Watches that have case backs set with watch glass made of nonprecious materials -- such as synthetic sapphire -- are not considered to have cases made "wholly" of precious metal and are classified differently than watches that do, the Court of International Trade ruled Nov. 1. The holding came as a watch importer’s motion for judgment in a 2018 case wound up being denied, and the government’s was granted, by CIT Judge Jane Restani.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. once again filed a motion to dismiss a case brought by an aluminum rod importer that alleged the Commerce Department had denied a Section 232 tariff exclusion request by pointing to promises made by the importer’s domestic competitor. The U.S. called most of the importer’s claims untimely and unactionable (Prysmian Cables and Systems USA v. U.S., CIT # 24-00101).
Individual importer Timothy Brown filed a complaint on Oct. 31 at the Court of International Trade seeking nearly $20,000 in duty drawback related to the shipment of a Porsch 911 Turbo S luxury vehicle. Brown said he in 2017 imported the vehicle, which was classified under Harmonized Tariff Schedule subheading 8703.24.0190, dutiable at 2.5% (Timothy Brown v. United States, CIT # 20-03733).
Importer Tingley Rubber Corp. told the Court of International Trade that its latex rubber boot savers should be classified under Harmonized Tariff Schedule subheading 6401.99.30, dutiable at 25%, and not under subheading 6401.92.9000, dutiable at 37.5%. The company filed a complaint on Oct. 31 after initially filing its case in 2020. The company said CBP issued a HQ ruling in 2019 confirming that its boot savers properly fit under subheading 6401.99.30. Tingley's preferred subheading covers footwear that covers the knee and is designed for use without closures. Meanwhile, subheading 6401.92.90 covers other footwear that covers the ankle but not the knee (Tingley Rubber Corp. v. United States, CIT # 20-03711).
Swiss watch importer Ildico’s tariff classification case was dismissed Nov. 1 by Court of International Trade Judge Jane Restani. Looking at the common definition of the term “watch glass” -- using both British and American English dictionaries -- she determined that watch glasses on the backs of watches are part of the cases, so the synthetic crystal glass on the backs of the subject merchandise means their cases aren’t made wholly of precious metal. As a result, the judge found that the watches should be classified under Harmonized Tariff Schedule heading 9102 for watches with cases made of materials other than precious metals, the heading preferred by the government, rejecting Ildico’s preferred heading, 9101 (Ildico v. U.S., CIT # 18-00136).
International trade attorney Robert Seely is retiring after nearly 23 years at Grunfeld Desiderio as of counsel, the firm confirmed in an email. Seely joined the firm in its New York office in 2002, working on securing duty refunds and customs classification matters.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.