The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Dec. 16 supported its motion to dismiss the amended complaint of aluminum rod importer Prysmian Cables and Systems, saying that the importer’s arguments failed to state a claim, aren’t subject to the “continuing violation doctrine” and don’t have a six-year statute of limitations (Prysmian Cables and Systems v. U.S., CIT # 24-00101).
The Commerce Department's Bureau of Industry and Security (BIS) improperly rejected 63 Section 232 steel tariff exclusion requests filed by California-based importer Mirror Metals, the company argued in a Dec. 20 complaint at the Court of International Trade. Mirror Metals said that if BIS applied the standards laid out in its regulations, the "only reasonable conclusion" it could have drawn was that the company "cannot obtain the subject steel in the U.S. market in a sufficient quantity or quality, on a timely basis to replace the steel it currently imports" (Mirror Metals v. United States, CIT # 24-00260).
Importer Seneca Foods Corp. will appeal a Court of International Trade decision sustaining the Commerce Department's rejection of eight Section 232 steel tariff exclusion requests, the company said in a notice of appeal (see 2410240029). In the decision, the trade court found that the rejections were backed by substantial evidence and in line with agency practice. The court also sustained Commerce's focus on "prospective evidence of steel production" and rejected Seneca's claim that Commerce's approach gives "short shrift to course-of-dealing evidence" that suggests that an objecting U.S. company won't actually deliver the goods (Seneca Foods Corp. v. U.S., CIT # 22-00243).
Importer Ideavillage Products Corp. on Dec. 19 voluntarily dismissed at the Court of International Trade its customs suit regarding the tariff classification of its shavers and replacement cutting heads. The company challenged CBP's classification of the goods under Harmonized Tariff Schedule subheading 8510.30.0000, dutiable at 4.2%, claiming they should be classified under subheading 8510.10.0000, free of duty. Counsel for Ideavillage declined to comment (Ideavillage Products Corp. v. United States, CIT # 22-00332).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy asked the Court of International Trade for another 3,500 words to reply to arguments from the government and solar cell exporters and importers in the pair's suit on the Commerce Department's duty pause on solar cells and modules from four Southeast Asian countries. Auxin and Concept Clean Energy said opposing counsel either consented or took no position to the motion (Auxin Solar v. U.S., CIT # 23-00274).
In response to importer Mitsubishi Power Americas’ motion for judgment, the U.S. filed a cross-motion for judgment saying the importers’ products are filters and don’t fall under the “basket provision” for other catalytic reactors (Mitsubishi Power Americas v. U.S., CIT #21-00573).
The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: