Importer MTD Products filed a complaint at the Court of International Trade June 5 claiming its spark-ignition reciprocating or rotary internal combustion piston engines from China were improperly denied Section 301 exclusions by CBP (MTD Products v. U.S., CIT # 22-00174).
A company that imports air fryers brought a complaint to the Court of International Trade on June 5, arguing that its fryer are not “cooking stoves, ranges or ovens” but rather fall under the relevant “other” category (Sensio Inc. v. U.S., CIT # 23-00152).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on May 30 denied the government's out of time motion to extend its time to respond to importer Atlas Power's requests for admissions for all discovery in a customs suit. Judge Stephen Vaden said it denied the motion since relief is available under CIT Rule 36, which "includes a mechanism for a party to request that an admission be withdrawn or amended" (Atlas Power v. U.S., CIT # 23-00084).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on June 4 dismissed a customs classification suit on kids' erasable e-writing tablets from China following importer Kent Displays' notice of dismissal. The notice came after the importer lost a similar case at the trade court, which saw the government prevail in claiming that the tablets fit under Harmonized Tariff Schedule heading 8543, which has a 2.6% duty rate (see 2405090037). In the separate case, Kent was freed from having to pay Section 301 duties on its imports since they didn't cover the tablets at the time of entry (Kent Displays v. United States, CIT # 20-03803).
U.S. importer Water Pik will avoid Section 301 duties on its electromechanical oral hygiene devices from China after arguing that CBP should have classified them under a different Harmonized Tariff Schedule subheading (Water Pik v. United States, CIT # 23-00083).
In a Swiss watch classification case ongoing since 2018, the U.S. argued May 30 that the motion for judgment filed by the watches’ importer should be dismissed for lack of proof. Alternatively, it asked its own cross-motion for judgment be granted because the importer’s watches with gold alloy cases don’t fit under its preferred heading, as that heading, which covers watches with cases made of precious metals, specifically excludes gold (Ildico Inc. v. U.S., CIT #s 18-00136, -00076).
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The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: