Importer Tingley Rubber Corp. told the Court of International Trade that its latex rubber boot savers should be classified under Harmonized Tariff Schedule subheading 6401.99.30, dutiable at 25%, and not under subheading 6401.92.9000, dutiable at 37.5%. The company filed a complaint on Oct. 31 after initially filing its case in 2020. The company said CBP issued a HQ ruling in 2019 confirming that its boot savers properly fit under subheading 6401.99.30. Tingley's preferred subheading covers footwear that covers the knee and is designed for use without closures. Meanwhile, subheading 6401.92.90 covers other footwear that covers the ankle but not the knee (Tingley Rubber Corp. v. United States, CIT # 20-03711).
Swiss watch importer Ildico’s tariff classification case was dismissed Nov. 1 by Court of International Trade Judge Jane Restani. Looking at the common definition of the term “watch glass” -- using both British and American English dictionaries -- she determined that watch glasses on the backs of watches are part of the cases, so the synthetic crystal glass on the backs of the subject merchandise means their cases aren’t made wholly of precious metal. As a result, the judge found that the watches should be classified under Harmonized Tariff Schedule heading 9102 for watches with cases made of materials other than precious metals, the heading preferred by the government, rejecting Ildico’s preferred heading, 9101 (Ildico v. U.S., CIT # 18-00136).
International trade attorney Robert Seely is retiring after nearly 23 years at Grunfeld Desiderio as of counsel, the firm confirmed in an email. Seely joined the firm in its New York office in 2002, working on securing duty refunds and customs classification matters.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated between Oct. 22 and Oct. 26 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Importer Portmeirion Group USA dropped its customs case at the Court of International Trade on Oct. 28, filing a notice of dismissal. The company brought the suit in 2021 to reclassify its ceramic tableware and kitchenware imports under Harmonized Tariff Schedule subheading 6911.10.3850, dutiable at 6%, or subheading 6912.00.3950, dutiable at 4.5%. Counsel for the importer declined to comment (Portmeirion Group USA v. United States, CIT # 21-00179).
The Court of International Trade on Oct. 28 denied importer Retractable Technologies' motion for a temporary restraining order and preliminary injunction against the collection of certain Section 301 tariffs, though the court granted the company's motion for a preliminary injunction enjoining liquidation of its entries during the course of litigation. Judge Claire Kelly issued the confidential decision, giving the parties until Nov. 1 to review any confidential information in the opinion (Retractable Technologies v. U.S., CIT # 24-00185).