The Customs Rulings Online Search System (CROSS) was updated Nov. 14 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):
The Customs Rulings Online Search System (CROSS) was updated Nov. 9-13 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):
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade granted importer Time After Time Manufacturing's motion to dismiss its own customs case concerning its entries of plant carts. The importer filed the case in September, arguing that its plant carts of Harmonized Tariff Schedule subheading 9403.20.0050, free of duty, and secondary subheading 9903.88.03, subject to 25% Section 301 duties, qualify for subheadings 9817.00.5000 and 9403.20.0050, both free of duty (Time After Time Manufacturing v. U.S., CIT # 23-00203).
The Customs Rulings Online Search System (CROSS) was updated Oct. 31 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):
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department illegally deducted Section 301 China tariff duties from exporter Neimenggu Fufeng Biotechnologies Co.'s U.S. price in the 2020-21 administrative review of the antidumping duty order on xanthan gum from China, Fufeng said in its Oct. 30 motion for judgment at the Court of International Trade. In addition, Fufeng argued that Commerce unlawfully valued the company's energy factors of productions and coal classifications, which Fufeng said skewed the dumping margins (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).
CBP failed to apply an Office of the U.S. Trade Representative-granted Section 301 exclusion for "flexible pressure sensitive LCD display devices used as a surface for electronic wiring" to importer Kent Displays' merchandise, the importer told the Court of International Trade in an Oct. 27 motion for summary judgment. Kent argued that its Model WT16312 Dashboard is the type of device as described by the exclusion and, as such, should be free of the 25% Section 301 duties under Harmonized Tariff Schedule subheading 9013.80.7000 (Kent Displays v. United States, CIT # 20-00156).
The U.S. Court of Appeals for the Federal Circuit in an Oct. 20 order granted the U.S. request for 55 more days to file its reply brief in the massive Section 301 litigation, despite an objection from the plaintiff-appellants, led by HMTX Industries. The government's reply brief is now due Dec. 21 following the extension, which was the second of its kind following a 60-day extension (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Commerce Department shouldn't have relied on adverse facts available in an antidumping duty review on tapered roller bearings from China when the respondent was fully cooperative, Chinese roller bearing exporter Shanghai Tainai Bearing said in an Oct. 19 reply at Court of International Trade. Tainai didn't dispute a gap in the record due to incomplete or nonexistent responses from its suppliers. However, the company objected to the use of adverse inferences because it says it complied to the best of its ability (Shanghai Tainai Bearing v. U.S., CIT # 23-00020).