CBP improperly classified certain toy lips as candy under Harmonized Tariff Schedule Chapter 17 instead of "other toys" under Chapter 95, said importer Imaginings, doing business as Flix Candy, in a complaint last week at the Court of International Trade. Flix said that while the lips consist of two components, the plastic lips and a candy lollipop, the lips give the item its "essential character" and thus qualify the goods for Chapter 95 classification (Imaginings 3, d/b/a Flix Candy v. United States, CIT # 21-00403).
Two 3D-printing pen kit importers moved for judgment Aug. 25 saying their products are demonstrably toys, not hand tools, based on the Carborundum factors (Quantified Operations v. United States, CIT # 22-00178).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Cigarette manufacturer Scottsdale Tobacco said in an Aug. 13 motion for judgment that it was wrongly denied drawback for its Canada-origin paper-wrapped cigarettes entered in 2018 and 2019 (Scottsdale Tobacco v. United States, CIT # 24-00022).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated on Aug. 15 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 U.S. is using "magical thinking" as the basis for its defense in the case against the legality of tariffs imposed under the International Emergency Economic Powers Act, said Rick Woldenberg, CEO of Hand2Mind and Learning Resources, the plaintiffs in the suit currently at the U.S. Court of Appeals for the D.C. Circuit.
In a reply brief, California said Aug. 18 that the U.S. had conceded the state’s challenge to President Donald Trump’s International Emergency Economic Powers Act tariffs “arises out of” the IEEPA. The government’s following argument, that it also arises from Trump’s recent executive orders modifying the Harmonized Tariff Schedule to implement the tariffs, fails because those orders weren’t authorized by a “law of the United States,” it said (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: