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 on Jan. 7 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):
In oral argument Jan. 16 regarding the Commerce Department's 2021 administrative review of multilayered wood flooring from China, Court of International Trade Judge Timothy Reif asked counsel for exporters and the government what documentation might be required to prove to Commerce that a private Chinese company wasn’t government-controlled (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 24-00106).
If the Supreme Court eliminates the president's ability to impose tariffs under the International Emergency Economic Powers Act, it may not mean the return of the de minimis exemption, which President Donald Trump also ended via IEEPA, trade lawyers told us.
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 filed recently at the Court of International Trade:
Importer PF America dropped another of its cases seeking an exclusion from Section 301 China tariffs for its vinyl tile flooring entries on Jan. 14 at the Court of International Trade. Recently, the importer voluntarily dismissed two other cases it brought seeking similar exclusions (see 2509300016). PF America entered the goods under Harmonized Tariff Schedule subheadings 3916.20.0020 and 9903.88.17, though CBP classified the goods under subheadings 3916.20.0091 and 9903.88.02, subjecting the flooring to Section 301 duties (PF America v. United States, CIT # 22-00020).
A 1985 Ferrari 288 GTO is properly classified under duty-free Harmonized Tariff Schedule subheading 9705.10.0090 as a "collectors' piece of historical interest," rather than as a motor vehicle of subheading 8703.23.0190, dutiable at 2.5%, importer Ferrari 288 GTO LLC argued in a Jan. 14 complaint at the Court of International Trade (Ferrari 288 GTO LLC v. United States, CIT # 26-00671).
The Court of International Trade erred when it failed to find that importer BASF's food additive betatene is classified as a natural or synthetically reproduced provitamin under Harmonized Tariff Schedule heading 2936, BASF argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The importer said that it clearly established that its product was "prima facie classifiable under heading 2936, meaning that as a matter of law, classification under heading 2106," as a dietary supplement, "cannot stand" (BASF Corporation v. United States, Fed. Cir. # 26-1056).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: