Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
The U.S. opened a customs penalty lawsuit against California importer Rago Tires, alleging that the company avoided antidumping and countervailing duty orders on truck and bus tires from China. The government is looking to collect $56,435.48 from Rago, quadruple the amount of duties the company allegedly failed to pay (U.S. v. Rago Tires, CIT # 24-00043).
Calendars are visual objects, not notebooks or weekly planners, the government said Feb. 12 in a tariff classification case contesting CBP’s classification of an importer’s weekly planners as “stationary products” rather than duty-free “calendars” (Blue Sky The Color of Imagination v. U.S., CIT # 21-00624).
The following lawsuits were recently filed at the Court of International Trade:
Importers seeking reclassification of their 3D-printing pens as toys rather than machinery consolidated their cases Feb. 5 at the Court of International Trade (Quantified Operations Limited v. U.S., CIT Consol. # 22-00178).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade's mediation in a challenge from importer California Steel Industries seeking exclusions from Section 232 steel and aluminum duties "did not result in a settlement," the court said in a Feb. 2 report of mediation. While Judge M. Miller Baker presides over the case, Judge Leo Gordon served as "Judge Mediator" for the process, which wrapped up Feb. 1 (California Steel Industries v. U.S., CIT # 21-00015).
Importer Fit for Life sought reinstatement of its customs challenge Feb. 2 after it was dismissed that same day due to lack of prosecution (Fit for Life LLC v. U.S., CIT #20-00006).
Correction: Fit for Life, a company that partners with brands such as Gaiam, Reebok, New Balance and Adidas, said at the Court of International Trade that CBP should have classified its imported balance ball chairs as seats of rubber or plastic, a duty-free provision under Harmonized Tariff Schedule heading 9401, rather than as “other articles and equipment for general physical exercises” under heading 9506, which carries a 4.6% duty (see 2402010049).
CBP ruled that the Caper Cart, a "'smart' shopping cart" imported by Instacart, is classified as a vehicle under Harmonized Tariff Schedule heading 8716. The agency said in a customs ruling released Jan. 12 that the cart is "essentially" a manually propelled vehicle that transports goods and functions as a cart, regardless of whether the electronic payment features and point-of-sale system are on the cart.