The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In April 3 oral arguments before the U.S. Court of Appeals for the Federal Circuit, the government said that the 1930 Tariff Act was recently amended to “explicitly not require” the Commerce Department to show that an exporter’s rate reflects its commercial reality (Pro-Team Coil Nail Enterprise v. U.S., Fed. Cir. # 22-2241).
The U.S. and steel slab importer NLMK Pennsylvania on April 4 settled the importer’s 2021 case contesting the Commerce Department’s denial of its 58 exclusion requests that certain steel articles be excluded from Section 232 duties (NLMK Pennsylvania, LLC v. U.S., CIT # 21-0507).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Blockstream Services USA on April 3 moved to set aside the Court of International Trade's April 1 order dismissing its tariff classification challenge for failure to prosecute (see 2404020013) (Blockstream Services USA v. U.S., CIT # 22-00101).
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 April 1 dismissed a customs suit from Blockstream Services USA for lack of prosecution. The suit was put in the customs case management calendar and not removed "at the expiration of the applicable period of time of removal." Blockstream Services brought the action to contest the classification of its cryptocurrency miners. CBP put the items under Harmonized Tariff Schedule subheading 8543.70.9960, dutiable at 2.6%, while the company argued for subheading 8471.50.0150, free of duty (Blockstream Services USA v. U.S., CIT # 22-00101).
The Commerce Department's Bureau of Industry and Security continued to deny importer Seneca Food's eight Section 232 steel tariff exclusion requests for its tin mill products on remand at the Court of International Trade. BIS said that U.S. Steel can make the same products in a sufficient quantity and in a timely manner to satisfy Seneca's needs, prompting the rejection of the exclusion bids (Seneca Foods Corp. v. United States, CIT # 22-00243).
NEW YORK -- In a marathon four-and-a-half hour oral argument session last week, Court of International Trade Judge Stephen Vaden sharply questioned the International Trade Commission's redaction process in an injury proceeding on phosphate fertilizers (OCP v. United States, CIT Consol. # 21-00219).
The Customs Rulings Online Search System (CROSS) was updated March 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):