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The "First Sale" Rule

US Customs Abandons Proposed Change to First Sale Rule for Customs Valuation of US Imports

Mayer Brown
October 5, 2010

Please see our Hot Topics for more on the "First Sale Rule."

U.S. Customs and Border Protection Withdraws Its Proposal to End the “First Sale” Rule

Katten
September 29, 2010

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More Ammunition To Kill The 'First Sale Rule'?

Baker Donelson
January 22, 2010

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USITC Issues Report on First Sale Rule

Drinker Biddle
January 7, 2010

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ITC Issues Customs Value First Sale Rule Report – Are Importers Missing Duty Savings Opportunities?

Crowell Moring
January 7, 2010

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ITC Begins Investigation of the “First Sale” Valuation Rule for US Imports

Steptoe & Johnson
December 31, 2008

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ITC Initiates Investigation of Use of the First Sale Rule

Drinker Biddle
Customs and Trade Client Alert
January 2, 2009

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Investigation Initiated Into Use of First Sale Rule for Customs Valuation of US Imports

Mayer Brown
January 6, 2009
Pursuant to a Congressional mandate, the ITC has begun a review regarding the use of the "first sale rule" for valuing US imports upon entry into the United States and has requested written comments from interested parties. The review stems in large part from the uproar occasioned by a US Customs and Border Protection (CBP) proposal that would have abandoned the first sale rule in favor of using the price paid in the last sale occurring prior to introduction of the goods into the United States. For more on the background of this contentious issue see Mayer Brown’s earlier Alert "The First Shall Be Last: US Customs Proposal Would Broadly Increase Tariffs on US Imports").

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U.S. Customs Takes First Step to Implement “First Sale Rule” Data Requirements

Bryan Cave
International Regulatory Bulletin
August 21, 2008
This Bulletin examines an interim rule and “first step” action announced by the U.S. Customs and Border Protection (CBP) on August 20, 2008 for importer declaration requirements utilizing the “First Sale Rule” pursuant to the Food, Conservation and Energy Act of 2008 ( the “2008 Farm Bill”). The CBP is now asking importers to insert a single code “F” on CBP Form 7501 at the line-item level next to the declared value if they use the First Sale Rule.

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CBP To Add Reporting Requirements for First Sale Entries

Drinker Biddle
Customs and Trade Client Memorandum
August 15, 2008
This Memorandum reviews new Customs and Border Protection (“CBP”) reporting rules that will require, for a one-year period, that each importer of merchandise declare whether the transaction value of its imported merchandise has been determined on the basis of a first or earlier sale. This data will be submitted to te ITC which will in turn report to Congress. The Memorandum also includes interesting background on the recent, and controversial, history of the “First Sale” rule.

Please see our Hot Topics for more on this subject.