The Court of International Trade on Sept. 3 dropped two cases on the applicability of Section 301 exclusions from its customs case management calendar for lack of prosecution. Both cases were placed on the calendar and not removed from it at the expiration of the "applicable period of time of removal." One case, brought by Warby Parker, was brought to contest CBP's denial of its protest over whether Section 301 duties apply to its frames and lenses classified under Harmonized Tariff Schedule subheading 9004.90.0000 and secondary subheading 9903.88.15 (see 2303070024). The other case, filed by MTD Products, was filed to contest CBP's denial of its protest claiming its gasoline engines of HTS subheading 8407.90.1020, free of duty, and secondary subheading 9903.88.02, should be exempt from Section 301 duties under secondary subheading 9903.88.12 (see 2309130063) (Warby Parker v. U.S., CIT # 23-00042) (MTD Products v. U.S., CIT # 23-00184).
Customs broker applicant Brandon Chen, who challenged a number of CBP’s 2022 licensing exam questions at the trade court seeking credit for at least one more, succeeded Sept. 4. He will receive a passing score on the test (Brandon Chen v. United States, CIT # 24-00208).
In a decision made public Sep. 5, Court of International Trade Judge Lisa Wang determined that exporter BASF Corp.’s product, Betatene, had been properly classified under Harmonized Tariff Schedule heading 2106 as a "dietary supplement," dismissing the exporter’s claim it should have fallen under heading 2936 as a general-use “provitamin.” She said the product isn’t suited for general use.
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 between Aug. 25 and Aug. 27 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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuit was filed recently at the Court of International Trade:
Knit underwear importer Viecura opposed the government’s motion for judgment in Viecura’s classification case Aug. 29 after arguing that a number of material facts are still in dispute (Viecura v. United States, CIT Consol. # 21-00154).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP unlawfully applied 10% Section 301 duties to importer Shaw Industries Group's Chinese flooring entries, since the goods were subject to an exclusion from the tariffs, Shaw argued in an Aug. 29 complaint at the Court of International Trade (Shaw Industries Group v. United States, CIT # 21-00400).