The Customs Rulings Online Search System (CROSS) was updated April 25-28 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following lawsuit was filed recently at the Court of International Trade:
CBP cannot unilaterally decide to reliquidate entries that were erroneously liquidated while subject to a suspension order from the Court of International Trade, the trade court held on May 8. Judge Gary Katzmann said an "enjoined party is not empowered to choose and implement the remedy for its own violations of an injunction," writing that that power is the court's alone.
President Donald Trump's reciprocal tariffs fail to satisfy the International Emergency Economic Powers Act's requirements by failing to identify an "unusual and extraordinary" threat in relying on "longstanding trade policy problems," 12 states, led by Oregon and Arizona, argued. Submitting a motion for a preliminary injunction against all tariffs imposed under IEEPA, the states also said the reciprocal tariffs, and the tariffs on China, Canada and Mexico, don't "deal with" the threats they identify (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
The U.S. Court of Appeals for the Federal Circuit on May 9 upheld the Court of International Trade's classification of 14 types of frozen fruit mixtures under Harmonized Tariff Schedule subheading 0811.90.80, which covers "other" frozen fruit. Judges Todd Hughes, Leonard Stark and Robert Schroeder, sitting by designation from a Texas court, held that nine types of mixtures that contain fruits and vegetables properly fit under heading 0811 pursuant to GRI 3(b), which considers which component of a mixture gives it its "essential character," since the mixtures' fruit gave the product its essential character. The appeals court said subheading 0811.90.80 was proper to cover all 14 mixture types, though it disagreed with the trade court that "other" means "none of the above," writing instead that it means "none of the preceding categories."
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 Apr. 9-25 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Court of International Trade on May 6 denied a motion to compel discovery of unredacted versions of CBP officials' internal emails from importer Quantified Operations and manufacturer WobbleWorks (HK) in a customs case on the classification of the companies' 3D pens. Judge Richard Eaton said the redacted information isn't relevant to the classification claims and is "protected by the deliberative process privilege" (Quantified Operations v. United States, CIT # 22-00178).
No national emergency or "unusual and extraordinary threat" exists to justify invoking the International Emergency Economic Powers Act to impose tariffs on all U.S. trading partners, the Liberty Justice Center argued. Filing its reply brief in support of its bid for both a preliminary injunction and summary judgment at the Court of International Trade, the conservative legal advocacy group argued that the trade court can review President Donald Trump's declaration of a national emergency (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: