The following lawsuit was recently filed at the Court of International Trade:
In defense of its motion for summary judgment and opposition to the government’s, an airplane parts importer said Aug. 30 that Harmonized Tariff Schedule heading 8803, which covers “parts of goods” for aircraft or nonpowered aircraft, is more specific than heading 6307, which represents “other made up articles, including dress patterns” in a fabric section (Honeywell International Inc. v. U.S., CIT # 17-00256).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Judges at the U.S. Court of Appeals for the Federal Circuit on Sept. 4 heard oral argument in a tariff classification case on electrical conduit imported by Shamrock Building Materials. Judges Richard Taranto, Todd Hughes and Tiffany Cunningham asked whether the conduit had an insulating function and whether there is a de minimis amount of insulating material a conduit needs to include to qualify for classification under Harmonized Tariff Schedule heading 8547 (Shamrock Building Materials v. United States, Fed. Cir. # 23-1648).
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Digital security cameras mounted as doorbells fall under the Harmonized Tariff Schedule heading governing TV cameras and video camera recorders, according to three separate CBP rulings issued June 21 and publicly released last week.
The Court of International Trade on Sept. 3 dismissed a customs case from importer Dover Street Market NY for lack of prosecution. The court said that because the case wasn't removed from the customs case management calendar at the "expiration of the applicable period of time of removal," the case is dismissed for failure to prosecute. The importer brought the suit in August 2021 to challenge CBP's denial of its duty drawback claims (Dover Street Market NY LLC v. U.S., CIT # 21-00420).
The International Trade Commission and an exporter of aluminum extruders Aug. 29 each opposed a petitioner’s motion for judgment that claimed the ITC had altered usually reliable data to reach a negligibility finding regarding extrusions from the Dominican Republic. The alteration was both established by law and necessary, they said (U.S. Aluminum Extruders Coalition v. United States, CIT # 23-00270).
On appeal, the U.S. supported Court of International Trade Judge Jane Restani’s decision that imported weekly/monthly planners were properly classified as “diaries” under heading 4820 of the Harmonized Tariff Schedule (see 2404100052). The decision subjected the importer to Section 301 tariffs (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).