The Court of International Trade's mediation in a challenge from importer California Steel Industries seeking exclusions from Section 232 steel and aluminum duties "did not result in a settlement," the court said in a Feb. 2 report of mediation. While Judge M. Miller Baker presides over the case, Judge Leo Gordon served as "Judge Mediator" for the process, which wrapped up Feb. 1 (California Steel Industries v. U.S., CIT # 21-00015).
Turkey's Ambassador Alparslan Acarsoy, chair of the World Trade Organization's agriculture negotiating body, introduced a draft negotiating text on Jan. 30, which could serve as the basis for talks in the run-up to the 13th Ministerial Conference, the WTO announced. The five-page draft text "builds on the negotiating submissions and interventions that members have made" along with "recent consultations in various formats."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP ruled that the Caper Cart, a "'smart' shopping cart" imported by Instacart, is classified as a vehicle under Harmonized Tariff Schedule heading 8716. The agency said in a customs ruling released Jan. 12 that the cart is "essentially" a manually propelled vehicle that transports goods and functions as a cart, regardless of whether the electronic payment features and point-of-sale system are on the cart.
Correction: Fit for Life, a company that partners with brands such as Gaiam, Reebok, New Balance and Adidas, said at the Court of International Trade that CBP should have classified its imported balance ball chairs as seats of rubber or plastic, a duty-free provision under Harmonized Tariff Schedule heading 9401, rather than as “other articles and equipment for general physical exercises” under heading 9506, which carries a 4.6% duty (see 2402010049).
Turkey will appeal a World Trade Organization dispute panel finding against its retaliatory duties on certain U.S. goods, the WTO announced Jan. 31. Because the Appellate Body is nonfunctional as the U.S. prevents vacancies from being filled, the appeal goes "into the void." As a result, Turkey's tariffs may stand without further rebuke from the WTO.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Fit for Life, a company that partners with brands such as Gaiam, Reebok, New Balance and Adidas, said at the Court of International Trade that CBP should have classified its imported balance ball chairs as seats of rubber or plastic, a duty-free provision under Harmonized Tariff Schedule heading 9401, rather than as “other articles and equipment for general physical exercises” under heading 9506, which carries a 4.6% duty (Fit for Life LLC v. U.S., CIT # 20-00004).
The U.S. District Court for the Southern District of New York on Jan. 26 declined to dismiss a False Claims Act suit from a whistleblower that alleges her employer misclassified footwear to avoid tariffs. Magistrate Judge Robert Lehrburger said the fact none of the defendants served as the importer of record for the allegedly undervalued footwear imports is irrelevant for purposes of establishing liability under the FCA (United States ex rel. Devin Taylor v. GMI USA Corp., S.D.N.Y. # 16-7216).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: