The U.S. Court of Appeals for the Federal Circuit held on Dec. 4 that the Court of International Trade erred in ruling that importer Blue Sky the Color of Imagination's planning calendars are classified as diaries under Harmonized Tariff Schedule subheading 4820.10.20.10. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by going against the CAFC's 2002 ruling in Mead Corp. v. U.S., which interpreted the term "diary" as referring to "retrospective, not prospective" records. However, the Federal Circuit didn't settle on a final subheading for the products at issue, though it noted that the U.S. offered "some seemingly persuasive arguments" for why Blue Sky's goods fall under heading 4820 rather than under heading 4910 as calendars.
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 Dec. 1 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 are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
LCD display exporter Innolux Corporation moved Nov. 26 to dismiss seven cases against the United States. The cases argued that its automobile display monitors should have been classified under Harmonized Tariff Schedule subheadings 8531.20.0020, 8528.59.2500 or 9013.80.7000, all duty-free, rather than under subheading 9013.80.9000, which carries a 4.5% duty (see 2404090042) (Innolux Corporation v. United States, CIT # 24-00065, -00167, -00168, -00169, -00170, -00171, -00172).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on Nov. 26 granted the government's motion for rehearing in a customs dispute on the classification of certain radial, web and chordal segments imported by Honeywell and used in airplane brakes, changing the classification of the parts to "fabrics" under Harmonized Tariff Schedule heading 6307. Judge Mark Barnett reversed his previous holding that the goods are "parts of an aircraft" under heading 8803, subjecting the items at issue to a 7% duty under subheading 6307.90.98.
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 Nov. 24 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):