Importer MTD Products dropped its case at the Court of International Trade seeking exclusions from Section 301 China tariffs on its spark-ignition reciprocating or rotary internal combustion piston engines. The company filed a complaint in June, claiming that the Office of the U.S. Trade Representative established exclusions for engines of its type classified under Harmonized Tariff Schedule subheadings 8407.90.1020 and 8407.90.1010 (see 2406060034). Counsel for the importer didn't respond to a request for comment (MTD Products v. United States, CIT # 22-00174).
The U.S. and an importer reached a settlement in a 2021 classification dispute regarding Chinese-origin light-emitting diode (LED) lamps. Under the deal, the importer’s lights won't be subject to Section 232 tariffs, with a 25% additional duty, but will be subject to Section 301 tariffs (Super Bright LEDs v. U.S., CIT # 21-00099).
Nvidia CMP 170 HX graphics processing units should be excluded from Section 301 tariffs on China, importer Atlas Power argued in a Nov. 13 motion for judgment at the Court of International Trade (Atlas Power v. United States, CIT # 23-00084).
The U.S. asked the Court of International Trade to amend the preliminary injunction in a suit challenging certain Section 301 action on needles and syringes to reflect the government's stipulation that they will refund any Section 301 duties found to have been unlawfully collected on importer Retractable Technologies' entries. Retractable consented to the move (Retractable Technologies v. United States, CIT # 24-00185).
The following lawsuit was recently filed at the Court of International Trade:
After the Court of International Trade ruled that a Section 301 exclusion for side protective attachments for trucks is a principal use provision, not an eo nomine one (see 2410070030), a vehicle accessories importer asked CIT Judge Jennifer Choe-Groves on Nov. 6 to either reconsider or let it bring an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit (Keystone Automotive Operations v. U.S., CIT # 21-00215).
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 rejected importer Retractable Technologies' bids for a temporary restraining order and preliminary injunction stopping the collection of Section 301 duties on its needles and syringes. However, in a decision made public Nov. 4, Judge Claire Kelly did stop liquidation of Retractable's entries during the course of the company's suit, which challenges the legality of a Section 301 rate hike on needles and syringes.
The Court of International Trade on Nov. 1 dismissed importer Travelway Group International's customs suit for lack of prosecution. The company put its action on the customs case management calendar but failed to remove it or request an extension before time expired. Travelway brought the suit to argue that its backpacks and bags of Harmonized Tariff Schedule subheadings 4202.92.3120 and 4202.92.3131 qualify for Section 301 exclusions. Counsel for the importer didn't respond to a request for comment (Travelway Group International v. United States, CIT # 22-00312).
The Court of International Trade in a decision made public Nov. 4 enjoined the liquidation of importer Retractable Technologies' entries of syringes during the course of its challenge to the Office of the U.S. Trade Representative's Section 301 tariff hike on needles and syringes. However, Judge Claire Kelly rejected Retractable's bids for a temporary restraining order and preliminary injunction on the collection of Section 301 tariffs on needles and syringes, finding that Retractable failed to show it would suffer irreparable harm if the duties are collected. The judge added that the balance of equities and public interest both weigh against taking such action.