The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
Decisions by a single port of entry cannot act as the basis for claims of an established treatment nationally by CBP for customs purposes, DOJ told the Court of International Trade in a brief filed March 29. In a tariff classification challenge brought by Kent International related to bicycle seats, DOJ said CBP New York/Newark's granting of protests doesn't establish a treatment that required notice and comment before CBP Long Beach classified the bicycle seats in a different subheading (Kent International Inc. v. United States, CIT #15-00135).
CBP is consolidating two Enforce and Protect Act investigations and setting interim measures against Phoenix Metal for alleged evasion of AD and CVD orders A-570-079 and C-570-080 on cast iron soil pipe from China. According to the March 28 notice, the EAPA investigation followed a Feb. 17, 2022, complaint by the Cast Iron Soil Pipe Institute that alleged Phoenix Metal acted as importer of record and exported soil pipe covered by the AD/CVD orders to Glendale Plumbing and Fire Supply, Inc. using the Cambodian "front company" Little Fireflies International.
CBP is setting interim measures against six companies for possible evasion of the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China. According to a March 10 notice, CBP has determined that there is reasonable suspicion that Uni-Tile, Durian, Kingway, Lonlas, Maikai, and Top Kitchen evaded AD/CVD by transshipping covered merchandise through Malaysia.
The Court of International Trade ruled that CBP properly classified eight models of gloves imported by Magid Glove & Safety Manufacturing Co. as knit textile gloves, rather than as gloves made of plastics. In a March 25 opinion, Judge Timothy Stanceu sided with the government and ruled CBP correctly classified the gloves imported from China and South Korea in 2015 and correctly denied Magid's 2016 CBP protest (Magid Glove & Safety Manufacturing Co. v. United States, CIT #16-00150).
The Court of International Trade dismissed a case brought by the U.S. government seeking the collection of over $5.7 million in unpaid duties from Katana Racing on passenger vehicle and light truck tires from China. In a March 28 opinion, Judge Thomas Aquilino granted Katana's motion to dismiss based on an expired statute of limitations. The judge ruled that Katana was allowed to revoke an earlier statute of limitations waiver and concluded that without the waiver, any action by CBP is barred by the passage of time (United States v. Katana Racing Inc., d/b/a Wheel & Tire Distributors, CIT #19-00125).
The submission or completion of CBP and Department of Defense forms related to imports of household goods and personal effects constitutes "customs business" and requires any third-party filers to be licensed customs brokers, the agency said in September ruling that was recently released. The ruling came in response to an internal CBP information request from the Port of Baltimore on the requirements for the submission of CBP forms 3461, 7501, 3299, and DOD Form 1252.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: