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 Nov. 10 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):
President Donald Trump may look to ramp up his use of sections 232 and 301 should the Supreme Court rule that the International Emergency Economic Powers Act can't be used for levying tariffs, various lawyers told us. However, the expanded use of these statutes, both as they are being used now and how they may be used to supplant the existing reciprocal and fentanyl trafficking tariffs, may encounter legal difficulties.
The U.S. Court of Appeals for the Federal Circuit on Nov. 17 held that five types of medical foods imported by Nutricia North America are properly classified as "medicaments" under Harmonized Tariff Schedule heading 3004 and not as "food preparations" under heading 2106. Reversing the Court of International Trade's decision, Judges Sharon Prost, Richard Taranto and Leonard Stark found that Nutricia's goods plainly fall within heading 3004, particularly due to the fact that they qualify as "medical foods" as defined by Congress and the FDA in implementing the Federal Food, Drug and Cosmetics Act. Taranto, writing for the court, added that the entries aren't excluded from heading 3004 due to Chapter 30's note 1(a), which says Chapter 30 doesn't include foods or beverages "(such as dietetic, diabetic or fortified foods, food supplements, tonic beverages and mineral waters), other than nutritional preparations for intravenous administration."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Should the Supreme Court rule that the tariffs administered under the International Emergency Economic Powers Act are not valid, importers of record, who could potentially receive duty refunds, may also end up in legal battles with others who shared in the importer's tariff burden, founding member and principal of Sandler and Travis said during Flexport's Nov. 12 webinar on tariff trends.
DOJ has increasingly relied on an undervaluation theory for trade enforcement cases brought under the False Claims Act in its increased attempt to police trade fraud and may be looking to include "corporate integrity agreements" as part of trade-related FCA settlements, attorneys at Faegre Drinker said during a Nov. 13 webinar that focused on increased trade enforcement.
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:
Eight more cases have been filed at the Court of International Trade contesting the legality of tariffs imposed under the International Emergency Economic Powers Act following oral argument at the Supreme Court in the lead cases on the issue, during which many of the justices expressed skepticism over the validity of such tariffs.