CBP will deny liquidation extension requests that are filed "based solely on the pending CIT litigation challenging the lawfulness of the Section 301 duties on Chinese goods under List 3 and/or List 4A," the agency said in CSMS message. CBP will "place protests challenging the lawfulness of the Section 301 duties imposed on Chinese goods under List 3 and/or List 4A in 'Suspended' status under 'Other,' as CBP will not be acting on these protests at this time," it said. "The suspension of protests under the 'Other' category does not in any manner acknowledge the validity of such protests but is merely an administrative convenience for CBP. This guidance regarding liquidation extensions and protest processing does not pertain to entries filed under List 1 (subheading 9903.88.01), List 2 (subheading 9903.88.02), submissions pertaining to exclusion requests pending with the U.S. Trade Representative, or submissions not contesting the validity of List 3 and/or List 4A Section 301 duties on Chinese goods."
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade, noting an impasse on a key jurisdictional question in a customs case in a Nov. 22 letter, gave the litigants 30 days to work out a solution on how best to proceed. Acknowledging the legitimacy of both sides' jurisdictional claims, Judge Jane Restani said that if the parties fail to resolve the matter in 30 days, then the plaintiff, FD Sales Company, has 10 days to amend its complaint (FD Sales Company LLC v. United States, CIT #21-00224).
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should dismiss a challenge of CBP's alleged failure to issue full Section 301 refunds for lack of jurisdiction since the case was untimely filed, the Department of Justice argued in a Nov. 19 brief. Plaintiff FD Sales' rebuttal says that the 180-day deadline to file a case that runs from a protest denial does not apply in this case since CBP did not actually deny the protest, but that the protest can be considered denied in part due to CBP's failure to give the full refund. DOJ countered, in the case's most recent brief, that this argument must be rejected since it is "undisputed" that FD Sales filed its summons more than 180 days after the date of the decision (FD Sales Company LLC v. United States, CIT #21-00224).
The Customs Rulings Online Search System (CROSS) was updated Nov. 18 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):