The following lawsuits were recently filed at the Court of International Trade:
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 Court of International Trade should rehear its decision on whether a Warehousing Agreement between two related companies sufficed as a lease or similar use agreement since it failed to address one of the U.S.'s arguments that the two entities are not separate but merely a single entity, DOJ argued in an April 20 motion for rehearing (SGS Sports v. United States, CIT #18-00128).
The Commerce Department reversed course on 45 Section 232 steel and aluminum tariff exclusion bids, granting the requests on remand at the Court of International Trade. Submitting the results of its voluntary remand request in an April 18 submission, Commerce's Bureau of Industry and Security granted importer Mirror Metals' exclusion requests, finding that the bids should be granted after looking at whether the relevant steel article could be made at a sufficient level in the U.S. (Mirror Metals v. United States, CIT #21-00144).
The Court of International Trade, in an April 4 opinion made public April 12, sustained parts and sent back parts of the Commerce Department's final results in the 2017-2018 administrative review of the antidumping duty order on solar cells from China. Judge Claire Kelly upheld Commerce's pick of Malaysia as the primary surrogate country and the calculation of surrogate financial ratios. However, the judge remanded Commerce's decision to value silver paste using Malaysian import data, value mandatory respondent Risen Energy Co.'s ethyl vinyl acetate and backsheet, and use partial adverse facts available to value missing factor of production data, as well as the conduct of its separate rate calculation.
The following lawsuits were recently filed at the Court of International Trade:
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 recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit affirmed a 35% duty rate for StarKist's tuna salad pouches, agreeing with CBP's preferred Harmonized Tariff Schedule subheading, in a March 30 opinion. Upholding the Court of International Trade's opinion, Judges Kimberly Moore, Timothy Dyk and Jimmie Reyna said that the tuna pouches were "not minced" and "in oil," prompting their placement under subheading 1604.14.10.