The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
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 following lawsuits were recently filed at the Court of International Trade:
Importer King Maker Marketing told the Court of International Trade on Aug. 2 that the date of importation of its paper-wrapped cigarettes was the date on which the goods were withdrawn from a foreign-trade zone and not the date on which they entered the FTZ. As such, the company said in a complaint that its duty drawback claims weren't untimely, since they were filed within five years of the dates on which the goods were withdrawn from the FTZ (King Maker Marketing v. United States, CIT # 24-00134).
The U.S. brought a complaint July 31 against a limited liability company and its owner for dodging antidumping duties on steel hangers, which it alleged “decimated the steel wire hanger manufacturing industry, leading to the closure of many manufacturing facilities across the United States and the loss of hundreds of U.S. jobs” (United States v. Zhe “John” Liu, CIT # 24-00132).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuit was recently filed at the Court of International Trade:
Fifty-eight World Trade Organization member nations at a July 22 WTO General Council meeting supported an African Group proposal to get an early start to the director-general selection process. The proposal also asks sitting D-G Ngozi Okonjo-Iweala to "make herself available to serve a second term," the WTO said. General Council Chair Petter Olberg of Norway said he heard "unanimous, broad and strong support, both for the current D-G to make herself available and to run again, and for the process to be started as soon as possible."
The U.S. told the U.S. Court of Appeals for the Federal Circuit on July 19 that importer Nutricia North America's medical foods should be classified as "food preparations" and not "medicaments" (Nutricia North America v. U.S., Fed. Cir. # 24-1436).
The Customs Rulings Online Search System (CROSS) was updated June 28 - July 21 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):
Importers Yellow Bird and Vantage Point filed a complaint at the Court of International Trade July 18 arguing that a 1955 Jaguar race car, driven in competitions by multiple Australian racing drivers, is a collector's item, not a used motor vehicle (Yellowbird Enterprises v. U.S., CIT # 24-00121).