I invite readers to dive a little deeper into APHIS publication and make it part of a professional toolbox. When administrative agency takes regulatory action – such as liquidation of entry with increased duties by CBP – the affected party may need more time to rebut CBP’s determination. At the same time, that party may not prefer to resolve this issue at post-liquidation stage (e.g. protest, litigation). While regulatory framework provides for extension of time for liquidation at importer’s request, importer is required to demonstrate “good cause.” Notion of “good cause” revolves around facts (usually case specific). APHIS Alternatives to Rulemaking article is a friendly reminder that “good cause” can also…
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