Importer PF America dropped another case at the Court of International Trade seeking exclusions from Section 301 duties on its vinyl flooring imports. The importer entered the goods under Harmonized Tariff Schedule subheadings 3916.20.0020 and 9903.88.17, though CBP classified the goods under subheadings 3916.20.0091 and 9903.88.02, subjecting the flooring to Section 301 duties. Recently, PF America dropped a separate suit also seeking Section 301 exclusions on its flooring entries under a similar secondary subheading (see 2509190050) (PF America v. United States, CIT # 22-00255).
Responding Sept. 22 to the government’s opposition to its motion for judgment, importer Zoetis said that its products were only ingredients of animal feed additives, not additives in themselves (Zoetis Services, v. United States, CIT # 22-00056).
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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 case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."
The Customs Rulings Online Search System (CROSS) was updated on Sept. 23 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. Court of Appeals for the Federal Circuit on Sept. 25 upheld the Lists 3 and 4A Section 301 tariffs. CAFC Judges Todd Hughes and Alan Lourie, along with Judge Rodney Gilstrap of the Eastern District of Texas, who was sitting by designation, said the tariffs were a valid exercise of the government's authority under Section 307(a)(1)(C), which lets the U.S. Trade Representative "modify or terminate any action" taken under Section 301, where such action is "no longer appropriate."